Postal and Federal Disability Retirement: Persuasion

Persuasion is a funny animal; when it is effective, success is determined by the reversal of an opponent’s viewpoint, but if it is ineffective, mere silence ensues, and unless prompted by subsequent queries, one never knows how close one came to persuading another and what further evidence or argumentation may have pushed the other side over the edge.

Then, of course, there is always the question of whether the opposing party is open to persuasion or not, and what are the conditions within which it may occur.  The danger lies especially when an organization or bureaucracy has become so powerful or autocratic that it need not ever be persuaded because there are no consequences to being left unpersuaded.

The presence of outside safeguards is often necessary for persuasion to have its salutary effect, as a more obscure sense of “fair play” is often not enough to make a difference.  All of this, of course, doesn’t even touch upon the substantive content of what constitutes a persuasive argument, as context is often just as important as content (anyone who has been married will immediately understand the truth of this statement).

For Federal employees and U.S. Postal workers who have submitted a FERS Medical Retirement claim with the U.S. Office of Personnel Management (also known for its acronym “OPM”) and have received an initial denial and must now respond to the denial at the Reconsideration Stage of the Process, “persuasiveness” becomes the battle cry in preparing the proper response.

OPM has all the time in the world in preparing its denial and needs little basis in its persuasive content.  They merely need to have some minimal basis of reasons to issue a denial.  On the other hand, the denied Federal or Postal applicant has (A) a very short timeframe in responding and (B) must advance a heavy burden of proof in order to overcome the denial, despite the often scatter-brained content of an OPM Denial.

Furthermore, in preparing a reconsideration Response, one should always keep in mind that the targeted audience is not just OPM, but the next stage in the event that OPM remains unpersuaded — that of the Admin Judge at the U.S. Merit Systems Protection Board (MSPB).  That is why any response to an OPM Initial Denial should include a recitation of the relevant case laws discussing why your particular case meets the legal criteria for an approval.

As with spousal arguments and discussions around the Holiday dinner table, context matters as much as context when trying to persuade the other side.  And also in preparing a persuasive response, you may want to consider consulting with a Federal Disability Retirement Lawyer specializing exclusively in FERS 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 from OPM: Second Chances

In the wild, there are few such second chances.  Every now and again, one sees a documentary where a prey somehow escapes the grasp of the predator, but it is a rare sight.  When survival depends upon a meal, nature does not relent in favor of the weak.

In the human sphere, second chances are more common because a greater sophistication of higher human characteristics are involved (at least, sometimes), not the least of which include kindness, empathy, and selfless generosity.  We are capable of rising above the beast and acting at a level just below the angels.

Shakespeare and Milton recognized this greater capacity, as have many other authors (is it a contradiction that the English, known for their ” stiff upper lip” approach to life, would embrace such a worldview?).  And when a government passes legislation empowering its citizens with second chances, it is reflective of a higher and more civil spirit.

For Federal employees and U.S. Postal workers who suffer from a disabling injury or illness which requires a second chance, FERS Disability Retirement under the FERS system provides just such an opportunity.

To have greater assurance that the bureaucratic machinery of OPM will comply with the letter of the law, however, you may want to contact an OPM Disability Lawyer who specializes in Federal Disability Retirement Law, for — even in the human sphere — there are still predators in the wild who fail to regard the spirit of the higher laws.

Sincerely,

Robert R. McGill
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 Medical Retirement: The Monotony of Familiarity

It is familiarity which defines monotony; the new brings about excitement; but while excitement may be a consequence of change, it is always that monotony of familiarity to which we return, for where our comfort resides, and to that we cling until necessity compels abandonment.  The new year; as if the continuum of the seasons has been altered.  The deer in the forest know not 2022; for them, the monotony of survival is an unbroken and timeless paradigm of life.

There are, of course, exceptions to human behavior — for some, a chaotic life of change and renewed excitement brings about an adrenal “high” which compels and feeds the need for further change; but for most of us, it is the life of drama which we tend to avoid, and we return to the old habits which provide the foundation for a quiet contentment where familiarity and monotony are the mainstay of comfort and habitual yawning.

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, the monotony of familiarity often includes the medical condition itself — if only until you reach a critical juncture where it becomes apparent that the “familiar” (one’s job) can no longer remain consistent with the monotony (the chronic condition which one has come to accept as part of one’s life).

Federal Disability Retirement is a benefit available to all Federal and Postal employees under FERS who have met the minimal legal threshold of having 18 months of Federal Service.

