Disability Retirement for Federal Government Employees: The Theory of Correspondence

20th Century Philosophy has witnessed the steady progression of deconstruction; of centuries of attempting to answer age-old questions which challenged the mind, only to be declared that it was, all throughout, the question which was the problem, and the imprecise manner of communication through language difficulties and conceptual confusions that created the unfathomable difficulties, and that therefore there are no substantive problems in philosophy to solve.

Bertrand Russell, the entire tradition of English Empiricism, and long comes Wittgenstein; and any theory of correspondence between language and the “objective” world was cast aside as being impractical, unendurable, and in the end, untrue — though, as truth itself became an empty concept, it remained a puzzle as to how such a declarative end could be proposed.

But it was ultimately the devaluing of correspondence which became most troubling; for, now, as there was and is no connection between language and reality, so an individual can do and say one thing, and be and remain another. Perhaps that is why Facebook, Twitter and electronic media are so popular; we have become who we merely declare we are.

That is often the insidious nature of a medical condition; when once it becomes known, we want to ignore it, conceal it, and think it away; but somehow the physical reality of one’s life cannot be erased so easily as words on paper, or through the use of a ‘delete’ button.

Medical conditions really do impact us; and if the Federal or Postal employee finds him/herself beset with a medical condition such that it prevents one from performing the essential elements of one’s job, then the reality of a career’s end and a change of vocation is one which is beyond mere words. But words and completing forms are what must be performed in formulating, preparing and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS or CSRS.

So, in the end, the integrity of correspondence occurs, despite what modern philosophy says — there is still, and will always be, a connection between language and reality, and that is clear and unavoidable for the Federal and Postal employee who must attempt to maneuver one’s way through the bureaucracy and administrative procedures of a Federal Disability Retirement case.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: Existence and Being

There is a distinction between existence and being; for the former is something which merely “is”, and over which one has no control over, or the capacity of which to have any input; while the latter is the composite of the essence of who we are — the coalescence of one’s past, present, and future potentiality.

Heidegger’s life work encompassed the attempt to describe the search for being, the revelatory recognition of it, and the systematic approach to unravelling the hidden fullness of being.  It is the difference between going through the motions, and living an authentic life.

That is how Federal and Postal employees often feel just before contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS — for the state of merely existing in order to trudge to work, in order to “get through the day”, only to return home, to sleep, to struggle, to regain one’s strength, energy and stamina for a reserve to be depleted for another day of work; such a process describes an existence, not a state of being.

That is also why scams and “get-rich-quick” schemes continue to successfully con so many — because most people consider themselves merely in a state of existence, waiting to be saved for a life of being, but mistake the conversion from the former to the latter as dependent and reliant upon more money, greater acquisition of wealth, and accumulation of property.  But it is good health and the ability to be pain-free, which forms the foundation for a true state of being.

Disability Retirement for the Federal or Postal Worker is a means of attaining a state of being where rehabilitation and escape from the treadmill of progressive deterioration is possible.  That bifurcation which Heidegger attempted to describe — between a state of mere existence, and the lifting of the veil upon Being — should be seriously considered.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: Getting the Right Nomenclature

Throughout the history of philosophy, there was a pervasive presumption that substantive questions concerning Being, Truth and Falsity, reality versus appearances — and a wide spectrum of similar conundrums wrapped within the mystery of life within a coil of the unrevealed physical universe and further complicated by the bifurcation of consciousness and the physical realm and the problem of dualism which it represented —  required a systematic approach of questioning, evaluating, analyzing and (hopefully one day) resolving.  In such a process, it was always important to apply the technical nomenclature in a systematic approach.

Then came the English analytical philosophers — culminating in Wittgenstein (although he was Austrian) — and it is only natural that it would be the English (who have always believed that Americans don’t know how to speak the English language properly, anyway) who dismissed all such philosophical problems as mere language difficulties.

Again, the problem of nomenclature.  Whether one accepts the demise of philosophy as merely a problem of language and language games, it is always important to recognize that in any endeavor, subject, issue, etc., utilizing the proper words, phrases and terminology is vital to precision in thinking.

Thus, when an individual is preparing to file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, it is important to understand that conceptual constructs belonging to one area of law are not interchangeable with other areas.  Usage of terms such as “Maximum Medical Improvement”, “Unemployability Rating”, “Inability to engage in daily living activities”, “On the job injury”, etc., and other related terms, may have little-to-no significance in a Federal Disability Retirement application.

