Federal Disability Retirement: Logical Consistency

For even the general population, it used to be that “logical consistency” mattered.  To be “inconsistent” showed a semblance of unreliability, and even of suspicion of truthfulness.  The difference between mere “consistency” as opposed to “logical consistency” is one that demarcates between living a life based upon principles and holding contrary opinions simultaneously.

Thus, a person may live inconsistently — a pastor who preaches fidelity to marriage but is himself a philanderer — but live with great logical consistency in expounding upon his theological belief-system.

In argumentation, the “weak link” is both the logic of the statements posed as well as the consistency of opinions held.  In a Federal Disability Retirement case, “logical consistency” is based upon the appropriateness of the statements made, the medical conditions asserted and the laws which apply in order to meet the legal criteria to become eligible for Federal Disability Retirement benefits.

Mere “consistency” is not enough — i.e., to have health condition, to be unable to perform one or more of the essential elements of one’s job, to be in chronic pain, etc. “Consistency” may get you a step closer to an approval from OPM, but it is “Logical Consistency” — the arguments made, the evidence produced and submitted and the requirements met in a Federal or Postal Disability Retirement case — which will cross over into an approval for Federal Disability Retirement.

Consult with a FERS Attorney who specializes in Federal Disability Retirement Law, lest consistency alone fails to get you far enough and logical consistency awakens the slumber that results in an approval from OPM.

Sincerely,

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

 

OPM Disability Retirement under FERS: Subjectivity

The “aim” of Western Thought has always been to gain credibility — of attaining to Eternal Truths and Universalities.  In a dinner conversation, the quickest way to denigrate someone’s opinion or viewpoint is to merely say, “Yes, but what you have said is merely subjective; it has no objective basis in fact”.

In a previous epoch, John Adams is attributed to having said that objective facts “are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence.”  He was making the distinction between the subjective world and the objective universe, and placing greater weight upon the latter.

In modernity, such a statement has lost some of its luster, if not its very essence of relevance, because we live in a post-factual world where objective facts do not hold such an esteemed status, anymore.  And yet…. Even in this world, there are somehow the remnants of elevated claims to greater significance, if something is “objectively” factual, as opposed to subjectively stated.

There is always the implication and inference that when something is deemed “subjective”, and purely so, that it is somehow concocted, imagined, “made-up” — like the child who believes that he/she is a master chef of world renown, when in fact the kitchen set-up in front of him/her is a toy kitchenette made of plastic and wood.

For Federal employees and U.S. Postal workers who suffer from an illness or disability and who need to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management under FERS, OPM systematically will make deriding and denigrating statements when it comes to “subjective” statements — of psychiatric symptoms, of chronic pain, of profound fatigue, etc.

They will say: “There is no objective verification of your X”.  Really?  Pain is subjective by its very definition; and so are psychiatric symptoms of depression, panic attacks, insomnia, nightmares, feeling sad, etc. How to counter it?  The good news is that the law is on the side of the Federal Disability Retirement applicant.

Contact a FERS Disability Lawyer who specializes in Federal Disability Retirement Law, and let not the unlawful tag of “subjectivity” defeat an otherwise valid Federal employee’s OPM Disability Retirement Application under the FERS system.

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 Medical Retirement: Not for Public Viewing

Whether such a statement or declaration is actually applicable today is questionable.  For, is anything left to the privacy of one’s insular imagination, anymore?  Everyone bares all — of private, intimate details; of private parts, private affairs, private moments, private thoughts; no matter, just post it onto social mediums and allow everyone into your bedroom.

Private “gentleman’s clubs” often had rooms “not for public viewing”, and in stodgy buildings hidden away with a grim-faced doorkeeper ready to bar your entrance, one learned that nothing actually of a salacious manner (or matter) occurred behind those heavy brass doors, but merely old men who wanted to smoke a cigar and read the financial papers in peace.

Medical conditions are the exception.  They are the issues not for public viewing, and that remains somewhat valid today.  For, of the privacy which we all cherish and attempt to protect, our medical conditions remain at the top of the list.

For Federal employees and U.S. Postal workers who suffer from a health condition such that the health condition prevents the Federal or Postal employee from performing one or more of the basic elements of one’s Federal or Postal job, maintaining one’s privacy in the face of preparing and submitting an effective disability retirement application may be a priority, but one which must be balanced between the voluntary submittal of a FERS Federal Disability Retirement application and the need to protect such sensitive information in preparing, formulating and filing an effective Federal Disability Retirement application to a large, faceless bureaucracy such as the U.S. Office of Personnel Management.

