Tag Archives: workmans comp federal influence in opm disability retirement

FERS Medical Disability Retirement: Ostensibly

It is a funny word, in many respects; for, it presumes and assumes what may not actually be the case.  The word, “Ostensibly”, is used to describe that which is apparently so, or purportedly assumed, but may not actually be so.

Thus, one might say of an individual who is wearing clothes appearing to suggest that he or she works in a blue-collar job, and perhaps wears a tool-belt which suggests and confirms him/her to be such, that “he is ostensibly a carpenter”.  How does the adverb qualify the noun?   Because we don’t actually know, do we?

By his appearance and the fact that the individual carries around a tool belt which contains, perhaps, a saw, a hammer, a nail gun and other pertinent and revealing instruments indicating what a carpenter would require, we make an assumption that he is “ostensibly” a carpenter.

Now, it would be strange if you were to ask the individual what his profession was, and he confirmed that yes, he was a carpenter, then to state to a friend later on that “Joe is ostensibly a carpenter”, because if you have confirmed that the person “Joe” in reality is a carpenter and there is no longer an assumption, then to apply the word “ostensibly” would be rather odd — unless, of course, you thought that he was lying and that he only wore the tool belt to fool you, or was a half-wit who was engaging in “make believe” that he was a carpenter, etc.

In other contexts, the term “ostensibly” often applies, as well — as when the U.S. Office of Personnel Management denies a Federal Disability Retirement case and makes a multitude of arguments which, in the end, implies that you are merely “ostensibly” disabled (although they will never use the word itself).

For, what OPM is saying in a Federal Disability Retirement case under FERS in denying the Federal employee’s application for Federal or Postal Disability Retirement benefits, is that while you may allege to be disabled or unable to perform one or more of the essential elements of your job, you are actually not disabled.

If that happens, you will need to contact a disability attorney who specializes in Federal Disability Retirement Law; for, you will need more than an attorney who “ostensibly” does Federal Disability Retirement Law — rather, one who is, in reality and in fact, an attorney who specializes in it.

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: Ordinariness

That is what most of us are; but at the very beginning, should it be acknowledged, or is it better to puff up the ego when young, and allow for one to engage in the self-delusion of “otherwise”?

There is some comfort to it; yet, we all like to stand out from the rest of the crowd, and certainly, when trying to win the heart of a life-partner (yes, the term used in modernity, as opposed to the antiquated ones such as “spouse”, “husband”, “wife”, etc.), we strive to not be tagged with such a mundane label.  To be “ordinary” is to not be extraordinary.  But therein lies the comfort — of the warmth of being amongst others; as the sheep surrounded by the flock and not the loner out in the pasture, the sure target of wolves and other predatory eyes.

Moreover, when life takes a negative turn, no one wants anything but the yearning for ordinariness.  It is when we equate ordinariness with mediocrity that the sin of self-flagellation sets in.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that filing for Federal Disability Retirement benefits under FERS becomes a necessity, “ordinariness” is something you yearn for — to live the ordinary life without a medical condition; to continue your career in the Federal government; these, and much more, constitute the extraordinary life of the ordinary.

It is all a matter of perspective.  And so there it is: For most of us, being ordinary merely means that we accept our station in life; for in the end, it is the ordinary which runs the engine of society, and even though the Lamborghini may zoom past us, we all get to the same destination no matter in which car — the ordinary or the extraordinary.

Contact a FERS Attorney who specializes in Federal Disability Retirement Law and begin the process of embracing ordinariness, which is the location to where we all want to return.

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 Employees Retirement System (FERS) Disability Retirement: What We Don’t Know

Age brings us closer to realizing the truth of Socrate’s refrain: That I really don’t know anything or, more to the point, much of anything.

Youth allows for brashness of arrogance; in middle age, perhaps some slight hesitancy; of getting older, one realizes the extent of or lack, and the vast knowledge which we will never be able to understand.  Most people “wing it” — in other words, act “as if” they have some knowledge, that they possess an “expertise” or some secret to an apparent success attained.

Social Media, Facebook, Instagram — these, of course, mask and hide the inadequacies behind the facade of competency.  Few people nowadays admit to an imperfection, a lack of, an ignorance for, etc.  Thus do we no longer have the Socratic Method where questions are peppered in order to reveal the disguised ignorance which most people walk about with.

