Tag Archives: usps form 50 disability

Federal Disability Retirement: The Socratic Method

It is a lost art; a contribution from the vestiges of Western Philosophy which was once the pinnacle of an admired approach.  It is a cousin of another from a quote attributed to that “first philosopher”: That an unexamined life is not worth living.  Together — of an internal examination coupled with an external analysis — they constitute the basic foundation of knowledge and the pursuit of truth.

High schools have abandoned the approach; colleges avoid it as being too time-consuming; and in the end, we have just become a polemical society drowning in our own indoctrination of thoughtless regurgitations of convenient soundbites.  For, the Socratic Method is that which the child first begins with: Why?

It is the question based upon curiosity, of a natural desire to seek the Truth.  It is, furthermore, a refusal to accept an answer of why and how we do things, of what we assert to know, “just because”, and instead, to keep pushing to the outer limits of knowledge until certainty and certitude are attained.

That is why, for Federal and Postal Office employees 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, a call to a competent attorney will result in being subjected to a form of the Socratic Method: Questions in order to ascertain whether or not you are eligible and entitled to Federal Disability Retirement benefits.

For, in the end, the truth of your Federal Disability Retirement case must be able to overcome the obstacles which the U.S. Office of Personnel Management will be placing in your pathway.

Contact a FERS Disability Retirement Attorney who specializes in Federal Disability Retirement Law, and begin the process of preparing, formulating and filing an effective Federal Disability Retirement application under FERS by engaging in the ancient methodology of the Socratic Method.

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.

 

Federal Employee Disability Retirement: The Prospective Case

Deciding to move forward on a Federal Disability Retirement case is not a decision which should be taken lightly.

The engagement of and interaction with a lawyer who will represent the Federal or Postal employee in a prospective Federal Disability Retirement case must take into consideration multiple factors on both sides: The substance of the case; the strength of the case; the problems of the case (which are often many); the roadblocks which can defeat a case; the laws which will apply; the case-laws which will need to be cited and in what sequence and form; and many other issues which will arise.

Each case at the outset is obviously a prospective case — and it is the prospect of success or failure and the subsets therein of which should dominate the initial consultation between the potential client and the attorney contacted.  The “sense” of a case can be determined early on; the “foundation” of what is needed may be clarified at the outset; the “weaknesses” may be better defined; and the “chances” of success can be objectively viewed.

Most importantly, consultation with a Federal Disability Lawyer who specializes in FERS Disability Retirement can be assessed with a reasoned effort of definitional magnification in the clarification of issues to be determined.

Sincerely,

Robert R. McGill, Esquire

 

FERS Retirement for Mental or Physical Incapacity: When once…

When once the dream was left unfulfilled, and yet the future appeared so boundless and promising; when once the time spent was so precious as to bring memories and tears of joy for the privilege to live; when once the rains came but not to dampen the sorrows of yesteryear, but to wash away the scars of today’s longing; and when once, there was a time forever bottled so that tomorrow would be remembered as a mere passing thought, and the day after a haven for memories yet to be forgotten.

When, once, we took for granted that which we never think about, reflect upon, and youth’s folly continued for a day and a dawn only to be wistfully forgotten when once the call from Mom’s flustered voice shouted at us to come in for dinner, when the crickets were still singing their mournful melodies in the quiet of evening’s end.

Looking back can hold one back, especially if the remorse of what once was makes you pause in a day when even an hour cannot be spent whittling away the time that cannot be recaptured.  There is time enough for remorse and regret; time yet to remember and recall with nostalgic warmth for days of yore; but as the world turns in the “here” and “now”, the daily grind of duty’s call and obligations which cannot be avoided, must first be attended to.

“When, once…” is to be set aside until the last breath when the drifting dreams of yesteryear’s pausing regret begins to foreshadow today’s memories of a bygone time.

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, time remains of the essence, and while sickness and deteriorating health may freeze one into desiring a time of remembrance back, “when once…” — it is not the right time, yet.

This is still the time to fight on; it is the moment to preserve and protect; and while a Federal Agency or a Postal Facility may have dampened your spirits or attempted to make you into a downtrodden employee whose best years are behind you; nevertheless, it is time to assert your rights and carry on the good fight.  Preparing, formulating and filing a Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether you as a Federal or Postal employee are under FERS, CSRS or CSRS Offset, is a good part of that fight to preserve and protect your rights.

Why should you fight for them?  Because, when that time comes when you say to friends or family that, “When, once…” — the “filler” should be: “When, once…they tried to deny me, I fought and won.”

Sincerely,

Robert R. McGill, Esquire

 

 

OPM Medical Retirement Legal Representation: Only for a season

Is our existence influenced by the seasons that alter, or are we so alienated from nature’s rhythms that we no longer follow the evolutionary trails that other species obey?

Seasons change for a reason; whether our anthropomorphically-imposed reasons or the dictates that consider the rhythms of a universe in constant flux — whatever the foundational purpose and teleological basis explained, the order of the universe allows for consistency such that life can comfortably thrive.

Some things last only for a season, then wither, die — or seemingly so, as leaves turn crisp with the cold winds of Fall, then drop and twirl with the streams of divine breath to disintegrate into the dust of this earth.  Winter covers the soil beneath in a sleeping slumber of hibernating snores, only to begin to see the first greens of Spring, then of the unrelenting tides of Summer’s haze.  Yes, it is only for a season, and then the changes occur.