Contact a Federal Attorney who specializes in OPM Disability Retirement Law and see whether or not preparing, formulating and filing an effective Federal or Postal Service Disability Retirement application under the current Federal Employees Retirement System (FERS), to be submitted to the U.S. Office of Personnel Management, can be accomplished — to the extent possible — while protecting that which is Not for Public Viewing.

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.

 

Disability Retirement from Federal Gov. Employment: The Viable Argument

In this postmodern era, is there such a thing?  What was once illogical — or, even worse, absurd — is now considered an acceptable and viable argument.

Logical fallacies are accepted; non-sequiturs are fully embraced; whether or not the “middle term” is carried over from the major premise to the minor is irrelevant; and “just because” is nowhere blinked at, as the final conclusion to every argument these days is that “everyone is entitled to his or her opinion” and it matters not whether specific facts undermine a viewpoint expressed.

Thus, does it even make a difference whether or not an argument is “viable” enough?

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management under FERS, an argument used in attempting to persuade OPM to approve your Federal Disability Retirement application is one which must appeal to the Statute, the Regulations, or to MSPB and/or Federal Circuit Court of Appeals Case-Law precedents.

Yes, there is still a distinction between an irrelevant, weak and inconsequential argument, and a viable one.  The viable argument is one based upon facts, the law, and an irrefutable delineation logical fortitude.  In order to make the viable argument, contact an OPM Disability Attorney who specializes in Federal Medical Retirement 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.

 

FERS Disability Retirement: Life as a Series of Problems

There are television series; of “mini-series”; of a series of movie episodes once popularity of the first viewing has established the call for a following.

In television and theatrical drama, there has to be an opportunity for “character development” — of getting to “know” a person, of seeing him or her in various contexts in order to determine “who” a person is by what they do, how they react and the very essence of their belief-systems.  Rarely is a play, a story or a novel of any interest when it involves a person or multiple individuals sitting around expounding upon their beliefs or “principles” of life, and why is that?  Is it because a person who talks without being tested can offer nothing more than the sound of air?

The movie of life always presents us with a series of problems; that is what makes a good story, of course — of conflicts, their resolution; the way in which individuals are “tested”, and not merely by hypothetical presentations of analytical problem-solving gestures.

Medical conditions — whether later in life or occurring earlier— always present a challenge that tests a person in so many ways, precisely because medical issues hit at the core of everything about a person: How we see ourselves; what we are able to do; where we go and seek guidance and counsel; and all of the multitude of reverberating effects upon so many varied aspects of our lives.

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, filing a Federal Disability Retirement application under FERS is just one of life’s series of problems.

It is never a guarantee; it is never a “sure thing”; and as OPM appears to be denying more FERS Disability Retirement cases under this Administration than ever before, it is important to prepare and formulate a plan for a Federal Disability Retirement application and to recognize it as another slice of life’s problems in a series of such problems.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement from OPM: Ruminations on the past

Whether one does X is often of little significance; “Why” it is done, and to what extent, is quite another matter.  The past – whether of long ago, beyond the time of memory holding presently or of history being read about, or the past of one’s own kept in sequestered moments of reflective thought and in photographs carefully guarded and encased within a protective album of shelved remembrances – is a time behind; the future, an angst-filled uncertainty few of us look forward to.

It is the present, and how we treat it, spend it, work it and waist it away or labor furiously to appear “productive” about; and then, there are ruminations on the past.

That is where the “why” and the constant obsessions begin to overwhelm – of what we could have done differently, where we “went wrong” and what lessons can be gleaned for today.  Ruminating on the past is a favorite pastime for many; but when it begins to destroy the future by robbing from the present, it is time to set aside such wasted efforts and begin to focus more upon one’s current situation in order to prepare for the future.

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 time to set aside ruminations on the past is “now”.

Preparing a Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, takes up a significant amount of time, effort and required focus upon gathering the necessary information, presenting the compelling facts and establishing the legal nexus between the medical conditions and the essential elements of one’s Federal or Postal position.

In doing so, ruminations on the past need to be suspended; angst-ridden obsessions about the future will need to be ignored; and only the “present” focus will become the necessary standard.  Ruminations on the past can come about sometime in the future; it is the present concern about past events that will be significant in securing one’s future by preparing, formulating and filing an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

OPM Retirement for Mental or Physical Incapacity: Dreams quashed

It has a ring of finality to it, a tone of termination, a quake of unequivocal endings; to extinguish, to suppress or to stamp out; it is often used as an example of some authoritative juggernaut putting down and out a rebellion by some wayward bandits; and so when it is conjoined and combined with another word – one that denotes hope for the future, a flicker of light for something positive – that has a positive connotation, it becomes an oxymoron of sorts, or a compound concept that cancels out one another.