On the other hand, usage and application of some evidence from one area of law may be successfully argued in another area; but that occurs only when, and if, the proper distinctions and truncated differentiations are applied.  In the end, perhaps the English analytical philosophers were right — analysis and correction of linguistic confusions constitute much of our problems.  But to admit to such folly would be to acknowledge that the sun continues to cast an ever-pervasive shadow from the colonialism of the old English Empire.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Technical Application of Terms

Wittgenstein’s contribution to Western Philosophy was twofold:  On the one hand, his insight into the role of language and how much (if not all, according to him) of philosophy’s substantive problems and complexities could be unraveled through the analytical dismantling of linguistic confusions, and secondly, the idea that philosophy as an academic discipline should not be given greater stature than any other — in other words, he believed that philosophy was a waning and anachronistic field which would eventually wither on the vines of history, and properly so.

While the undersigned disagrees with the latter assessment, it is the former contribution concerning “language games” and their import to society, daily living, and even to the technical world of legal jargon, which is of interest and relevance.  Lawyers necessarily have a “language game” of their own.  Within the peculiar universe of legal terms, the technical application of such “legalese” has direct and dire consequences if not understood properly and applied narrowly.

In the world of Federal Disability Retirement law, the term “accommodations” is often and profusely applied by agencies and Human Resources Personnel, but more often than not, in a loose and inappropriate manner.  Agencies bandy about the term, to wit:  “Mr. X. was accommodated by allowing for temporary light duty“; “We provided him with an accommodation by letting him take liberal sick leave and LWOP”; “Ms. Y was accommodated with instructions not to lift over her medical restrictions”; and other such implied applications of the term.

Which of the previously-cited statements constitute a technically correct use of the term “accommodation” within the context of Federal Disability Retirement?

Answer:  None of them.

Language games have inherently peculiar traits and rules of application; within the parameters of Federal Disability Retirement, too often the rules of usage are not complied with.  The consequences of non-compliance, unfortunately, is that Federal and Postal employees actually believe that they are being “accommodated”, when in fact they are not.

Further, believing that one is being accommodated by an agency may lead to the mistaken belief that one is ineligible for Federal Disability Retirement, when in fact one has always been eligible precisely because the agency cannot or has failed to provide a legally viable accommodation.  Look into the proper use of terms, and the technically correct application of terms.

In the end, Wittgenstein was right:  Language games reveal more about the competence of those who play them, than about the lack of precision exhibited by human behavior.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: An Aristotelian Approach

Aristotle’s Nicomachean Ethics has been the primary foundation for the Western paradigm of proper behavior in philosophy.  Quite distinct from his obtuse Metaphysics, the ethical framework of Aristotle takes a pragmatic, almost Confucian approach to correct behavior — balancing context, temperament, timing and correct behavior in formulating a modulated encompassment of how one should act.

As with all things in life, there must be a “balance” — and a recognition that time and relative context of affairs must be taken into consideration before one should act.  In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether one is under FERS or CSRS, one must similarly recognize that there is an insight into the balance of life before one can proceed with any action, whether it is an administrative action before the U.S. Office of Personnel Management, or before one’s own agency.

A Federal Disability Retirement application must be “proven”; as such, there is a distinction to be made between that which one “experiences”, and that which one can “prove”.

In such a context, sometimes a medical retirement packet may take some time in order to fully develop and evolve.

Doctors may not be able to be approached immediately; instead, at the right time, and in the right manner, they may be willing to provide the necessary medical and professional support in order to make one’s Federal Disability Retirement case successful and productive.

The pragmatic approach which Aristotle used in his ethics is still relevant today:  at the right time, in the proper context, and taking into consideration the temperament of others.  In this way, success can be attained by possessing an insight and wisdom into the world of human affairs.  This was the approach of Aristotle; and so it was with Confucius.

Sincerely,

Robert R. McGill
FERS Disability Attorney

Federal Worker Disability Retirement: Heidegger, Being, Essence and Value

Heidegger represents a culmination of sorts — of a philosopher caught in the historicity of his own time and making (with allegations of collaborating with the Nazi party), while proposing a methodology of modern philosophy which embraces the issues important to modernity — essence, value, and the meaning of one’s existence.

In this society of technological adaptation, where the separation of humanity from machines, and the chasm of isolation which expands exponentially, resulting in greater incidents of psychiatric desolation; it is important to pause and reflect upon the value of the human being.

