OPM Retirement from Medical Conditions: Proof to Conclusion

It has been pointed out by many philosophers that Socratic Method is not the manner in which most people conduct their lives in arriving at beliefs.

Rather than the traditionally-accepted engagement of searching for evidence and analyzing such evidence, then arriving at a conclusion based upon the strength of that evidence, the very opposite occurs: We first form our own conclusions, then accept any and all evidence which tends to support that belief, simultaneously excluding and ignoring any semblance of evidence which may contradict our firmly-held beliefs.

“Proof to conclusion” is the supposed paradigm; in reality, “conclusion without proof” is the working norm.

And, perhaps, part of the problem as to why we operate in this manner is because we are a nation of lawyers, and why the adversarial system is also “supposed” to operate in a dialectical manner where contending “proofs” are meant to clash and contradict, until the “truth” somehow dominates the adversarial contentiousness and makes its appearance in a persuasive manner; yet, somehow, it doesn’t seem to work in the way it is supposed to.

In reality, what law school teaches is the following:  “Here is the conclusion we want to reach; now, go and find the legal precedents which justify the conclusion which we have already reached.”

For Federal Government employees and U.S. Postal Service workers who are contemplating preparing an effective Federal/Postal Disability Retirement application under FERS, this manner of counter-rational — or, reverse-thinking — can be a detriment in putting together a sufficient Federal or Postal Disability Retirement application with the U.S. Office of Personnel Management.

On the one hand, “Conclusion-then-proof” is somewhat of a “given”, inasmuch as the “conclusion” has already been reached:  That you have an impeding medical condition requiring the submission of a Federal Disability Retirement application, and the “proof” must thereafter be obtained.  On the other hand, the legal criteria required by Federal Disability Retirement Law looks for the Socratic Method — of providing proof, then allowing the governing body (OPM for Stages 1 & 2; the MSPB for Stage 3 of the Federal Disability Retirement process) to reach its own conclusion.

Thus, both the “traditional” method (otherwise known as the Socratic Method) as well as the counter-normative method are involved.

In either case, it is important to have the guidance of a Federal Disability Attorney who specializes in OPM Disability Retirement Law, where both the Socratic Method and the Counter-Normative Method can be employed, where — in the end — the “proof to conclusion” can stand a chance to get an approval for Federal Disability Retirement benefits under FERS.

Sincerely,

Robert R. McGill,
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

OPM Medical Disability under FERS: Memory

There have been many recent works of fiction involving the issue of memory — The Memory Police, by Yoko Ogawa; The Buried Giant (Kazuo Ishiguro); Tell Me an Ending (Jo Harkin); just to name three right off the bat.  Why has it become a recurring theme?

Is Google the culprit — that memory is no longer a skill cultivated; where conversations are suddenly terminated because someone has whipped out their Smartphone and looked up the name of the movie, the meaning of a word, or the line from a book of poetry?  Is rote learning even needed?  Does anyone memorize a poem, a line from a novel, or even a stanza from a rhyme?  Has an angst developed, an anxiety left unexpressed, an educational concern subtly evolved?

If we can Google anything, is there ever a need to memorize?  If we fail to cultivate the tools of memory, will we make more of the same mistakes than ever before?  Wasn’t it some philosopher who said that history will forever repeat itself because short memories spawn the ignorance needed to forget the horrors of war?  Didn’t WWII follow upon a generation who had forgotten that the “War to end all wars” — WWI — was fought to achieve an eternal period of peace?

And Vietnam was forgotten, followed soon thereafter with Afghanistan — and how the media attempted to capture a scene depicting some helicopter evacuating masses of civilians from the top of a building — that imagery of a former time, a forgotten memory, a repetition of history.  But did anyone remember?  Was there any resurfacing of memories?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, “memory” is precisely what the U.S Office of Personnel Management wants you to forget:  That there is case-law which applies; that the law and statutory authorities require application and compliance; that eligibility for Federal Disability Retirement benefits must follow the regulations overseeing OPM’s decisions, etc.