Contact an OPM Disability Attorney in this New Year of change — one who specializes in Federal Disability Retirement Law, and make sure that the monotony of familiarity remains in your life of declining health.

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.

 

Lawyer Representation for OPM Disability Retirement: The wave of unwillingness

Watching waves along a seashore is indicative of the rhythmic cadence of life’s daily encounters; the rolling regularity of repetition, then for some odd reason — or none at all — a sudden rush of an unanticipated surge that changes the expectations relied upon.

Human will is a peculiar characteristic; it is not quite a conceptual principle, nor even a sensation; it is an inner force emanating from deep within one’s psyche, energized at various times, inert and dormant at other.  When does the wave of unwillingness appear?  Like that rhythmic lull which is suddenly overtaken by a surge that is unexpected, it appears in life with a sudden vengeance.

For most of life, we are willing — whether to be helpful, to be generous, kind, passing things by and allowing for things to occur without much resistance.  Then, a medical condition begins to gnaw at one’s health — at first, perhaps just an inkling of troubled waters ahead, then a persistence that fails to abate.  By sheer will do we get through each day, overcoming by power of driven insistence and persistence, until one day the wave of unwillingness makes us stop, ponder and consider: How many more days can the power of one’s will continue like this?

Medical conditions have a way of wearing one’s will down.  For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition begins to overwhelm with the wave of unwillingness — where the body becomes weary and fatigued; the mind begins to lose its clarity of purpose — it is time to prepare, formulate and file 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.

Remember that the wave of unwillingness did not just come about without accompaniment by other waves; it is just that the rhythm of the daily onslaught of stresses, the lack of care for the medical condition that continued to deteriorate, etc., came to a critical point where you could no longer avoid the reality of what the disease, injury or condition was trying to tell you: The human will, while resilient, can withstand only so much, and one’s health often contributes greatly to the ability and capacity to get one to a certain point in life, and when a critical juncture is encountered where the wave of unwillingness begins to overtake and overwhelm, it is time to consider filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, so that you may be able to once again enjoy the lull of rhythmic waves that create a symphony of sounds like the lullaby of a childhood’s warm memories.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: The fallacy of just-ology

It is the manner in which we dismiss the relevant, the attitude of minimizing and the conduct of our nature in modernity; just-ology is the capacity to turn one’s back upon something and dismissively wave a hand and declare, “Oh, it’s just___”.  It’s just a minor set-back; it’s just X being X; it’s just a passing phase; it is just….

The mindset itself is one that can incrementally, insidiously creep beneath the surface of what we actually believe; for, the word itself — ‘just’ – is a peculiarly insignificant word, and one that is surreptitiously inserted amongst other words, concepts, hidden between phrases and carelessly dropped between lines of greater thoughts.  As an adjective, it connotes the moral compass of a person or society; as an adverb, it often implies precision or exactness; but in common, everyday usage, it is that word which minimizes, limits and casts away into the garbage heap of irrelevance.

It is precisely by the exactness of defining something so narrowly that the precision itself makes it irrelevant.  It “puts X into its proper place” by defining it “just” so.  Precision is good; precision for accuracy’s sake is even better; but when precision minimizes to the extent of insignificance, it can be misleading.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition for many years just won’t go way, and just keeps getting worse, and just continues to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, it just may be time to begin 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.  Just in case.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Disability: When reality exceeds the nightmare

At what point do we describe a dream as merely a dream, and not a nightmare, and does the contrast between the two as set in comparative standing against one’s daily reality change the equation at all? Are some people more able to tolerate greater tumult of images ensconced within the framework of the “inner eye” that receives the moving reels of dreams, nightmares and memories? Is there a connection between reality and dreams, reality and nightmares, and dreams and nightmares?

If one can maneuver with greater functionality in the reality of the objective world, does it manifest an indicator of greater capacity to withstand and travel through the detours of subjective consciousness depicting dreams and nightmares? Does the ability to remember dreams or nightmares make a difference, as well? Is rumination, obsessive recollection, screaming nights from images perpetrated by past experiences – i.e., war-time images diagnosed as PTSD or other traumatic events that cannot be compartmentalized or otherwise set aside – a symptom of a fragile ego too sensitive to tolerate for some?

Is a nightmare an expiation of the unworkable problems of daily life, such that the subconscious mind is attempting to sort and sift so that greater survivability can be achieved upon awakening from the slumber of sleepless sleep? Is a person who experiences constant and relentless nightmares, who wakes up just as exhausted because of the reliving of the experiences of prior trauma, actually asleep, or does the conceptual paradigm of “being asleep” necessarily include attaining a restorative plateau of rest?

