Legal Representation on Federal Disability Retirement Claims: “But…”

What is it about a certain voice inflection that forewarns us of that conjunction?  A long explanation is given; a reason for “why” a person is about to do something is adroitly conveyed; a detailed and rational discourse is provided; and yet something tells us that the inevitable “but” is about to be inserted, making of the independent clause just spoken merely a precursor for the real reason that the lengthy discourse was given in the first place.

It is also a metaphor for life itself, isn’t it? “Things were just great, and it was the happiest of times, but then…”.  It is like the metaphorical dark cloud that dampens the spirit, or the sudden gust of wind that topples the tower when one was just about to reach the apex; the “but” in our lives comes at the most inopportune of times.

Then, there is the causal intervention “but” in law, as in, “But for X, Y would have not been liable because X becomes the primary intervening cause that subverted Y and all other causal determinants.” But for this job, my life would be perfect; but for this minor incident in my otherwise stellar career, I would have been unstoppable; but for X, Y and Z, I would have reached olympian heights; and on and on.  Isn’t that what Bing Crosby said of Frank Sinatra (for those who are young enough to even remember such icons of yesteryears, that “But for Sinatra, I would have been the most popular singer of my time”)?

Medical conditions tend to insert that conjunctive into a life, don’t they?  For Federal and Postal employees who consider the “but” of a life to be that medical condition that has come to a critical juncture — not merely of a grammatical appendage, but of a true intervening cause that disrupts — because it prevents the Federal or Postal employee from performing one or more of the essential elements of his or her Federal or Postal career, it may be time to begin to prepare, formulate and file an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

The “buts” of life are merely conjunctives that forecast the darker clouds that rain upon an otherwise stellar experience; to alter the “but” and instead turn it into a mere “and” is what preparing, formulating and filing an effective Federal Disability Retirement application can do, and thereby avert the “but” word that makes the remainder of the paragraph simply an extension of an otherwise joyful phenomena called “life”.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation for OPM Disability Retirement: The flowers of spring

Poets describe them as metaphors for future hope; youth that still holds out for a time beyond, where life is full of unaccounted happiness and time yet to be spent without fear of regret; and for the old and dying, remembrances of a yearning that once stirred but are now waning for lack of vigor.

There are flowers in other seasons; and even when the winter months blow breaths of icicles that form with each quiet whisper, of the camellia that withers not nor wilts in the snow banks that whistle alarms of shuddering regrets; but of the flowers of spring we smile and walk aglow like so many elves reinvigorated by the accomplishments of having been Santa’s helpers in a workshop full of toys that brought delight.

The flowers of spring represent that glimmer of hope, no matter the station of one’s life, the stages that make passage through time inevitable towards that dark tunnel that pervades when sorrow weeps the midnight train that whistles through the cavernous calm of a trickling fade.  Must death always be the fate of Man when once hope was what the dream allowed?  Will the poet bring forth words of encouragement even when health deteriorates, madness screams and life seems but a faint murmur of a heart yet thumping for a yearning tomorrow?

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to endanger and threaten one’s career and the investments made for a future that once seemed so bright and certain, it may be that the choices presented are quite limited — like the flowers that can survive through winter’s discontent.

Federal Disability Retirement is an option that should be considered when the medical condition begins to prevent the performance of one or more of the essential elements of one’s Federal or Postal job, and consulting an experienced attorney to begin to map out a pathway out of the inconsolable chasms of winter and bring forth the flower of spring may be the first step in preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Benefits: The misplaced comma

It is such an inconsequential mark in the universe of imprints that pervade, and yet so significant, but in a cloak of anonymity, when misplaced.  It possesses the same features as other punctuations of grammar — identical to the apostrophe, the same in mimicking as the singular quotation mark that is so prevalent; and the same shape is used in multiple diacritic writing systems common within Ancient Greek writing systems, and still survives apparently in the written systems utilized in Latvian, Romanian and Livonian.

It allows for clauses to appear, to become dependent and separated, and to confine into a separate meaning where the conceptual clause, whether dependent and leaning for support upon the main thought expressed, can convey an independence of meaning that adds and modifies the original idea.

It is the misplaced comma that makes one pause and ponder — why must we hesitate here?  Why did they put a red-light in the middle of the sidewalk?  Why does the sign say, “No passage” in the center of a store, and yet we can step beyond the red line and still proceed?

Does the misplaced comma apply in spoken language?  Take the following example: You are standing and talking to a friend, and the friend says: “Now, I want you to — no comma, here — know that tomorrow it is going — no comma, here — to rain— here, there is a comma — and therefore we have to have — no comma here — our umbrellas with us.”  Aside from rendering an irritating manner of speaking, it was all so unnecessary, wasn’t it?  We don’t have to apprise others of a misplaced comma unless it is actually misplaced, and when speaking as opposed to writing, it is not needed because the hesitation in speech itself tells us of the comma, whether misplaced or not.

In written form, however, the misplaced comma — again, aside from being a mere irritant — compels us to pause, to hesitate, to take a reflective millisecond — like coming upon a crack in the sidewalk when we were kids and thinking, “Should I skip and jump over it or just be brave and step on the crack?”

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 worker from performing one or more of the essential elements of one’s Federal or Postal job, the pervasive feeling of one’s tenuous position in the workforce is often likened to a misplaced comma.  You no longer “fit” into the mission of the agency.