The U.S Office of Personnel Management often needs some “reminders” of what constitutes legally-sufficient evidence for an approval; and while OPM’s memory may often fade, it is the job of a competent attorney to “remind” them, to shake their forgetfulness and to emphasize that past case-laws still apply in the current state of society’s amnesia, and thus, you should contact a competent and effective attorney to make sure that OPM “remembers” what the law is.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

FERS Disability Retirement: Language Games, Revisited

Wittgenstein was a keen observer of the world; “Language games” is a term which he employed, and it encompassed the full panoply of various linguistic contexts in the arena of communicating.  He would have been fascinated by the turn of linguistic events in modernity — of how the explosion of technology has changed the application of language; but lamented, perhaps, the loss of care and precision in usage.

Once, for example, there was “husband and wife”.  Over time, of course, it sounded a bit mundane, and needed some “spicing up”.  So, young people decided to apply such terms as “partners”, “spiritual partners”, “lovers”; “companions”; “significant other”, and perhaps other nomenclatures applied to replace the old, worn-out, biblical ascription of “Husband and Wife”.

But life tends to modify (or mollify?) such youthful caricatures:  In the end, whatever euphemisms are applied, someone has to take out the garbage; change the baby’s diapers; wake up in the middle of the night to feed the critter; do all the chores which make up the compendium of “running a household”, etc.  And, in the end, it matters little whether the language game involves spicing up of terms — for, whether a partner, a lifetime partner, a spiritual partner-for-life or some “significant other”, the plain reality is that life has to be lived whether under one assumed name or another.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, the language games applied in preparing, formulating and filing an effective Federal Disability Retirement application under FERS to the U.S. Office of Personnel Management, are important.

For, as a “paper presentation” to the U.S. Office of Personnel Management, what words we choose, the nomenclatures applied, the descriptive adjectives invoked — all are important in formulating an effective application.

And while, whether or not you use “husband and wife” or “lifetime partners”, someone still has to take out the garbage and do the laundry, and someone has to prepare an effective Federal Disability Retirement application.  It might as well be an effective lawyer who specializes in the practice area of FERS Disability Retirement Law exclusively — and yes, a fee is charged, but no garbage, please.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

FERS Disability Retirement from OPM: Knowing the Law

If ignorance of the law were a valid excuse, we could all get away with murder.  Not knowing what the law is; claiming to have been without knowledge of the law at the time of the occurrence; failing to address the law when involving one’s self in an administrative procedure — these are never valid excuses in being held to account for such lack of knowledge.

There are, of course, certain “natural laws” which cannot be avoided, such as taking another’s property without consent or harming someone, such that the only time “knowledge of the law” can be used as a defense is if the perpetrator claims lack of mental capacity — i.e., the classic insanity defense.

In all other areas, “knowing the law” is an important first step before initiating any process, and that is why Federal Disability Retirement Law is important to “know” before beginning the process of applying for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, under FERS.

It is, first and foremost, astounding that anyone would begin filling out the Standard Forms for applying for Federal Disability Retirement benefits before first understanding the laws governing Federal Disability Retirement benefits.

Contact a FERS Disability Attorney who specializes in Federal Disability Retirement Law and begin the process of preparing, formulating and filing for Federal Disability Retirement benefits — by first “knowing the law”.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

OPM Disability Retirement Help: Going Through “The List”

We have all made them.  When we don’t have one, we justify its absence by saying things like, “I know what to get” or, “No, I never forget, anyway, so I don’t need one” — until you do forget, forcing the issue of needing one.  It is repetitive — even an admission of forgetfulness.

In some instances, the reminder itself fulfills the function — i.e., when we write it down, we actually no longer require it, and fail to disremember it, thereby not needing the list in the end.  In some endeavors, the action itself reminds us of an unstated “list” of sorts, as when a person goes through the standard forms in an OPM Disability Retirement application.