We can become lulled into thinking that eternity is the exception for our lives; that the artifice we build, of tall towers and endless miles of concrete roadways reflect the immortality of our own existence, but then the next season comes along, and we are reminded that — no, it is only for a season.  Health is like that as well; and while sickness and medical conditions may last only for a season, there are others that must endure beyond, and beyond that.

For Federal employees and U.S. Postal Service workers who suffer from a medical condition such that the medical condition lasts for more than only a season, it may be time to prepare, formulate and file an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Nature’s Season determines for us the rhythm of an impervious universe; and while we may believe that a medical condition is only for a season, the Laws of Nature dictate and decide, and it is up to us to take advantage of the time left, if only for a season, and prioritize our lives, and never take for granted the health that we may yet enjoy, if only for a season.

Sincerely,

Robert R. McGill
OPM Disability Lawyer

 

Medical Retirement from Federal Employment: Masking of Fate

It is still perhaps appropriate at the time of this writing, to consider masks and costumes, as Halloween, or All Hallows’ Eve lingers is just over.  It is a celebratory time; and whether of religious significance or origins discovered in the medieval Gaelic folklore long lost but in remaining songs and ballads sung sweetly without instrumentality or electronic mixing, the tradition of putting on a disguise, concealing one’s face with a mask of another’s soul continues.

It is doubtful that the meaning behind such traditions are ever discussed or believed in; we live in a time when the pinnacle of belief is comprised of nihilism and disbelief; and so the request for alms or a few pieces of candy “on behalf of” a soul departed, is not the foundation as to why a disguise is embraced.  It is, instead, to “have fun” – which is a valid enough reason and rationale in and of itself, though such a goal is not exclusive to also engaging in the activity with a knowledge of why, where we came from, or what we are living for.

The medieval practice of mumming or souling have clearly lost their roots of meaningful efficacy; and with virtual reality overtaking the imagination of modern childhood, there is little room left for the spirit-world of other dimensions, even if we could bring ourselves to believe in them.  Materialism has deadened the parallel universes of fantasy and imagination; the moon smiling can be explained by craters and ridgelines of impervious rocks.  Costumes and masks merely reflect a world already dead; they are not put on for disguise on behalf of souls departed, but merely a put-on to justify laughter, lost innocence and untoward sadness.

Perhaps, by keeping a tradition alive, there will be the possibility of hope, that the meaningfulness of that which is preserved will have a flickering light of potentiality.  But, then, that would mean that elves, gnomes and goblins may still lurk behind hidden corridors of timeless imaginations.

Fate masked is to conceal nothing; it is only when there is a face behind the mask that the mask has any real value; but if the face concealed no longer possesses value, what is the worth of the mask itself?  It merely echoes the truth of Lear’s admonition to Cordelia that, “Nothing will come of nothing.”  There have always been masks to conceal, but worn on occasions recognized for specified events, where all can engage in the fun of hidden meanings; it is the mask of daily veil, however, that should instill terror in the hearts and souls of the living.  For, it is that smile dispossessed; the disarming wink; the open expression of camaraderie; yet, once the back is turned, the sharpened knives are unsheathed for selective display of unstated purposes.

For Federal employees and U.S. Postal workers who are considering preparing, formulating and filing a Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the question often posed is:  When should I?  The missing addendum to such a general question is multiple:  When should I file (as soon as possible, as the process to obtain a Federal Disability Retirement benefit is long and arduous); When should I inform my agency or the U.S. Postal Service (not until the time of filing, unless there is a compelling reason to do otherwise); When should I take off this masking of fate?

As to this last question – well, perhaps when the Federal Disability Retirement application is finally prepared and ready for filing; for, that is the time when the point of pain, anguish and the hollow eyes impounded by a medical condition may begin to repair themselves for the trading dawn away from the daily drudgery of the mask that conceals.

Sincerely,

Robert R. McGill, Esquire 
FERS Disability Retirement Attorney

 

OPM Disability Retirement: The Process of Decision-Making

As has been previously stated in repetitive fashion, in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important to understand and acknowledge the duality of the process — for it is a process, as opposed to a singular event, both as an administrative legal issue, as well as for the individual Federal or Postal employee in a personal sense.

To clarify:  As an administrative issue, it is a process which involves multiples stages of argumentation (potentially).  Yes, it would be nice if every case was decided with an approval at the First/Initial Stage of the administrative process; however, there is a purpose and a reason why there are multiple stages.  It is precisely because it was anticipated that there would be denials and appeals to such denials, that an administrative procedure for multiple stages of review and further submissions of evidence and arguments was constructed and implemented.  It is not an entitlement pursuant to a fixed date, a fixed age, or a triggering event.  Rather, it is an administrative process which must be proven, applied for, and affirmatively shown that one is eligible.

From the personal perspective of the Federal or Postal employee, the decision of “when” to apply for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, is also a process, as opposed to a singular event.  There are, of course, cases where a traumatic injury or life-changing accident occurred, and such an event is the triggering moment for filing.  But for most Federal or Postal employees, the medical condition suffered is a progressively deteriorating process, and it is often difficult to determine a “date certain” where one can point to on a calendar and state, this is the day and hour when I cannot perform one or more of the essential elements of my job.

This is why there is an inherent complexity to a process, as opposed to a singular event of certitude — for, it is always the unknown and the uncertain which gives rise to the anxieties of life, and a process is indeed a period of the unknown, and a chasm of uncertainty.

Sincerely,

Robert R. McGill, Esquire