Federal Disability Retirement under FERS: Spectator Sports

Psychologists and commentators in general have had a field day (yes, the bad pun is intentional — but who can avoid it?) with analyzing and providing “expert” opinions on the matter, which essentially plays with (yes, yes, another bad pun) the following question: Why are people so enamored by watching others play a game?  What is it about the concept of spectator sports that draws such a crow?  What is it about being part of a “team” that results in people acting in such bizarre ways?

It is, of course, an easy transition to other areas of one’s life — from spectator sports to the political rally; of parades and cheering crows; of legions of a cheering populace gathered to welcome the Roman troops returning from battle; of D-Day and V-J Day; of the stadiums filled for the World Cup in Soccer to the excesses of the Super Bowl; of March Madness and the tradition of Friday Football (High Schools), Saturday Football (Colleges) and Sunday Pro football games; and what the Covid-19 Pandemic reflected when everyone was shut in, but with curtailed capacity to view such spectator sports.

What does it reveal about us?  Had the Romans, with their vast coliseums, already figured out the human psychology — of the need for spectator sports — in order to satisfy the blood-thirsty need of a restless populace?

For Federal employees and U.S. Postal workers who are needing to filing for Federal Disability Retirement benefits under FERS, hiring a disability attorney who specializes in Federal Medical Retirement Law is often approached as one does a spectator sport: Who has the highest winning percentage?  What Law Firm will treat me as a “team member”?  And, the flip side is also true, concerning the perspective of the Agency: “How will my ‘team’ (the Agency) treat me?” “How will my team react?”

Whether fortunate or unfortunate, the psychology of spectator sports is how everyone views things, but for the Federal or Postal employee who is ready to contact a FERS Disability Lawyer to initiate the process of OPM Disability Retirement, understand that trying to get an Federal Disability Retirement is ultimately not a spectator sport; for, it is the reality of a life endeavor, and your full participation will be needed on the “field” of the early retirement process.

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 & Postal Early Medical Retirement: The Ornament of Language

We have all come across that experience — of people who talk, but say nothing; of eloquence without substance; or of the “great talker” who, after the party is over, stands alone in the solitary corner of irrelevance.

Language is meant to communicate; moreover, to provide the narrative of life and living.  The ornament of language — those hanging extras and decorations meant to embellish and enhance — is provided for various purposes, including exaggeration and to make it more “interesting”.

The question encountered in any narrative is to ask: How much bare-bones substance and to what extent ornamentation?  This is like the question: How much history should be provided, and to what extent, context and personal asides?

For Federal employees and U.S. Postal workers who suffer from a medical condition and must submit a Federal Disability Retirement application under FERS with the U.S. Office of Personnel Management, the question of content and substance as opposed to background information often triggers the concern about the ornament of language.

Precision is preferred; tangents should be avoided; the foundation of a case should be solidly constructed.

Contact an OPM Lawyer who specializes in OPM Disability Retirement Law and begin the process of preparing, formulating and filing an effective Federal Disability Retirement application under FERS with both the substantive content of a persuasive legal argument as well as the ornament of language which will compel the U.S. Office of Personnel Management to approve your case.

Sincerely,

Robert R. McGill, Lawyer

 

FERS Disability Retirement: Trains that have already left

What do we say about a person who is told that his train has already left the station, and that another will not take him to his destination until the day after, yet insists upon remaining on the platform hoping that, somehow, another will arrive, perhaps in the next hour or so?  Is it stubbornness?  Or, perhaps a denying of reality?  Or a refusal to admit to one’s mistake in arriving too late?

The metaphor of the train having already left the station, of course, is a universally well-known one, and it is especially poignant when emphasizing the need to rearrange, reorganize and rethink one’s future plans.

So the conversation goes: “Well, I am thinking about doing …”  And the response is: “That train has already left the station.”  Meaning: You may have had the opportunity to do what you are thinking of doing, perhaps 5 years ago, or maybe even yesterday; but such an opportunity has already come and gone, and you cannot change the fact that the proverbial “train” has already left without you.  The response might be: “Yes, but I can catch the next train.”  To which, the counter to the response is often: “That may be, but understand that it will be a different train, and not the same one that you missed.”

How far can one go in utilizing a metaphor or an analogy?  At some point, the metaphor can become lost within layers of double and triple “meanings”, and the conversation has to get back to the reality of the present and actual situation.  And so the return back to basics: A 40-year old man says, “I think I will try out for the Orioles as a short-stop.”  The friend may give a wry smile and say, “Yes, but you know that that train has already left the station”.

We all know what that means: While the Orioles sorely may need a good short-stop, a person who is 40 years old will not be able to keep up with the rigor of being a professional baseball player.  It is simply not realistic.