It is, indeed, a complex interaction between the tripartite components of our daily experiences, both subjective and objective.

For Federal employees and U.S. Postal workers who suffer from a reality which exceeds the nightmare, but more importantly, that dashes the dreams – both in the real sense of a dream while asleep, as well as the figurative dream in the sense of hope for the future – that paves the pathway for future anticipation, it is always important to balance the spectrum and pendulum between the deteriorating medical condition one suffers from, against the dreams one experiences, and contrast them against the nightmare of daily agony and the sleepless nightmares that awaken one with sweats and pools of angst.

Preparing an effective Federal Disability Retirement application, to be submitted and waited upon with the U.S. Office of Personnel Management, can sometimes appear to be in the “nightmare” category; but for those Federal and Postal employees who have to file such an animal, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the objective reality is that the medical conditions themselves already constitute a tumultuous reality that exceeds any nightmare conceived, and that is precisely why it becomes time for the Federal or Postal employee to prepare, formulate and file an effective OPM Disability Retirement application because, when reality exceeds the nightmare, it is time to wake up and tackle the monster of reality in order to be able to return to a restful slumber where dreams bring a smile upon the grimacing lips that shy away from nightmares.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement for Federal Employees: Poetry’s death

By the title is not meant the terminus of the literary genre; that would be too great a claim to consider.  No; instead, it is the more subtle manner of thought, the perspective of viewing, and the approach to living.  We live by metaphors and analogies; that is what the rise of language has accomplished, where the raw violence of predatory insights in nature’s setting of surviving could no longer tolerate, but where some amount of leisure, such little calculation of foresight, and a crumb of thoughtful reserve allowed for a world of mythological beauty.

Materialism killed the purring cat.  For a time, Charles L. Dodgson – whom we all know by the pen name, “Lewis Carroll” – attempted to stem the tide of decay, and succeeded for a generation or so.

Once upon a time, parables could be understood; elven creatures and angels with wings releasing residues of golden dust, tinged with faith and tinctures of mysterious delights would pass by windows left ajar for welcoming strangers; and sleeping beauties, knights in shining armor riding upon white horses to rescue were but assumed and accepted, and not the rattling ugliness of windmills mistaken for dragons no longer existing.  We believed.

But then came science, logic and the Darwinian distance of antiseptic explanations, and we all embraced it because of its allure of pragmatic promises.  But has it brought us any greater joy or insight into life’s misgivings?

Shakespeare referred always to the alignment of the stars, and of gargoyles behind the fool’s mask; and while the inquisition of religion’s past haunts still in the corridors of forgotten subterranean memories, it is the loss of inquisitiveness which makes for greater sorrow.

Words and explanatory concepts must abide by the correspondence they convey to the greater world about; and whether the world is deemed flat, or the earth is no longer a geocentric universe but a reversal to an upside-down world constituting a heliocentric perspective, unless the believer is a seafarer or an astrophysicist attempting to calculate the incalculable in geometric complexities beyond our present concerns, what difference does it make – except that we no longer embrace the wonderland lost to the science of inchoate values.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the present pain and anguish suffered is something experienced in “real time” and impacted in actual terms, it is often poetry’s death which compels one to prepare, formulate and file for Federal Disability Retirement benefits with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Think about it:  it is work in order to play; play is the time of leisure in order to engage in the poetry of life.  But when a medical condition forces one into a life of drudgery, where the “play” part of life is merely more work in order to get enough rest or sleep to continue in the “work” portion of living, then life as a whole becomes unbearable, and no amount of poetry can soothe the pains of this life.

That is why preparing, formulating and filing an effective Federal Employee Disability Retirement application – in order to circumvent the agony of one’s medical condition – becomes important in order to reach that plateau where one can attend to the medical conditions themselves, and further, to forestall the inevitability of poetry’s death.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Plans, purposes and pivoting positions

The first in the series indicates the human endeavor of imagination and creativity, unique sets of binary forecasts projecting into a beautification of one’s future; the second, the qualitative and substantive core which motivates and impels the preceding characteristic and transforms it from mere ethereal musings into a concretized formulation of action; and the final element of the tripartite aggregate represents the capacity and ability of a person to remain adaptable, malleable, ready to take into consideration new data and conform appropriately, such that the originating plan is never abandoned but merely evolved into a pragmatic reflection, yet driven by the underlying impetus based upon strength and character.