But let’s be clear: What we don’t know can, in fact, hurt us, and to fail to acknowledge one’s lack of knowledge can have dire consequences.

For Federal employees and U.S. Postal Service employees who intend on filing for Federal Disability Retirement benefits under FERS, you should take the time to read the case-law which has developed and evolved over many decades, in order to at least understand the underlying issues which can complicate a Federal Disability Retirement application.

Or, contact a Federal lawyer who specializes in Federal Disability Retirement Law and let him inform you of what you don’t know.

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 for Federal & Postal Employees: The Port

It is the Roman Stoic, Seneca the Younger, who wrote that, “If a man knows not to which port he sails, no wind is favorable”.  It is, in the end, the essence of Stoicism — of living life without complaint and without being impacted by the hardships of the objective world, all the while clinging to a path of virtue unfettered by worldly concerns.  That is why the quote above — of the internal “self” in contrast to the metaphor of the objective world: the winds which guide the ships — encapsulates the essence of the philosophy of Stoicism.

In modernity, it matters little from whence the winds come, for we engineer our own direction through engines and mechanical devices which propel the marine vessel by the power of our own creation.  But of that time when ships relied exclusively upon the breath of gods that blew the winds which filled the sails — it was a time when we relied heavily upon the favor of fate and nature’s appeasement.  Yet, even today, whether by the propulsion of machines invented or reliance upon prayers of guidance, no wind is favorable until and unless a person knows where he or she wants to go.

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 his or her position, it is important to make a determination as to “where” one plans on going before determining the “how” of the approach.  If a medical condition has clearly begun to impact one’s ability and capacity to perform all of the essential elements of one’s Federal or Postal job, then where one must “go” becomes clearer: You cannot continue to stay at the job precisely because the medical condition prevents you from doing so; and so FERS Disability Retirement becomes the option by default.

The next question, then, is the “how”, as in — How does one get from point A to destination B?  Consult with an attorney to discuss the further particulars of your case; for, in the end, whether you believe in the philosophical tenets of Stoicism or not, once you realize the port to which you wish to sail, you need the favorable winds of counsel from an attorney who specializes in Federal Disability Retirement Law in order to help guide the sails of your journey.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The infinite we seek

What is it about the things which defy limit; endless and vast beyond our capacity to comprehend, and yet we cling to concepts that cannot possibly be embraced precisely because the finite cannot delimit the infinite; for, to do so is a contradiction in terms?  Does language capture the infinite?  By knowing its definition, is there anything beyond being able to cite the description of the concept?  Why is it that some concepts are denied comprehension even though we can, by rote memory or simply by looking it up on our Smartphone and regurgitating that which someone else has written, describe and delineate?

Say, for instance, a lay person asks a Cardiac Specialist what is involved in a heart transplant, and Doctor X explains to Information-Seeker-Y the process of how the body is opened up, the various veins, ventricles, etc., snipped here and severed there, and what the dangers are, the risks posed, etc.  At the end of the explanation, we somehow feel satisfied that we have been informed of a procedure which we have never experienced, likely never witnessed and certainly will never undertake — yet, we believe we “understand’ the process.

Similarly, can a blind man who can explain the complete process involved in flying a plane say that he “understands” it fully?  And what is the fine print involved in “fully” as opposed to “partially”?  Yet, if we give the definition of “the infinite” as involving X, Y and Z, and “fully” delineate and explain the conceptual apparatus that makes up our understanding of it, nevertheless, in the end we are allowed to say, “But no one really understands what the infinite is, because we are finite beings.”

That is partially the brilliance of Anselm’s Ontological argument — of defining the infinite as “That than which nothing greater can be thought of” — a jumble of confusing words which seemingly bifurcates the finite from the infinite, but juxtaposes them in an aggregation which makes it seem like it makes sense.  In the end, it is best to know one’s own limitations and, by doing that, at least we can possess the knowledge that humility leads to greater wisdom through finite means of grasping the infinite.

