Medical Retirement for Federal Employees: On the Verge

We often think in those terms, don’t we?  We are “on the verge” of doing something — whether of minor significance, major importance or of negligible impact.

All other species of living entities simply act and react; they do not engage in linguistic meanderings by discussing future events of unaccomplished deeds, but simply engage in the act of performance itself.  “I am on the verge of doing X” or even the further distancing statement that “X is planning to be on the verge of Y” — all statements of future intentions based upon planned coordination of unfulfilled motives.

Often, it is the perfect set of circumstances that one waits for, or a key element that remains missing before the initiation of the decision to act occurs.  To remain on the cliff’s edge, or right before the starting line, or even that twilight’s moment before one awakens, begins to stir and is aware of one’s surroundings just before the lengthy slumber of the night’s quietude turning into the frenzy of the day’s activities — that is where the “verge” remains.  Then, there are those for whom the act is never accomplished and one remains perpetually “on the verge”.

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, don’t let being “on the verge” destroy your health or potentiality left in limbo to seek other opportunities.

Filing for Federal Disability Retirement is an act, not a thought, and when too much thinking betrays the medical condition by overriding good sense, it is time to consult with an attorney who specializes in Federal Disability Retirement Law and get some sound advice on whether to remain “on the verge” of making a decision to act, or to remain with one’s Agency or Postal Service while deteriorating into a perpetual state of despondency.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation for OPM Disability Claims: Hypotheticals

Why do lawyers, above most other professions, utilize the tool of hypotheticals?  What is their evidentiary value, and in what way does it help to advance the cause of one’s case?

Say, for instance, you need an architect or an engineer (yes, yes, the humor here is that in speaking about hypotheticals, we are preparing to present one), would you be at all impressed if, after describing with precision the type of product you desire to have built, or in requesting a blueprint of a model house you are interested in, the architect or the engineer presents you with a hypothetical?

What, first of all, is a ‘hypothetical’?  It is, first and foremost, a proposition of non-existence, but with components of reality that may or may not have occurred or existed except in partial or disparate forms, delineated in an attempt to make or prove a point.  It is the tool of the attorney, just as the pencil and the blueprint are the resources of the architect, and the mathematical calculations the reliance of the engineer.  Often, it is used by means of analogical content to prove a point and to enhance the evidence gathered.

Take, for example, the lawyer who defended a bank robber.  He meets his client for the first time, and the criminal defense lawyer puts up a hand in order to stop his client from speaking, and says the following: “Now, take the following hypothetical, Mr. Dillinger: A man walks into a bank and hands a note to the teller that says, ‘Give me everything in your drawers.’  Now, that man was subsequently arrested.  No cash was ever exchanged; no weapon was ever found.  The question, then, is: What was meant by the words?  Only you know.  If, by way of a hypothetical, the man meant to obtain the contents of the teller’s drawer, it might mean 10 years in prison.  If, on the other hand, the note meant to be a lewd proposal about the teller’s anatomy beneath her undergarments, it would likely be a misdemeanor offense.  Now, Mr. Dillinger, which is it?”

Now, aside from some who would view such a presentation as somewhat unethical for “suggesting”, on the part of the lawyer, which intended “meaning” the defendant possessed at the time the note was passed, such a hypothetical is intended to denote the importance of hypotheticals within the purview of “the law”.  Hypotheticals allow for individuals to see the differences in paradigms or examples; it allows for options by way of analogy.

For Federal employees and U.S. Postal workers who suffer from a medical condition where 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, hypotheticals have quite likely become like unicorns and gnomes: no longer a figment of one’s imagination, but a reality that must be faced within a surreal universe of a Federal Agency or the Postal Service that fails to possess the humanity necessary in dealing with a person with failing health.

Words of platitudes are often spoken; and, perhaps, here and there, you come across someone at your agency that actually cares.  But for the most part, such “caring” amounts to no more of a reality than mere hypotheticals; and when that realization comes about that the clash between hypotheticals and reality must be confronted, it is time to get down to the “nuts and bolts” and prepare, formulate and file 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.

And, as an aside, you may be asking, What was Mr. Dillinger’s response to the lawyer’s hypothetical? He punched the lawyer in the mouth, stood up and said, “Jeez, I ain’t no pervert!  Of course I wanted the money!”

