Federal Disability Retirement: Righting the Mistakes

Some have posited that we actually need 2 lifetimes: One for living, and another for righting the mistakes made in the first lifetime.  Then, a “Mark-Twain humorist” once quipped that, No, human beings need at least 3 lives — the first to live; the second to right the mistakes of the first; and another to do all of the things we always wanted to do but didn’t get a chance to because we were too busy worrying about it.

Life, indeed, is a series of regrets, and most of us still have consciences such that we worry and ruminate about the mistakes we made; how we go about “righting” those mistakes; and finally, on our deathbeds, to simply cry out for forgiveness because the weight of our past is too much to bear.  We can spend most, if not almost all, of our lives trying to correct the errors of our error-filled past; and, if not that, to worry about it.  Often, we don’t even know that we are making the mistakes until it is too late, or until that moment of revelation when we say to ourselves — How did I get myself into this mess?

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, it is important to try and file an effective and — as much as possible — an error-free Federal Disability Retirement application.  There is much to be worried about in filing a Federal Disability Retirement application: the complexity of the process itself; the legal hurdles which must be overcome; the bureaucratic morass that must be fought.

Consult with an attorney who specializes in Federal Disability Retirement Law and try and avoid the mistakes at the outset. In Federal Disability Retirement, you surely do not want to spend your “second life” righting the mistakes of your first life.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Law: The Chasm between Reality and The Law

Non-lawyers will often read “The Law” and expect that reality will conform to the language as it is stated.  That is actually a good sign, in that the expectation of the layperson is that respect for the law will necessarily result in compliance with its dictates.  But language is malleable.  It is subject to interpretation, and that is the field of play which allows for elasticity and the chasm which develops between Reality and The Law.

There are, first and foremost, “The Facts” — and whether or not “The Law” applies to a particular set of facts.  Then, from that application of facts-to-law is the further problem of deciding its significance and relevance, and whether or not there are other contravening facts or opposing case-law or statutory citations which may also impact the direct argument of sound legal analysis.  Then, of course, there can be the further difficulty of people, companies, entities and agencies which completely ignore the law and, more recently, of creating one’s own set of “alternative facts”.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition has begun to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, it is important to apply “The Law” precisely, relevantly and comprehensively.

More recent cases of a precedent-setting nature may have altered the meaning of statutory interpretation in a subtle, more favorable manner, and thus is it important to consult with an an experienced attorney who specializes in Federal Disability Retirement Law in order to obtain the greater benefit in evaluating your case, lest the chasm between Reality and The Law be so great as to defeat one’s own attempt within a greater pool of lacking the proper knowledge in applying the law to your particular set of facts.

Sincerely,

Robert R. McGill, Esquire

 

FERS Medical Retirement: The Dystopian Perspective

Books from all ages depict such a view: The classic one, of course, is Orwell’s 1984; or of Bradbury’s Fahrenheit 451; but more recently, of Atwood’s The Handmaid’s Tale, and even more recently of Ogawa’s, The Memory Police. They all possess a thread of commonality: Of a society both frightening and oppressive, based upon human fears and the insecurity wrought by where we are going, the trends of modernity which succumb to believability, and the suspicion that such dystopian consequences are actually possible.

Orwell was wrong, of course — Big Brother did not have to forcibly place tele-screens into people’s homes; instead, each of us volunteered to go out and purchase such spying screens, and with our own hard-earned money in the form of Smartphones, televisions and laptops.  And while no one comes and burns our books, we have effectively accomplished such a misdeed by slowly and incrementally converting them all into digital devices, thus ensuring that we won’t actually know whether the published content of a book is what was originally intended; for, he who controls the digital device has ultimate control over its content, whereas a book published in its original form cannot be altered except by forcible means.

As for Atwood’s theme and Ogawa’s portrayal of the world — they deal with the two aspects of a life in a frightening way: Of the subjugation of the body (The Handmaid’s Tale) and of controlling the mind (The Memory Police).  All are fictional works; yet, somehow we can “relate” to the stories being told. How is that? Is it because we have a dystopian perspective already prepared within us by society’s callous conduct?