For Federal employees and U.S. Postal workers who recognize the enormity of the process of filing for Federal Disability Retirement benefits under FERS, through the U.S. Office of Personnel Management, it is best to understand that the “infinite” — as defined as that which is limitless, endless and beyond measurability — can be applied to a bureaucratic process that involves multiple layers of incomprehensible complexities.

The infinite is a conundrum; the Federal process of preparing, formulating and filing for Federal Disability Retirement benefits is analogous to the infinite.  As such, it is wise to seek the counsel and advise of someone who specializes in Federal Disability Retirement Law — of a being who is that than which nothing legally can be thought of (i.e., an attorney who exclusively handles only Federal Disability Retirement cases).

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Representation: The habit that prevents

Kant was known to have followed a daily habitual routine that was marked with such precision that townspeople would set their watches and clocks by his various points of presence — i.e., if he was by the butcher’s shop, it was 3:15:17; if at the corner of Kroenigsburg Street, 3:16:09; and when he turned the corner of 7th and Main, it was 3:20:12.

One wonders if, had he paused at a random street corner to sneeze, would time have stopped, the universe become paralyzed, and the gods of the underworld been defeated in paroxysms of trembling fright?  Or, had he broken the daily routine of predictable sequences of the uninterrupted sojourn, marked by the two-steps-tap-tap with the cane of his choice, over and over again — step, step, tap, tap; step, step, tap, tap — would anyone have noticed?

Certainly, the townspeople would; and perhaps his rigid philosophical outlook, his moral foundation of principles that forever retained the universality of truth — maybe rigidity may have faltered and we would all be the poorer for it.

Could his mind have expanded into other arenas of philosophical discourse had he traveled beyond and broken the habit that prevents?  Does one’s actions of daily monotony determine the “type” of mind, thoughts, conscious processes, cognitive approaches, etc., such that there are habits that limit, prevent, pause or otherwise freeze?

Habit is a peculiar trait for human beings; it offers both solace and a sense of security in the very regularity of its path, somewhat like the repetition of a musical stanza that is both anticipated and relished despite its very predictability.  It becomes a harmful dependency, however, when the habit that prevents begins to forestall, stunt and actively become an obstacle that restrains necessary growth.

For the Federal employee and U.S. Postal worker who suffers 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 may well be that the habit that once allowed for success — of being punctual; of overextending one’s capacity in order to accomplish the impossible; of having such a dedication to “the mission” that one’s own health was always secondary — while honorable and laudatory while it lasted, may be the habit that now prevents.

Prevents what?  Of seeking greater health, of changing course in order to set a different goal; of preparing, formulating and filing 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.

Sometimes, the habit that was once a positive trait becomes one that prevents, depending upon changing circumstances and altering contexts, and for the Federal or Postal employee needing to break the habit of always working for the “mission of the agency” or to complete all tasks for the Postal Service, preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with OPM, may be the best next habit that results in more than the monotony of a daily walk, but a step which breaks the routine of all prior steps in order to reach an important goal — one’s health.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Medical Retirement: Myths of our own making

What stories we carry within our own heads; the narrative of our own lives, as well as the intersecting conveyances brought by others; the web of linguistic larcenies borrowed, bought and sometimes sold, become who we are and the essence of our being within the world of our phenomenology of existence.  Sometimes, when a lie is told and the piece of puzzle will no longer fit into the greater collage of the manifold tapestry we carry about within our psyche, a rearrangement of sorts must occur.

Perhaps, we discovered, through correspondence and other confirming evidentiary apparatus otherwise irrefutable, that the uncle whose reputation as the moral compass of fidelity had fathered an illegitimate child (of course, such an anachronistic term no longer applies, as marriage no longer validates legitimacy or otherwise).  Perhaps, a meeting with this “family” of prior anonymity becomes a necessity, which then opens experiential doors to other discoveries and nuances of life’s misgivings.

The narrative of one’s life, the connections intertwined and the stories told, must like the piece of a jigsaw puzzle misplaced, be rearranged or otherwise left blank, like the echo of a plaintive voice in a soft hum heard through a mist of cackling geese.  Are secrets worth keeping, anymore?