Likewise, for Federal and Postal 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, it is often difficult to discern the “reality” of one’s situation in making a proper determination for one’s future.  Is it realistic to think that one will be able to return to work?  How long will the Federal Agency or the Postal Service show patience in taking so much time off? Is it possible that the Federal Agency or the Postal Service will be able to accommodate my medical condition?

Trains that leave the station on time are often ones that are forever gone; and the one that is ultimately entered to travel to the destination one has chosen, may well get you to where you want to go, but it will nevertheless be a different train, a distinctly separate destination, and even the rider will be another person.

Sincerely,

Robert R. McGill, Esquire

 

OPM Retirement for Mental or Physical Incapacity: Fear and trepidation

The first may lead to the second; the second, exacerbating the first, may establish a vicious cycle where fear is feeding the trepidation and the trepidation continues to exponentially increase the fear because non-action only expands the tension that grows without containment or restriction.  It is, indeed, a conundrum of paralysis; and the will to change, alter or modify necessitates action, but action cannot come before fear is vanquished and trepidation is overcome.

This is a dysfunctional society.  There is a lack of stability, and perhaps the instability is as a result of the greater freedoms and liberties enjoyed.  But where a culture and society are founded upon unfettered liberty, there must be some internal mechanism that contains the extent of choices offered and the pathways opened.

Once upon a time, ice cream flavors numbered within the fingers of a hand, or perhaps both hands; but once the Pandora’s box of alternatives was unleashed, the paralysis that follows betrays the fragile nature of a human psyche.  Fear and trepidation go hand-in-hand precisely because it is an insular, self-contained cycle of self-immolation feeding each upon the other.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition is beginning to prevent the Federal or Postal worker from performing one or more of the essential elements of his or her job, it is understandable that fear and trepidation continue to paralyze any movement away from a career that has been invested with such high costs.  The choices here, however, are limited. You can stay put; walk away and abandon; or file for Federal Disability Retirement benefits.  It is the last option which is normally the most viable, the most vibrant and the one to pursue because it protects and preserves the future security of one’s livelihood.

Do not let fear and trepidation paralyze and overwhelm; a consultation with an experienced attorney who specializes in Federal Disability Retirement law is often the first best step in moving forward.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Sorrow behind the facade

How do we know a person’s sorrow?  Of other emotions, we question and retain suspicions, but why is sorrow placed on a separate plane, untouchable and abandoned as sincere despite warranted evidence to the contrary?  Of love, we question constantly — as to sincerity, whether fidelity has been maintained and preserved; of joy or happiness, daily do we self-analyze and evaluate; but of sorrow — once the tears pour forth upon the event learned and considered, there are few who doubt for fear of being tarred as the cynic who had no feelings or remorse.

There are instances — of an unnamed president who purportedly was seen joking and laughing on his way to the funeral, but suddenly turned dour and despondent in facial expression once recognition was noted of cameras filming and spectators observing; or perhaps there are relatives who are known to have hated a deceased kin, but arrived at the funeral out of obligation and duty; of those, do we suspect a less-than-genuine sorrow?  Is it because sorrow must by necessity be attached to an event — of a death, an illness, an accident, or some other tragedy that we consider must necessarily provoke the emotional turmoil that sorrow denotes?  But then, how do we explain the other emotions that are suspected of retaining a facade and a reality beneath — again, of love and happiness?

Medical conditions, especially for Federal employees and U.S. Postal workers, are somewhat like the sorrow behind the facade.  Few will openly question it — whether because to do so is simply impolite or impolitic — but some will suspect as to its validity, especially when self-interest is at stake.  The declaration, “Is there a malingerer within our midst?” will never be openly spoken.  For, what is the evidence — excessive use of SL, AL or LWOP; frequent doctor’s appointments; inability to maintain the level of productivity previously known for; lack of focus and concentration at meetings; inability to meet deadlines, etc.

For others, these are harbingers of irritants that delay and impact the agency as a whole; for the Federal employee or Postal worker suffering from the medical condition, they are the symptoms and signs beneath the brave facade that is maintained, in order to hide the severity of the medical condition in a valiant effort to extend one’s career.  There comes a time, however, when the reality of the medical condition catches up to the hidden truth beneath the facade, and once that point is reached, it is 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.

In like manner, the sorrow behind the facade is similar to the medical condition in and around the Federal agency or the U.S. Postal Service — both may be real, but it is the “proving” of it before OPM that is the hard part.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement from OPM: Capturing youth

Advertising agencies know well their targeted audience; one need only sit and watch the news, flip through the various channels and recognize that yes, someone has more information about one’s particular household than one would like to share; otherwise, why does the age-group, the likely medical conditions being suffered and the problems statistically encountered seem to fit you?