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 his or her Federal or Postal job, the Dystopian Perspective is a very familiar one.  For, being ostracized; being condemned; being harassed and being subjected to unfair treatment — it all comes in a bundle once you can no longer “perform” at the level expected by the Federal Agency or the Postal Service.

When that Dystopian Perspective becomes unbearable, then it is time to consider preparing, formulating and filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management.  And, while the Dystopian Perspective may not turn into an Utopian Reality, it is far better than the subjugation of the human mind and body that gets increasingly worse under Big Brother’s eye.

Sincerely,

Robert R. McGill, Esquire

 

OPM Federal Disability Retirement under FERS: Not as Before

Before what?  That is the natural response.  We tend to bifurcate our lives into segments which are palatable and comprehensible; of a time before X happened, and then our present existence after X; before we had children, and after; before we became married, and after; before some traumatic incident, and sometime thereafter, etc.  The present “I” is never the same as “before”, and one could even say that truthfully about every minute, every hour and every millisecond of a distinction between the “I” in the current state and the “I” of a past state of being.

Whether on a physical, cellular level where genetic structures alter and decay even by the minute; or on a cognitive level where new information, additional data is being processed by our brains every moment of our lives.  We are not as before; we are constantly changing; and like the river which Heraclitus identified an analogy for human existence, so the vicissitudes of the world surrounding impacts us daily such that we are not as before.

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 job, the likely bifurcating event is the medical condition itself.  No, you may not be the same as before, and it is that identifiable change which forms the basis for eligibility of a Federal Disability Retirement benefit under FERS.

Consult with an attorney who specializes in Federal Disability Retirement Law and consider applying for Federal Disability Retirement benefits; for, not only are you not as before, but likewise, your Federal Agency or the Postal facility are viewing your work and future not as before, as well.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement for Federal & Postal Workers: Meaninglessness

Without the second added suffix, it remains an adjective; with the addition of the second suffix, it becomes an abstract noun denoting quality and state of being.  The combination of the duality if suffixes, altering it from an adjective qualifying a noun (as in, “This meaningless activity”) into an abstract noun standing alone (as in, “The meaninglessness was evident in the manner he lived”) makes for an interesting conceptual construct.

It is, indeed, a word which describes a state of being — both the quality as well as the “kind” of.  It also denotes something else: that, at some time prior, both suffixes were absent, leaving the root of the word and the core of its origins intact — that of “meaning”.  It is thus a word which describes both a state “before” and a condition “after”, of once having had it, then losing it, then becoming a state of perpetual loss.

It is, in the end, the “state” of being which becomes of concern.  For, left as an adjective, one can argue that it is merely a temporary mode of being, as in: “The meaningless endeavor he engaged in was to merely get him through the day.”  However, when the second suffix is added and the root word alternates from becoming an adjective into an abstract noun, the denotation of becoming a permanent construct of eternal loss becomes ever more problematic.

So, as life mirrors language, and language expresses our inner state of thoughts, it is not only the meaning of words which becomes important but, moreover, the way in which we actually live.  Meaninglessness, as a way in which we live, becomes ever more pronounced when our health deteriorates.

For Federal and Postal workers who suffer from a medical condition such that the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of ones Federal or Postal job, the problem of “meaning” and “meaningless”, as well as “meaninglessness” becomes ever more pronounced.  As one’s health deteriorates, and as work becomes a greater struggle, so the once-meaningful career becomes a greater burden and begins to gnaw at the root of one’s existence.

While Federal Disability Retirement may not be the answer to all of life’s difficulties, it allows for a Federal or Postal worker to re-focus one’s priorities in life and turn one’s attention back to the basics — that of health and meaning. Consult with a FERS Attorney who specializes in Federal Disability Retirement Law to discuss the particulars of your case, and begin to discard the suffixes which drag you down.

Sincerely,

Robert R. McGill, Esquire