Each form in the application — especially the Standard Form 3112 Series — reminds, infers, implies and touches upon the requirements to meet the criteria for Federal Disability Retirement benefits under FERS.

Indeed, behind each of the forms — the SF 3112A (Applicant’s Statement of Disability), SF 3112B (Supervisor’s Statement), SF 3112C (Physician’s Statement) and SF 3112D (Agency Certification of Reassignment and Accommodation Efforts) there exists an invisible history of case-law precedents issued by the U.S. Merit Systems Protection Board and the Federal Circuit Court of Appeals.

It is tantamount to “The List” which reminds us that preparing an effective Federal Disability Retirement application is not just a matter of filling out forms, but includes much, much more.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

OPM Disability Retirement Law: Foreign Lands

Reading essays about foreign lands is often challenging where reference points and contexts are often presumed.  One immediately reaches for one’s Smartphone in order to Google the locations in relationship to a country — is it in the south of France, close to Spain?  It is near Paris?

Why that matters is another issue — for, somehow, if we can recognize a known entity, it makes us more comfortable in reading further about a strange area unknown.  Even if we have never been to Paris, we recognize that it is a large metropolitan city and can therefore relate it to our own experiences.  Context is important; reference points to that which is familiar somehow makes for greater understanding, comprehension, and appreciation.

Entering or reading about foreign lands is somewhat akin to preparing an effective application for Federal Disability Retirement benefits under FERS.  The entire concept is strange and foreign to somehow whose life has been dedicated to work and advancement.  To suddenly have to stop working because of a medical condition, and then to file for early medical retirement, is tantamount to traveling to a foreign land.

To be successful in a Federal Disability Retirement application under FERS, it is advisable to contact a “tour guide” — a disability attorney who specializes in Federal Disability Retirement Law, and thereby show you the familiar reference points in order to maneuver through the best sights, avoid the dangerous areas and pitfalls within the law, and to get you to the endpoint of the entire process: An approval from the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

OPM Disability Retirement: The Segment of Accomplishment

Each of us are allotted a specified time within which to make our fortune, map out our notoriety, earn and gain the respect of our community, and then — recede into the footnotes of history, if even an honorable mention is deservedly given as a coronation of our accomplishments.  The segment of accomplishment is our slice of life; it is the time given in order to make a difference, to “live to the fullest”, to put our stamp upon history; or to remain in the shadows of anonymity.

During the course of that segment of accomplishment, we are often beset with questions that make us pause: Is there meaning in this universe?  Is there a transcendent purpose that guides?  Is our segment of accomplishment of any relevance?  What if we fail at our allotted segment?

For Federal employees and U.S. Postal workers who become impacted by a medical condition that prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, the questions surrounding one’s segment of accomplishment becomes poignantly posed: Is this the end of my particular segment, and what is there beyond?

Consult with a Federal Disability Attorney who specializes in FERS Disability Retirement law, and begin to consider filing for an effective Federal Disability Retirement application so that the segment of accomplishment for this particular slice can be completed, and a view towards the future — and another segment of accomplishment — may bring about the next stage of fulfillment.

Sincerely,

Robert R. McGill
OPM Disability Attorney

 

OPM Disability Retirement under FERS: The Pariah

The irony is that some in the universe of bloggers and ceaseless appearances on the Internet consider that the word itself should be cast out of the sphere of daily lexicon usage; the word itself is considered a pariah, and therefore is treated as such.

Yet, words in and of themselves have no meaning; Wittgenstein is correct in positing that the concept of a “private language game” known exclusively to a single individual is nonsensical — literally — precisely because “meaning” is imported by the manner in which a word or sentence is communicated between two or more individuals, and the purpose and motive by which it is applied.

A pariah is an outcast, and there are many in the world who are treated as such.  Whatever its historical origins or derivative usage which have engendered insult or resulted in a connotation of disparagement, the problem is not in the word itself but in the motive behind its application.  The word itself is actually quite descriptive and describes accurately the manner in which many individuals in society are treated.  Expungement of the word would indeed be a great loss.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, the treatment of such individuals as a “Pariah” aptly describes how they are looked upon.