Then, you search on the computer for a specific product, and suddenly ads appear throughout in the margins of the screen trying to entice you to similar genres of product lines.

Someone is “watching” you; information is being gathered throughout; and all along, it never was the onerous manner in which Orwell’s depiction in his famous novel, 1984 tried to describe and delineate.  No, in that novel, the totalitarian nature of the State imposed and prescribed television screens that had a 2-way capacity to watch and observe, and there were microphones planted in strategically-placed areas to listen in on conversations.  No such events were needed in modernity.

Instead, we go out and voluntarily buy the devices and bring them into our homes without any State or Regime ordering us to do so.  And all in the name of capturing youth.  Youth, by the looks of television and Internet ads, seems to be the prevailing impetus for all that everyone does in life.  Even the old people look young, younger, or seem to only want to be so.  Dating websites are no longer for the young and hopeful; no, they are for the old and retired, and capturing youth is the mainstay of today’s cultural focus.

Perhaps there is nothing wrong with the compulsion of striving towards capturing youth; and whether the cosmetic products advertised or the need to “stay young” in order to enjoy life to its “fullest” (whatever that means), capturing youth is the favorite pastime of everyone everywhere nowadays.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, the desire to “capture youth” has a slight twist – for, it is not just the want or motivation to harken back to a “time before” when one was young and carefree; rather, it is a need to capture those days when health was taken for granted and movement free of pain or inner turmoil was the daily routine that needed no greater thought.

Health is a blessing, but we don’t know it until it deteriorates; and medical conditions are a curse, and we just don’t think about it until the time is upon us to consider the future.

Filing an effective Federal Disability Retirement application, through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, may not ultimately accomplish the goal of capturing youth, and thus may not be of much concern to those “watching you”, but for the unique individual that is the “you” in the privacy of your home and inner reflections, it may be a first step towards securing a future that has become the darker secrets of fear and loathing.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Employees: Content

What do we mean when we distinguish between “content” as opposed to “context”?  Are the two always distinguishable, and if so, are there any features or characteristics that make inseparability a potential difficulty?

We have all heard the famous phrase from King’s speech about being judged by the “content” of one’s character, as opposed to the “color” of one’s skin – a deviation of sorts from the more customary reference to the distinction made between appearance and reality, form versus substance, or even of spiritual versus material (although, as to the latter, one will often hear the metaphysical argument that it is the spiritual which is the “real” reality, and that the material is merely that fleeting, temporal existence that lasts for only a limited time).

Can the two truly be separated so cleanly as to allow for harmless independence – or, like the Siamese twins that share a vital organ, would any attempt necessarily devastate both?  For, isn’t it the very appearance of a thing that attracts and allows for an investigation further into the inner depths of the thing attracted towards?  Doesn’t context always matter when looking into the content of a thing, whether it is an incident, a conversation or a person of whom one is interested in committing to for a lifetime of relational considerations?

We often like to make such grandiose claims of bifurcating distinctions, when in fact the reality of the matter is that both are needed in order to complete the picture of the whole.

One may argue, of course, that content nevertheless is “more important” than context, or that substance by definition is of greater consequence than appearance, and by fiat of ascribed significance, one often argues that the former is necessary but perhaps not sufficient without the latter, whereas the latter is not unnecessary, but nevertheless cannot be made without unless one wants to walk about through life with a missing leg or a part of one’s soul left behind.

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, always remember that – in preparing the SF 3112A, Applicant’s Statement of Disability – the U.S. Office of Personnel Management is looking for both content and context, and thus must one always be wary and cautious about the implementation of both.

SF 3112A is a trick form.  The questions seem simple enough, but what is put in there; the legal consequences of what medical conditions are included; the result of failing to include certain other conditions that may later be of greater consequence; these, and many more pitfalls, obstacles and unknown legal impact that may or may not be made aware of – well, OPM is not going to tell you beforehand, or help you out, and will indeed judge the Federal Disability Retirement application based upon the content of what is included, and not by the “color” of contextually missing information.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Observing Dogs

They belie conformity of thought, though they are willing to obey and follow strict adherence to rules and commands; and while “experts” in clothing of meandering letters, capitalized after the patronymic lineage displayed proudly as designators of validity and knowledge, may conclude that they neither smile, nor exhibit greater intelligence than primates deemed closer to our ancestral genetic heritage, what constitutes a test of possessing such a quotient is often irrelevant to defining the species.

They can defy; they can doubt, and be suspicious; anticipate by mere thought or look; and know the scent of danger from miles afar, long before any human capacity to fathom such instinctive acuity.  We think we are the great observatories of behavior and time; but dogs can as well decipher with watchful eyes, and smell the aroma of turmoil and disease, oftentimes long before a diagnostic tool can determine the course of future treatment.