The first word allows for a future hope and anticipation of things yet to come; the second, a denial of the first, a negation of that which one lives for.  Dreams quashed is an admission of defeat where once victory was in hand; a resignation to the reality where warmth of hope yet remained; and a bowing to a reality where the subjective universe perhaps allowed for thoughts beyond that which the objective world would dictate.

The compound concept of dreams quashed, when applied to a young soul just starting out in life, is perhaps a tragedy; as one gets older and reaches towards the dusk of life, or of the old man in a rocking chair rocking the finals days of breath away into the sunset, perhaps less so.  Yet, for everyone, whether young, old or in-between, dreams constitute the fiber of life’s worth, the filament that connects between despair and a will to move forward.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to prevent, impede and block the ability and capacity to perform all of the essential elements of the Federal or Postal position, the recognition that a career may be coming to an end, and anticipation of that “dream job” one finally obtained after college, and the realization that the camaraderie of working on a team, of having a unified purpose and a singular mission that always moved towards the future, to fulfill mini-dreams and projects that leaped into the beyond such that tomorrow was worth living and the next day was an anticipated victory of some proportions, perhaps microscopically relative to the greater universe, but nonetheless a platform that reflected upon one’s self-worth; these constitute those very “dreams” that appear to be in danger of being “quashed”.

Sometimes, however, the dreams of yesteryear need to be adjusted, such that it is not truly a quashing, but merely a modification.

Federal Disability Retirement is a recognition not of a dream quashed, but of a priority realized – that health is not always a given in life, and that which we took for granted was never to be freely accepted, but a gift received by a token of one’s sense of mortality.  Dreams quashed are merely hopes deceived, and preparing an effective Federal Disability Retirement application, whether the applicant is under FERS, CSRS or CSRS Offset, is to merely delay the inevitability of another dream revived but perhaps left forgotten in the rush to make a living.

Sincerely,

Robert R. McGill, Esquire

 

Federal Medical Retirement under FERS & CSRS: Does reading alter?

Of course, we teach our kids to believe that it does, thinking that education is the all-important focus for future endeavors and successful careers.  And yet, the statistical studies show a consistency of denial – after schooling, whether of high school, college or beyond, the majority of individuals stop reading, unless you include road signs, directions on the back of packages (which most people disregard as well – come to think of it, of road signs, too), and the fine print on warranties (ibid).

So, is it just one of those pithy, inane phrases that fall under the general umbrella of, “Do as I say, not as I do”?  Does reading alter?  Alter what?  And does it matter “what” we read, as opposed to the act involved, “that we read”?  Would it bother someone if you saw a grown-up reading those old “Spot” books, or a collection of nursery rhymes?

If you approached the individual, or engaged in common banter at the workplace and made fun of him or her, would it make a difference depending upon the responses given?  What if the old gentleman responded with, “Well, at least I’m reading something!”  Or, what if the person turns seriously, sheds a few tears and admitted, “I never had time to read as a child, and never really learned.  I’m trying to better myself and teaching myself to read, now.”

Would such a confession instead garner a new perspective and bring out an empathetic reaction?  Or, what if that same person was seen reading a 1st grade book one day, and then tackling a complex manual about advanced logic or neuroscience – would that make you pause?

Perhaps the question itself is considered by most as rather rhetorical and irrelevant; that, it is presumed that reading does alter, but many prefer not to change and instead to remain in the constancy of monotony and repetitive stillness.  Just as the flow of a river results in erosion and soil shifting, so reading does indeed alter, and out encountering with the mind-bending activity results in the internal modification and modulation of complex biochemical structures.

Thus, for Federal employees and U.S. Postal workers who are considering preparing a Federal Disability Retirement application, it is important to read the questions posed in each of the Standard Forms in preparing a Federal Disability Retirement packet, precisely because it will alter not only the responses being prepared, but how those very responses will serve to result in a successful outcome.

