It is a categorization at the most basic level — one that is seen daily in Nature and reflected in the human narrative of historical tides and tragedies. The stronger dominate the weaker; the latter submits to the former, or flees in terror or dies while trying.
In modernity, the password that protects one’s technological contraption is determined for sufficiency based upon that most basic of identities: stronger or weaker. The bully on the playground will scan the potentiality for complete dominance at the beginning of each school year, based upon the appearance of how one projects one’s self on the very first day.
Throughout the continuum of life’s encounters, no matter how much we may resist becoming pigeonholed into such simplistic bifurcations — whether of our physical stature; our creative energies; our proclivities and mannerisms, etc. — in the end, we all revert back to the foundational elements of our evolutionary ancestors and systematically deem this event or that capacity as either “stronger” or “weaker”.
We like to think that in our advanced state of civilization, such simplistic terms have become muted because of the heightened level of sophistication (i.e., thus the “revenge of the nerds”, where brain overcomes braun); but our true natures nevertheless tend to reveal themselves despite our best efforts to resist. It is no different in the arena of “the law” than in all other categories.
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 issue of “stronger” versus “weaker” continues to dominate: One’s medical condition places one in the “weaker” position as against the Federal Agency or the Postal Service.
The Federal Agency or the Postal Facility may begin to assert its “stronger” position by a series of adverse actions initiated to establish a paper-trail leading to ultimate termination, including a “Performance Improvement Plan” (otherwise referred to by the acronym, “PIP”); and when the Federal or Postal employee takes the necessary steps in 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, it is important to try and gain the “stronger” advantage by enhancing, in every way possible, one’s Federal Disability Retirement application.
There are few “slam-dunk” cases when it comes to a Federal Disability Retirement application. While the applicant may “believe” his or her case cannot possibly be denied — naturally, because the applicant who tries to prepare the case on his or her own is the same person who suffers from the medical condition upon which the Federal Employee Disability Retirement application is based, and so there is lost a sense of “objectivity” as to the strength or weakness of a case — most cases must be assessed on a scale of “Stronger/Weaker”, and such an assessment is based upon the multiplicity of factors analyzed, including: Does the available and current case-law support the application? Does the medical documentation sufficiently meet the eligibility criteria under the law? Will the Agency’s portion of the Federal Disability Retirement application undermine the Applicant’s portion, under the law?
In the end, the law itself determines the basis of a Federal Disability Retirement case in its most basic form of whether a case is “stronger” or “weaker”, and to determine that important aspect of assessing and evaluating a case, consultation with a specialist in Federal Disability Retirement Law is a “must” in this world where nature’s disposition towards the Stronger/Weaker bifurcation continues to dominate.
Sincerely,
Robert R. McGill, Esquire
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OPM Disability Retirement: Faking it
We often judge the complexity and sophistication of a species by evaluating the extent of negative capacities. Thus are humans considered to be advanced creatures because of the capability of lying, subterfuge, dissimulation, pretense of behavior, and other such undesirable characteristics. But other species can “lie” as well, if one accepts faking matters and circumstances as constituting that sort of advancement of evolutionary behavior.
Predators can “act like” they are asleep, or even dead or noticeably unaware, in order to lure the prey into a somnolence of cautionary approach. Birds can mimicry others; and chameleons can adapt and change in order to engage in subterfuge. But the true test of sophisticated advancement is the ability to defy an inevitable reaction to a cause, and to simultaneously suppress it. As pain is a natural alarm system which the body necessitates a reaction to, so the act of concurrently concealing it requires an enormity of self-discipline rarely found in species other than in humans.
Federal employees and U.S. Postal workers who suffer from a medical condition engage in such subterfuge on a regular basis. Whether in attempting to extend one’s career for a period greater than self-interest, or of necessity to survive among the pack of hyenas comprised of Federal agencies, their cohorts and co-conspirators, the Federal and Postal employee who suffers from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s job, faking it becomes a daily routine requiring self-containment and discipline of an extraordinary capacity.
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 an avenue of relief where the threshold and intersection between concealment and level of pain can no longer be tolerated. It is the exit by which Federal and Postal employees find where once there was none. For, in the end, the predator wounded and laying in wait for the injurious cause to approach with lesser caution, in order for the prey to become the aggressor, the danger is that one may wait too long and bleed to death, and unknowingly reverse the intended fortunes of the day.
Sincerely,
Robert R. McGill, Esquire
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