For the Federal or Postal employee who has worked tirelessly to “advance the mission of the agency”, but who now finds him/herself with a medical condition which prevents him/her from performing all of the essential elements of one’s job — how does the agency act/react?  Does it manifest compassion, empathy, and most importantly — loyalty?

In order for the conceptual paradigm of “loyalty” to have any meaning, it must be bilateral — meaning, inclusive in both directions.  But too often, loyalty is based merely on “what has he/she done for the agency today?”  The meaning of one’s existence is too closely tied to one’s work; the value of human worth is too easily discarded when one’s work is disrupted; and the truth of one’s being is too readily revealed when a medical condition intersects and interrupts one’s ability/inability to perform one’s job.

Heidegger, in the end, was probably right; the “things” we do are mere distractions to the ultimate fate of our being; but in the meantime, we must continue to strive, to live.

Federal Disability Retirement is a benefit which exists in order to continue to live.  It allows for a Federal or Postal worker to continue in another vocation, and to have that rehabilitative period to focus upon the important things in life:  of health, of value, and of family relationships.  Don’t tie yourself too closely to some faceless agency’s “mission”; the first and primary mission is the worth of the individual human being.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: OPM’s Methodological Application

Since prior to the time of Plato’s Dialogues, the questions distinguishing between “appearance” and “reality” have pervaded Western philosophical thought, and through that tradition, to the common culture we inhabit.  What a person, entity, organization or group “appears” to do, think, become motivated by, etc., as opposed to the underlying teleological focus, the substantive “substratum” which, in the progressive evolution of philosophical thought, culminated in Heidegger’s explosion and unrevealing of true “Being” as being.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important to have a rudimentary understanding of the methodological approach of the agency one must deal with — the U.S. Office of Personnel Management.  To do so, as one might take Aristotle’s analysis, it is well to understand and evaluate “first principles”.

Yes, OPM is required to apply “the law“.  Yes, certain aspects of “the law”, such as questions concerning accommodations, whether a job offer was ever made by the agency; whether a case appears to have some semblance of situational disability; whether workplace harassment played a role in a Federal or Postal worker’s medical condition — all of these are “considered”.  But that is merely the “appearance” of how OPM approaches a case.

Ultimately, the “reality” of consideration focuses upon the effectiveness and persuasive efficacy of the medical report and records.  Where law, medicine, and common sense meet and collide, is where the reality of a Federal Disability Retirement case ultimately coalesces, and that is why the combination of what the medical evidence says, what the applicant states, and what the law argues, will be the deciding factors in the “reality” of a case, as opposed to the mere appearance.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: A Semantic Battle?

One may wonder, in any process of the stage of preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, as to whether an approval is based merely on a “semantic” battle with the Office of Personnel Management.  

Inasmuch as a submission of a Federal Disability Retirement application to the Office of Personnel Management is a “paper submission” (yes, I know, we are quickly moving towards an age of paperless technology, but you know what is meant by the term), and no actual presentation or contact will be made with the personnel at OPM (unless it goes to a Hearing before an Administrative Judge at the Merit Systems Protection Board); as such, the query is sometimes posed as to whether it is merely a semantic battle.  

In the days of Plato and Aristotle, “lawyers” were called “sophists” or “rhetoriticians” — thus, the modern terms of “sophisticated” or “sophistry”, and “rhetoric” or “rhetorical”.  Either or both of the terms imply a negative connotation, that through semantic sleight of hand, one can be fooled into being persuaded to adopt a certain viewpoint or opinion.  

While it may be true to a certain and limited extent that obtaining Federal Disability Retirement benefits under FERS or CSRS may involve some semantic quibbling, the underlying substantive basis in granting or denying a Federal Disability Retirement application, either under FERS or CSRS, continues to remain in “the law” — based upon statutory and regulatory criteria, upon legal opinions from cases decided by the Merit Systems Protection Board and the U.S. Court of Appeals for the Federal Circuit.  

While “how X is said” may have some persuasive effect, it is ultimately still “what is said” that retains the most powerful impact.  Substance over appearance still wins the day — the identical philosophical concerns of Plato and Aristotle continues to remain true today.

Sincerely,

Robert R. McGill, Esquire

Federal & Postal Service Disability Retirement: The Level of Objectivity

I was trained in Philosophy, first; obtained my undergraduate degree in Philosophy; then went on to graduate school to study Philosophy.  Somewhere along the line, I decided to switch lanes and go to law school.  However, the training I received in philosophy — of symbolic logic; of the analytical discipline of evaluating the logical consistency, force, soundness and validity of argumentation and methodology of argumentation, has remained with me throughout my legal career.  In recent years, I have found that logic, validity, soundness of arguments, and consistency of argumentation, has become a rare breed.  Whether this has more to do with a greater lack of rigorous education, or the belief that there is little to distinguish between “objectivity” and “subjectivity”, I do not know.  I do know, however, that there remains, even today, a sense of the “integrity” of an argument.  An argument’s integrity is found in an objective, dispassionate description of a case. 