In modernity, where technology allows for the melding of myth and maxim; where demarcations between the creation of self and the posting of what constitutes the presentation of that being identified as the person who declares to be such, is merely one button away from the virtual reality of a gemstone shining in the moonlit cavern of a secret cave where treasures hidden from pirates of yore flutter with the ghosts of dead seamen and spinning yarns of horrors untold; what we are in the essence of our being has been replaced by the talent to tell of who we are not.  And yet — truthfulness, veracity, validation of identity, and certitude of conduct; they all seem to remain as vestiges of a necessary universe.

The myths of our own making have always been so throughout the history of storytelling.  Today, it is merely more so because of the plenitude of everyone wanting to tell his or her tale, and of every detail most of us don’t want to know.

For Federal employees and U.S. Postal workers who suffer from medical conditions which prevent the Federal or Postal worker from performing one or more of the essential elements of one’s positional duties with the Federal agency or the U.S. Postal Service, a unique sense of duality must be conquered:  there is the need, on the one hand, to “tell all” in the form of SF 3112A, the Applicant’s Statement of Disability; and, yet, what must be revealed concerns the most “private” of one’s narrative — that of the medical condition and the impact of the medical condition upon one’s professional and private lives.

“Myths” are not merely of make-believe; they are the stories told in traditional societies in order to make a larger point.  Indeed, the myths of our own making may sometimes include the fears we hold onto, as well as the uninformed presumptions we grasp at in a bureaucratic process which is both complex and administratively difficult to maneuver through.  Sound advice from a legal expert in the area of Federal Disability Retirement law will help to dispel the myths unwarranted, as well as validate the maxims required.

In the end, the myths of our own making often reflect the haunting fears of experiences we encountered in those days when childhood memories cast their shadows upon the dungeons of our lives, and when trolls and gnomes suspected to reside in hidden crevices scratch at the doorways leading to the most private of our inner fears.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Employee Disability Retirement: The carousel of life

It is the easiest of analogies to ponder:  of a vision in the humdrum of circularity; different sizes, shapes, and images of artistry; of the choices we make and the alternatives offered; where we sit in life, of the approaches we take and the variable speed of the up and down motion; do we possess the fearless temerity to change midway from a lumbering, elephantine facade to the sleek and pathological ride of a cheetah?  Does the music have the concordant synchronicity such that it is neither an annoyance nor a distracting disturbance?  Or do we even take note of the loud cacophony of the blaring entourage, or merely as a backdrop to the excitement in the very ride we undertake?

Some recent intellectuals have argued that human beings comprehend their interaction, environment, place and significance in this world, only through the thought-process of analogical thinking; that the intersection of words, linguistic culpability and attachment of language games to encounters with the objective, impervious world of reality, becomes elevated to that Rorschach moment when the obfuscating inkblots of an objective universe otherwise indistinguishable from the insular parallelism of one’s own conceptual constructs suddenly explodes with insight and vigorous apprehension.

That was the problem with the nascent approach of existentialists; somehow, we all recognized that something was missing.  But instead of taking a right turn, that missing “something” took the wrong path down the corridors of Foucault and Derrida, and allowed for deconstruction to embrace the self-destructive charisma of nothingness.  How we understand the world; what we impart to it; the self-image of whence we came; and the walking pictures we carry about in the chasms of our psyche; they all matter, and the narrative of our lives become written the longer we survive in this anachronism called “life”.  We have become misfits in a virtual world of our own making.

The metaphors we establish within ourselves; the analogies we create to comprehend; the novel within each of us and the narrative of carefully chosen ideologies; all cumulatively define the essence of our being.  And thus as we ride the carousel of life, or watch ourselves ride from a distance, matters little to those who have decided to sit this round out; and yet, they, too — whether from afar or in a slumber of repose, must by necessity hear the music which plays regardless of whether one rides the circularity of the metaphor.

For Federal employees and U.S. Postal workers who suffer from a medical condition, of course, such an analogy can be a poignant reminder of the current state of turmoil.  Perhaps the analogy takes on greater significance if we posit a mechanical failure — of stoppage of the rhythmic ride, and where the music also blares a discordant trumpet of shattered symphonies screeching with discomfort down the sensitive eardrums of the bystanders.