Others begin to hesitate when approaching you; there is “talk about” you that you sense, and there appears to be commas all around, bifurcating, separating, creating dependencies that seem to segregate and confine, like invisible fences — nay, commas – that have been placed all around.

It is then time to begin 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 employee or Postal worker is under FERS, CSRS or CSRS Offset.  Consult with an experienced attorney and replace the misplaced comma with an emphatic period that will end the misery that continues to deteriorate.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement from OPM: The restorative morning

That is the purpose of sleep, is it not?  Or so we anthropomorphically attribute.  Is that the only reason for the somnolence that overwhelms, the snore that momentarily suspends in the air and pauses for people to smile, to be horrified or laugh because of the incongruence of the sound that shatters the quietude of twilight? Do humans sleep more soundly than other species? Is it really necessary to maintain a certain spectrum of that “rapid eye movement” (REM), or to be in a deep slumber, a state of subconscious quietude, etc., in order to attain that level of restorative sleep such that the morning itself is declaratively managed with rest and a sense of calm?

The restorative morning is that which follows a good night’s sleep; it is when the body is energized, the mind is ready to pounce with an excessive amount of acuity barely containable, and the combination of a night’s rest with boundless determination overcomes the previous period’s fatigue and exhaustion from the stresses of the day.

Do other species require sound sleep?  Or, did evolution favor the animal that can sleep, yet be awoken in response to an instinctual drive to survive, such that the mere bending of a blade of grass a hundred yards away will awaken with an alarm ready to defend and fight, or whisk away in flight?

It is the lack of it that creates that level of profound fatigue that goes beyond mere tiredness or exhaustion.  Modernity requires restorative sleep precisely because so much of our workforce engages in cognitive-intensive employment that places great stresses not just upon the physical capacity of the human animal, but upon the mental/psychological — stresses that pound away with untold and unmeasurable harm on a daily, consistent and progressively deteriorating manner.  Did nature and evolution factor in the way that we live in modernity?  Likely, not.

In Nature, there are no restorative mornings — only the calm that pervades and hides the predatory instincts and the ongoing battles that go on daily, minute-by-minute in this unforgiving universe of predators and prey; and so it is that we have created a reflection of that life-and-death struggle in this modern world we live in.

For Federal employees and U.S. Postal workers who struggle with profound fatigue, loss of any semblance of restorative sleep, and unrepentant diminishment of focus, concentration and the capacity to maintain an acuity of mind, it may be time to consider filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management.

Sleep Disorders are not just a constant reminder of the stresses that impact us in this high-tech world, but is also a basis in which to qualify for Federal Disability Retirement, when profound fatigue sets in and non-restorative sleep impacts one’s ability and capacity to perform all of the essential elements of one’s cognitive-intensive job.  Whether under FERS, CSRS or CSRS Offset, it may be time to consider preparing, formulating and filing for Federal Disability Retirement, to be submitted to the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Attorney for Federal Disability Retirement Claims: The concise sentence

What is the difference between being concise and performing with precision?  The former is often applied in the universe of words and communication; the latter, in areas where quantitative measuring tools can be determined, such as in science or in mathematical sectors.

We say of a person who speaks voluminously but with little substance that he or she represents the antonym of conciseness; and so a comparison is often made between volume spoken or written and concepts or thoughts conveyed.  Of Literature, most would agree that Hemingway is the representative paradigm of conciseness, whereas Joyce and Faulkner reflect the very opposite, though all three are considered classic and great authors.

Do we excuse such authors as Joyce and Faulkner because, in literature, we tend to focus upon the stylistic brilliance of their writings as opposed to the “meaning” that captures the undercurrent of their works?  In other words, although they may give us “too many” words and thus are, by definition, lacking of conciseness, we nevertheless overlook such imprecision precisely because we do not attribute “amount” as the necessary and sufficient cause of determining the worth of good authorship.

Hemingway used to say that, in writing, he had already formulated each sentence before setting it upon paper, whether in handwriting (a lost art) or at the typewriter (a manual, when those contraptions existed and where the clack-clack of metal keys pounded deep into the twilight of a writer’s life).

Why do we applaud and celebrate the concise sentence?  Does it make a difference whether or not a sentence, say, with 7 words communicates a thought as opposed to a paragraph with a thousand words that conveys the identical conceptual construct?

Take the following 2 examples: 1. Lessening of debt equals wealth. Or, 2: If you have less to owe to others, then it is the same as savings; or, as Benjamin Franklin used to say, a penny saved is a penny earned, and the reality of it all is that we have more to spend and retain wealth, not so much because you have more money, but you have more because less is spent on paying other people your hard-earned dollars.

Now, both sentences convey essentially the same meaning.  The first one, however, is comprised of 5 words. The second one took…many words to communicate the same thought.  Does it matter whether a concise sentence is used, as opposed to one that is not, if the same two convey identically reflective thoughts?

It might make a difference, because of one factor that has not been discussed: Being concise often possesses the added feature of being precise, and precision is important in the accuracy of conveying thought.

For Federal employees and U.S. Postal workers who are thinking about preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, there is a dual-key component to preparing the SF 3112A, Applicant’s Statement of Disability: Be concise, but do not forego length for completeness.

In other words, being concise in order to convey the proper information is important; but, at the same time, do not sacrifice wordiness just because of the limited “boxes” that are provided on SF 3112A.

Sincerely,

Robert R. McGill, Esquire