Consult with a Federal Lawyer who specializes in Federal Disability Retirement Law, and see whether or not you might qualify for a Federal Disability Retirement annuity so that you can escape from the designation of a “pariah” and move forward in a life where you are treated as an equal, and not as an outcast.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement from the OPM: Careful Planning

Is there any other type?  Do we ever plan, but do it carelessly?  Or, is it a redundancy to ascribe any planning as being “careful”?  Another question, of course, is the manner in which we determine the basis of such planning; i.e., is it only a retrospective judgment that is made after the fact?  In other words, do we ascribe the designated title of “careful planning” only after things have gone smoothly, and that of “careless planning” when things have not?

When the boss pats you on the shoulder and says, “Good job” and you turn and smugly respond, “Well, it’s just a matter of careful planning,” is such a response appropriate only because things had turned well?  And when it does not, do you just say: “Well, despite careful planning, there were some unforeseen circumstances that arose and all we can do is to counter them as best we can”?

There is, of course, such an animal as “careless planning” — where one has engaged in the motions of planning a future course of events, but has not taken the time to think it through, plan alternative avenues for “handling a potential conflict”, or otherwise did not meticulously prepare for the upsides and downsides of potential difficulties.  And that is the key, isn’t it — to consider the options, take into account the possibilities, and to plan accordingly?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal position, careful planning in the preparation, formulation and submission of an effective Federal Disability Retirement application is a “must”.

We all engage in retrospective confirmation of our actions, and the single telling factor of careful planning in a Federal Disability Retirement application is when you receive an “approval” from the U.S. Office of Personnel Management.  Of course, when dealing with a Federal bureaucracy, a denial does not necessarily mean that careful planning was not engaged in, but merely that further planning and careful consideration must be given in order to battle with, and prevail, against OPM.

Consult with an attorney who specializes in Federal Disability Retirement Law and begin to formulate the plans which will be most effective in obtaining your disability retirement benefits from OPM.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement under FERS: Balancing the Unfair Advantage

It is the advantage itself — whether by one side or of the other — which creates an imbalance to occur, and it is thus the greater weight on either side defines and constitutes the unfairness of it all.  A weighted scale; a pair of loaded dice (it was once the case that such a phrase — “pair of dice” — was unnecessary, because the singular of “dice” was die, and to identify ”dice” was to necessarily state the obvious that it was a pair; but in Modern Standard English, the word “dice” now represents both the singular as well as the plural; but we digress); a biased referee; a bribed umpire — do these all have something in common?

No, this is not an IQ Test (remember those questions where you are given a series of words and you had to either choose the one that would fit into the same category or exclude the one that was a misfit?), but it does symbolize the state of affairs in so much of life.

Where unfairness abounds, it is often the concealed aspect which tips the balance in favor of one side or another.  Thus do politicians allow for silent exceptions within the detailed language of legislation; undeclared biases determine advantages otherwise unidentified; insider information gives the unfair advantage to stock traders and members on financial boards and subcommittees; and the team which steals the rubric of the other’s signals and signs gains the advantage both in predicting future behaviors and battles.

In law, who has the unfair advantage?  Is it the entity who fails to explicitly define the criteria which determines success?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal employee from performing one or more of the essential elements of one’s Federal or Postal job, just remember that filing a Federal Disability Retirement application guarantees nothing.

The legal criteria inherent in the process; the administrative procedures which must be advanced; the supporting documentation that must be submitted; the answers on standard forms which must be completed — these are all within the purview of knowledge by the U.S. Office of Personnel Management, and is not easily comprehended by the unwary applicant.

Seek the counsel and guidance of a FERS Disability Attorney who specializes in Federal Disability Retirement Law and begin to balance the unfair advantage that OPM naturally and already possesses.

Sincerely,

Robert R. McGill, Esquire