Federal employees and U.S. Postal Service 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 the Federal or Postal positional duties, have a clear choice to make:  Stay on the broken carousel; get off and walk away with nothing; or, of greater benefit and reward, to prepare an effective Federal Disability Retirement application and submit it to the U.S. Office of Personnel Management.

If the Federal or Postal employee is under FERS, CSRS or CSRS Offset, and has the minimum years of service in order to become eligible, then it is time to consider that it is not the carousel of life that has broken, but merely failure of the operator to take into account the suitability of the particular vision with the individual embracing that concept.  It is not always the rider’s fault; sometimes, the faulty ride itself has miscalculated the algorithm of synchronizing the music to the roundabout.  Think of it in terms of the man behind the curtain in the Wizard of Oz — but then, that is for another blog altogether.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employees Disability Retirement Systems (FERS/CSRS): Of the parsimonious panderer

Somehow, merely doing your work just isn’t good enough; allies must be accumulated; alliances must be forged; outsiders, enemies and loners must be harassed, intimidated and crucified; suspicion is always cast upon the forces of neutrality, and homage paid is the quid pro quo of worldly advantage.

We tend to think that the manner in which prison systems naturally tend towards animalistic behavior of fiefdoms, savagery and community of gangs merely reflects a sociological consequence of a passing academic interest, without recognizing that the same applies in our daily lives.  One cannot merely go to work, do an excellent job and mind one’s own business; there are always dark forces beyond, awaiting and lurking, conniving to entrap and ensnare.

For the Federal employee and U.S. Postal worker who begins to suffer from a medical condition, such that the Federal or Postal employee must consider filing for Federal Disability Retirement benefits 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, the magnification and exponential pressure of prior failures in becoming “one of us” begins to manifest itself in so many ways.

For the Federal or Postal worker who suffers from a medical condition where the medical condition prevents one from performing one or more of the essential elements of one’s positional duties with the U.S. Postal Service or the Federal agency, two problems begin to surface:  First, dealing with the medical condition itself; and Second, dealing with management, supervisors, and even fellow coworkers.

It is an unfortunate truism that pandering not only works, but works too well; and if, in the course of one’s career, one has been parsimonious in the arena of pandering to others, the price to be paid is often the harshness of refusing to join and pay the membership of the panderer’s club.

But, then, the price for possessing integrity has always been the wounded pride of the lying predator, and when the parsimonious panderer awakens the abyss of human conscience by having a need for sympathy or empathy, the herd mentality of the world around will surely respond in ways predictable, by devouring the likes of a wounded prey such as the Federal or Postal employee who needs to prepare, formulate and file for Federal Disability Retirement benefits through OPM.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Differential Calculus Derivatives of concavity & convexity in comic circumlocutions

There are things in life which we cannot understand; others, that though we may engage the subject, invest the necessary time and beyond, and yet there seems always to remain a component which continues to escape; and yet, the ease with which others seem to comprehend that which cannot be grasped.  People often mistake wisdom for knowledge, when in fact the latter is merely the capacity to accumulate, whereas the former is the ability to recognize that which is relevant for successful living and to separate it from the abyss of insignificance.

Physicists and mathematicians view the world through a myopic perspective of numbers and calculations; the rest of us remain in the throes of Kantian preconditions, forever condemned to limited knowledge and constrained boundaries.  Or, perhaps we merely envy the greener grass on the south side of the fence.  At some point in life, we all come to a realization that greater minds than our own must be accessed in order to move forward.  Expertise is a rare commodity; value for such a product must be weighed as against the return of an investment.

For Federal employees and U.S. Postal workers who must consider preparing, formulating and 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, it is important to understand that, while the laws governing Federal Disability Retirement may not be as complex or complicated as differential calculus equations or even attempting to understand the concepts of concavity or convexity, the primary point of significance to recognize it in terms of endangering one’s chances for success by overlooking that which others may already know by experience or learned expertise.

The laws governing Federal Disability Retirement will never rise to the level of complexity when attempting to tackle a calculus problem; but it is never the complexity which defeats, but rather, the complications which ensue by failing to comprehend the differentiation not between derivatives of comic circumlocutions, but of wisdom as opposed to mere knowledge.

Sincerely,

Robert R. McGill, Esquire