It is the last of the three which is often the most difficult in this society of rigidity and unforgiving iconoclasm.  Bureaucracy does that to people, as the Leviathan of administrative growth and conformity to identity of purpose leaves little room for imagination and creativity.  We like to fool ourselves by pointing to the vast number of books published, or to “new plays” being produced off-and-on-Broadway; or to the innovations attained and announced in the world of technology, medicine and legal precedent, then pat ourselves on the back with self-praise and delusional despair.  But reality confronts us otherwise in the daily encounters with ordinary people.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact one’s ability and capacity to perform all of the essential elements of one’s positional duties with the Federal agency or the U.S. Postal Service, the direct conflict with the ways of repetition and customary machinations of administrative malfeasance come to the fore.

Agencies rarely, if ever, desire to accommodate; they do not see the value of retaining Federal employees who have served with dedication, honor and reliability for these many years; and, instead, are willing to forego the minimal alterations to workplace requirements and engage in a termination fight in order to retain its mindless inscrutability.  Plans are meant to be changed — and for the Federal or Postal worker, the entrance of a medical condition, whether physical, psychiatric, or a combination of both, should so alter the plans.

Purposes can be adaptable — and so they should, when the medical condition enters the equation.  And those pivoting positions first learned in playing the game of basketball?  They teach us the valuable lessons not only to elude the opposition, but in order to gain the advantage of a position of strength where weakness was once thought to prevail.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Static Divides

Most of our lives are struggles to maintain the status quo; for, as change results in turmoil, so rectitude of unchanged repetition requires the least amount of effort, but mere monotony of action to forego any greater expenditure of further efforts.  It is when the static longevity of identical mirroring of life begins to harm, that it then divides us.

Doing the same thing daily, over and over again, with slight variations to accommodate life’s vicissitudes, allows for the peaceful quietude of daily living; but when such repetition of activity may potentially lead to self-immolation through inactivity of thought, then that is what some term as “insanity”.  When the static calm of daily living results in a division of spoils, it must spur one to a different way of thinking.

Medical conditions tend to do that to us.  For, it is those “outside forces” which we cannot control, which mandates activity previously unforeseen.

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, is a time of disquietude, precisely because change is now imminent in the projected future of our own imagination.  It means that one must take affirmative steps and actively engage in the process of that very division which we delayed, procrastinated, and persistently disregarded, and perhaps even lied to ourselves about tomorrow, next week, or next month.

The future is always upon us; and when we ignore the perils of tomorrow, we pay for it at the price of today.

Filing for Federal Disability Retirement benefits through OPM is never an easy matter; it is disruptive, a bureaucratic nightmare, and an agony of engagement with a distasteful palate.  But as the time of static division pervades even unto our very soul, it is time to take that step for change and begin to prepare, formulate and file for Federal Disability Retirement benefits through OPM, bringing change into our lives in a world often unchanging but resistant to the enemy of ourselves.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Moments of Perceptual Clarity

We tend to seek that which we cannot find; apply criteria beyond rational capacity; and derive statistical results nowhere to be discovered but for quantitative input implied by imaginary output.

That single source of “meaning”; that “cause” which provides value; that lottery of life’s misgivings which fortune promised but never conveyed; and so the inheritance which Cain and Abel sought but for the love of their father and the instability which Dostoevsky described in his novels of heritage, destiny and anguish, are but filaments of our own fears and misgivings in a world which defies our limited attempts to garnish, contain and delimit.

There are moments of perceptual clarity, and then there is the rest of life.  Perhaps it appears amidst the morning fog at first dawn of light; or just before sleep overtakes, as the subconscious is allowed to enter into the rational discourse mandated by daily toil; in any event, it comes only in fleeting moments, or from the ashes of destruction and self-immolation, like the Flight of the Phoenix whom everyone else had forgotten.

For Federal employees and U.S. Postal workers who are in a conundrum, where life’s misgivings seem too complex and too confusing to move forward because of a medical condition which has curtailed the hopes and dreams once sought for, and attained through hard work and toil of sweat, the need to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset, may become a reality only at the highest point of personal crisis.

That is often when the only moment of true clarity comes to the fore; and when that time comes, it is necessary to hold onto that time of self-revelation, and begin to seek the counsel and wisdom of others, in preparing an effective and compelling case in order to win the benefit awaiting, from OPM and through the Federal agency for whom you toiled and sacrificed.

Sincerely,

Robert R. McGill, Esquire