Sincerely,

Robert R. McGill, Esquire

 

 

OPM Medical Retirement Legal Representation: Owing and debt

Why must advancement always entail greater complexity?  Or, is that merely the concurrent and natural evolution of linguistic modes of communication?  Do words ascribed and the antiquated, outdated philosophical concept of language as a “correspondence” between the objective world and the language games one plays (yes, an admixture of Bertrand Russell’s criticism and Wittgenstein’s deconstructionism combined) naturally result in the bungled world of complications as a mere afterthought to sophistication and the rise of a civilization?

The simplicity of a stone-age civilization, where pursuance of food and the bare necessities to survive – is that what can be termed a “simple” life, and therefore a primitive, less advanced (or none at all) civilization?  Does the capacity to invent, discover and apply technology by definition establish that a collective group of people has “advanced”, and is the advancement a reflection of greater complexity, or is complexity the hallmark of such advancement?  Can you have an “advanced” society and yet maintain a level of simplicity such that the pinnacle of such advancement is better defined by the simplicity of living standards?

And where does sophistication, culture and refinement of the arts fit in?  Does the fact that exchange of monetary currency, the involvement of extending credit and the concomitant issues of owing and debt necessarily arise in a complex society?  When did the concept of “owing” and the concurrent idea of a “debt” owed come into the daily consciousness of an individual, a society, a civilization?  And, was it first tied to the idea of money, then to an analogy about “favors”, obligations, return of bartered goods – or was the very idea of owing or being obligated to, and having a debt to be repaid, separate and apart from the exchange of currency?  We owe a “debt of gratitude”, and a sense of “owing” that which we borrowed, or the debt we are in, and there is the “debt ceiling” and bills yet to be paid, as well as a “debt of loyalty” – do these all arise from the origin of bartering and money-lending?

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 employee from performing one or more of the essential elements of the Federal employee’s capacity and ability to continue in the career of one’s choice, there is often a sense of “owing” the Federal Agency or the Postal service “something” – one’s time, one’s gratitude, one’s commitment, etc.; and that the “debt” has to somehow be repaid by killing one’s self to the enslavement of work.

It is a false idea one clings to.  The “owing” one must first be concerned with is the debt to one’s self, first – of health, future orientation and obligations to a family one has brought into this world.  Don’t confuse concepts; and be aware of metaphors that have evolved from civilization’s greater complexity where advancement does not always mean greater complexity of confounding confusions.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Disability Retirement: Adrenal Fatigue

One need not be officially diagnosed with Addison’s Disease in order to incur the wrath and ravages of adrenal insufficiency.

Life’s multiplicity of compounding and complex stresses; exhaustion beyond merely feeling “run down” or otherwise out of synchronized balance from everyday feelings of adequacy; a sense of profound fatigue, where cognitive dysfunctions develop, and where symptoms of falling asleep at meetings, where the world appears at times to become a distant echo chamber and what others view as a normal pace appear in dizzying fashion of incomprehensible clatter of distractions; and where visual disturbances occur systematically as one attempts to view the computer screen and perform work which, in previous times, was merely mundane and monotonous, but now requires an effort beyond sheer force of will.

Does modernity and technological stress contribute to medical conditions which may have no name, and often defies pigeonholing because of the mysteries of the human body and psyche?  A broken arm is easy to identify, and normally just as correctable; a cervical or lumbar disc degeneration, perhaps a bit more complex, but often manageable; chronic pain, but for a parallelism between objective testing and pain points, sometimes an anomaly; psychiatric conditions, of greater mystery which has become too often a pharmacological corridor for treatment modalities; but where profound and intractable fatigue more often than not is beyond the capacity to be diagnosed.

However one characterizes it — of adrenal fatigue, insufficiency, chronic fatigue syndrome, or other designations of type; it is ultimately the reality of the daily toil and turmoil with which the patient must contend.  For Federal employees and U.S. Postal workers who experience such a state of physical and psychiatric condition, 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, may be the best and only alternative available.

In the end, adrenal fatigue may be more than an endocrine imbalance; there is often a complex component where multiple medical conditions ravage the body and mind, and as with so many issues in law and life, there is a vast chasm between having a medical condition, being properly treated for the condition, and proving one’s medical condition in law such that one can be found eligible for Federal & Postal Disability Retirement benefits through the U.S. Office of Personnel Management.

Fatigue, whether of the adrenal kind or of resulting impact from a lifetime of stresses, is a basis for Federal OPM Disability Retirement; attending to the condition should always be the first order of business; proving it, the second and subsequent thereafter.

Sincerely,

Robert R. McGill, Esquire