We can learn much from observing dogs; for, while we may marvel at the obedience displayed, we mistake such adherence to commands as mere acts of automatons, as opposed to the want to please and the love they possess.  And how much of one’s life is characterized by a need to please, even when it is refused and countermanded with cruelty and crass contempt?

For Federal employees and U.S. Postal workers who continue to remain in a Federal or Postal job, despite all indicators from their bodies, minds and spirits to leave for the sake of health, is it any different than the observations gleaned from dogs who obey despite the cruelty of a contemptible master?

It is like the famous quote from Hemingway, that in modern warfare, a man will “die like a dog for no good reason.”  Sometimes, obedience and adherence is nothing more complicated than a desire to please, and to “stay the course” because no other way is known or shown.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is no different than the curse of the cur; and while we may applaud our own superiority by making grand conclusions based upon observing dogs and other creatures, the wonder of it is what those observing dogs must consider of our own plight, as fellow mongrels in a universe replete with stupid cruelty.

Sincerely,

Robert R. McGill, Esquire 
Federal Disability Retirement Lawyer

   

Federal Employee Disability Retirement: The Lore of Yesteryear

The past is often the attraction of selective memories, the passion of antiseptically expunged yearnings, and represent less about factual accuracy than emotions bound to images.

With modern technology, mixed with the relative value of truth and the abandonment of universal principles transcending beyond time and cultural norms, the obsession with oral tradition and a clinging to unnamed tombs of yesteryear, when causes were worth fighting for, a handshake meant the seal of a deal without a follow-up fax or an email confirmation; and when people didn’t check the labels of food ingredients to verify MSG, GMO or other terrifying acronyms which undermine the palate and appetite; those were the days gone by, and the yearning that defines the embellishment of heroism as each day marches in the timelessness of forgotten marshes of mindful embrace.

Time was…but then, we pause, and realize that it is the “now” and the “today” which must be faced.  Reminiscences are good for the soul, but rarely profitable for the pocketbook.  For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition (whether physical, psychiatric, or an intersecting compilation and aggregate of both) prevents the Federal or Postal employee under FERS or CSRS from performing one or more of the essential elements of one’s Federal or Postal positional duties, the attraction of the lore of yesteryear will often grow exponentially in parallel form as the medical condition progressively deteriorates.

That is because the convergence of present pain and the increasingly selective memories of past freedom from pain, extends to a future yearning for a time of quietude and peace where the medical condition has resolved itself and the body, mind and spirit can be free of the confinement of the debilitating medical condition.  That is a natural reaction of the human essence to be free.  But in order to do that, affirmative steps must be taken.  Life just doesn’t happen.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is just such an affirmative step.  One cannot continue to cling to a fading past, and expect that the present will get any better, or that the future will result in greater peace and tranquility.  The future is now; the present is something to be acted upon; and the Lore of Yesteryear must be replaced with a growing sense of urgency to embrace memories not of fading photographs of unidentified tombstones of yore, but of living and vibrant experiences today encountered, to be savored for future generations.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Early Medical Retirement: Sleep Disorders

Sleep disorders; non-restorative sleep; Sleep Apnea; Sleep dysfunctions; altogether, they can cumulatively comprise distinguishable medical disorders, but often are lumped together, and can encapsulate differing and almost opposite conditions, including idiopathic hypersomnia, major hypersomnolence disorder, insomnia, narcolepsy, and similar medical disabilities.  Often, the effects and symptoms are the major issues, resulting in profound and intractable fatigue; inability to focus or concentrate; lack of mental acuity, etc.

For Federal employees and U.S. Postal workers who suffer from various sleep disorders and varying severity of such sleep dysfunctions, the impact can be severe and palpable.  Whether in a sedentary, cognitive-intensive position where mental acuity and focus, concentration and attention to detail are impacted; or in “safety-related” work where reliance upon full awareness, wakefulness and perceptual judgment of one’s surroundings are critical; sleep disorders can have a direct and negative impact upon the Federal or Postal worker’s ability and capacity to perform all of the essential elements of the positional requirements.

Such sleep dysfunctions and sleep disorders are viable medical conditions which form a foundational basis for a Federal Disability Retirement application, submitted through the U.S. Office of Personnel Management, whether the Federal employee or the U.S. Postal worker is under FERS, CSRS or CSRS Offset.

In past ages, people used to merely associate and dismiss daytime somnolence as mere “laziness” and lack of willpower; fortunately, we now know better, and such knowledge is reflective of a small but incremental advancement in human progression, which is always an amazing feat in this cesspool of ignorance we deem as civilization.

Sincerely,

Robert R. McGill, Esquire 
OPM Disability Retirement Lawyer