That is the role of an attorney — to give the narrative of the Federal Disability Retirement applicant under FERS & CSRS a sense of proper context, a picture of objective validity, and a substantive presentation of the issues which are relevant:  medical, life, impact, occupation, and the intertwining of each issue with the others, without undue and over-reaching emotionalism which can often undermine the very integrity of the narrative presentation.  

Sincerely,

Robert R. McGill, Esquire

Doing Philosophy and Law

Is wisdom determined by the answer, or the question? Or is the circularity of such a question in and of itself the key to its own answer? How does one attain a state of character, a state of being, such that one has become “wise”? Is this even a relevant question anymore? Are men today attempting, through a life of virtuous activity, to attain a sage-hood stature? Should that not be the goal of each man? Have we become so lazy that we no longer aspire to such a status? I once had a professor who began the class by telling us that he was not interested in our opinions; we had no right to opinions until we gained sufficient knowledge to form such opinions. That systematic methodology is no longer upheld today; with deconstructionism and the post-modern view that all opinions are equal; that relevance and weight of logical force, recognition of facts, truth, and validity – all are subjugated to the overarching primacy of the value of “equality”.

But despite the subjugation of Truth to relativism; the absolute anarchy of ideas today, where blurring of distinctions between facts and opinions, between a logically sound argument and an emotionally-charged slogan of vacuity – the primacy of truth may still emerge, when the extreme of mediocrity is once again recognized. I am always profoundly struck, each time I reread Aristotle, by the sheer force of his wisdom. For example, meditate upon the following excerpt from Book III, Chapter 1, (995a – b) of Aristotle’s Metaphysics:

We must, with a view to the science which we are seeking, first recount the subjects that should be first discussed. These include both the other opinions that some have held on the first principles, and any point besides these that happens to have been overlooked. For those who wish to get clear of difficulties it is advantageous to discuss the difficulties well; for the subsequent free play of thought implies the solution of the previous difficulties, and it is not possible to untie a knot of which one does not know. But the difficulty of our thinking points to a ‘knot’ in the object; for in so far as our thought is in difficulties, it is in like case with those who are bound; for in either case it is impossible to go forward. Hence one should have surveyed all the difficulties beforehand, both for the purposes we have stated and because people who inquire without first stating the difficulties are like those who do not know where they have to go; besides, a man does not otherwise know even whether he has at any given time found what he is looking for or not; for the end is not clear to such a man, while to him who has first discussed the difficulties it is clear. Further, he who has heard all the contending arguments, as if they were the parties to a case, must be in a better position for judging.

At its most fundamental level, of course, the doing of philosophy (if there is such a thing) is nothing more than the pursuit of wisdom – to love knowledge, to go after paradoxes and thought-provoking conundrums; to love wisdom for the pure joy of meditative challenges; and part of that process is to confront those ‘knots’, those difficulties; for it is the tackling of those difficulties beforehand which then clears the path for greater knowledge. In this day and age, knowledge is no longer revered; intellectual laziness abounds, for the individual believes that that which he does not know, he can always google. But you cannot google the untying of a knot; you must take the time to attain knowledge by meditating upon the untying of knots; and in that process, one is doing philosophy.

Prior to becoming an Attorney, my first love was Philosophy. I studied Philosophy at Catholic University, then went on to the Graduate School of Philosophy at the University of Virginia, where I had the opportunity to study under Richard Rorty, who was in the Humanities Department at the time. But the practical problems of life intervened, and to become an Attorney was, for myself, the perfect melding of an intellectual component with the practical aspect of being able to make a living. It was a knot of life which I contemplated for quite some time; now, twenty years later, I love the life of law; of the intellectual component of researching Court opinions; the logical component of making sound legal arguments; and the practical aspect of actually helping my clients secure their financial future by obtaining disability retirement benefits for them. And during these twenty years, I have had the freedom to continue to read philosophy, to meditate upon multiple philosophers – from Plato and Aristotle, to Kant, Heidegger, Wittgenstein, Popper, Putnam, et al, and to continue to untie the bounds of knots, within the loving circle of my wife and three wonderful kids.