Just as reading alters, so the responses to the questions read, to be read by an Administrative Specialist at the U.S. Office of Personnel Management, is also meant to alter.  For, change is the mainstay of a living entity, and reading is that tool which is meant to alter, even when preparing, formulating and filing a Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Sincerely,

Robert R. McGill, Esquire

 

Separation from Federal Employment due to Disabling Conditions: The Cost of Human Detritus

Whether used metaphorically or in stark linguistic pragmatism but described with a shroud of nicety cloaked by innuendo and oblique allusion, the aggregate of detritus produced and scattered is daunting when calculated by daily volume, multiplied by the current population, and exponentially projected in terms of a mere decade or two.  But waste or debris can take on many forms, including a reference to loss of potential, shattered emotional and psychological constructs destroyed by garbage left in the wounds of a child harmed.

Human detritus is the compilation of all of the garbage gathered by society, whether of abandoned towns and provinces left hollow and uninhabitable because of the ravages of war, or the production of things used and discarded for daily convenience; and in metaphorical terms, of the skeletons of men and women shed of the substance of form and character because of the treatment weathered on the shores of indecency.

Gather up the cumulative aggregate of human detritus having occupied this planet, both in terms of physical objects and the wounding shards of deliberating projectiles intent upon destruction and devastation, and we have a daunting sense of who we are, what we stand for, and where we are headed.  Waste and debris; in the end, will those two words describe the sum total of what we have contributed to the world around us?  What is the algorithm, or methodological approach, in determining that conclusion of accomplishments at the end of our lives?  Is it determined in terms of how many neighbors and friends we destroyed, or of whom we bamboozled?

For Federal employees and U.S. Postal workers who seek to file for Federal Disability Retirement benefits out of necessity of circumstances, it often appears that the answer to the previous question is found in the extent and unlimited character of cruelty found in the essence of humankind.  Harassment, workplace stress and intolerance of less productivity discovered in the Federal or Postal worker who suffers from a medical condition, are merely further indicia of the eternal bewilderment we discover concerning human invective.

Accommodation of one’s medical condition is rarely found; an exponential rise in human passivity and loss of empathetic response has become the norm; and because there is no other exit, 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 the alternative of choice, and understandably so.

For, in the end, the cost of human detritus resides not in the workplace which we left, or the placards promised but discarded in the hidden closets of dusty psyches; rather, the cost is counted by the scars hidden when actions known to benefit remain mere thoughts of procrastinated dreams, like the warm breath of gods and angel’s wings fluttering in the timeless eternity of last year’s wishes.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The U.S. Department of Health & Human Sacrifice

Does modernity reflect progress?  And, more to the point, by whose definition do we apply the standard of “progress”?  Does mere movement or change constitute advancement, or do we fool ourselves by the proverbial content of shuffling the chairs on the deck of a sinking ship?  Each generation believes fervently that the previous one represents an archaic mode of static thought and stale fashions, and that youth itself somehow supersedes the necessity for any generational transfer of wisdom or insight.

In former times, certain societies would offer the best and the beautiful as human sacrifice to the gods of fate, in order to please, appease and gain favor.  In current times, we do the same, but cheat the gods by offering less than the healthy ones, and instead give to the winds of fate the decrepit, deteriorating and destroyed individuals who no longer contribute fully to society, thinking that by shedding ourselves of the rabble and remains of shorn vestiture, the favor of formidable fate will be attained for future payment in place of delayed gratification.  Why is it that health and human sacrifice have become terms of mutual exclusivity?

For Federal employees and U.S. Postal workers, the Department of Health and Human Sacrifice has become the largest entity of bureaucratic morass, employing more people than all other agencies combined.  It is the place where “health” is disregarded, and while lip service is paid to “accommodations” and those with disabilities, the reality of it is that such Federal and Postal workers are thrown down over the cliff as fodder for human sacrifice.

Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition no longer allows for fully embracing all of the essential elements of the positional duties required by the Federal agency or the U.S. Postal Service, know well that the Department of Health and Human Sacrifice exists for them.  Whether under FERS, CSRS or CSRS Offset, the relegation to this last bastion for infidels is the secret of modernity, kept in whispers where corridors of power and privacy prevail before being pushed down the chute of despair.

The only escape from such fated sacrifice is neither a replacement lamb nor a plan of refuge, but to prepare, formulate and file for an effective Federal Disability Retirement application through the U.S. Office of Personnel Management.  For, the Department of Health & Human Sacrifice was created under the guise of protecting the general public, when in fact its very existence is to advance the horrors as told by a generation of Orwellian drones; but, then, that is from a previous generation no longer relevant to current residents of modernity.

Sincerely,

Robert R. McGill, Esquire