Federal Disability Retirement Representation: The problem perspective

Does “positive thinking” actually work?  Or, is it one of those pithy approaches to life, where the “throwaway” line is used to dismiss unpleasantries and negative influences that might otherwise disprove the obvious — that life is difficult enough without listening to the difficulties of others?  Then, there is the “problem perspective” — of seeing everything as a problem as opposed to a solution or opportunity, and to see the world as a glass half-empty in contradistinction to a half-full universe.

Objectively, of course, both descriptions reflect the same objective reality; the contention is that “how” we view the world (i.e., our subjective perspective upon the world around us) influences the manner in which we approach the objective world in deliberating, solving, resolving, tackling problems, embracing situations, etc.

The “problem perspective” describes a person who sees everything from the vantage point of a problem.  It is all well and good, of course, to speak about having a “positive” frame of mind when things are going well; it is when actual, objective problems and difficulties arise in one’s life, that the “real test” of whether “positive thinking” works comes into question.

Objectively, of course, one could argue that, whether one possesses a “positive” mindset, a “negative” perspective, or a somewhat neutral approach, the outside world (that “noumenal” universe that Kant referred to) cares not a twit about what we “think” (i.e., the phenomenal universe that Kant distinguished — the one that we actually have access to) about it — for, it still exists whether we have a positive, negative or neutral perspective, anyway.

It is when the objective world impinges upon the subjective perspective with an undeniable negation of the positive — as in, a medical condition that debilitates and makes for a painful existence, whether physically or cognitively — that the test of whether a “positive” outlook works, or whether a “negative” perspective makes a difference, tests our daily lives.

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 approach one takes may indeed make a difference with a real distinction.  Yes, the end of one’s Federal or Postal career may be coming; and, yet, the Federal Agency or the U.S. Postal Service may well move to terminate you based upon your growing inability to perform one or more of the essential elements of your Federal or Postal job.

In the end, such a “problem perspective” is a very real one, and becomes a problem precisely because there is a combination of both the “objective” world (the medical condition itself) and the “subjective” one (what to do about it; the next steps to be taken; the decision to be made, etc.).

Preparing, formulating and filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, may not only be the best “next step” to take — it may be the “only” one in the sense that all other options are undesirable: to stay and suffer; to resign and walk away without doing anything; or to prepare, formulate and file an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management.

In the end, all “problem perspectives” need a positive solution, and preparing, formulating and filing an effective Federal Disability Retirement application is the best and positive solution for a Federal or Postal employee needing to resolve the problem perspective where one’s medical condition no longer allows for the fulfillment of all of the essential elements of one’s Federal or Postal position.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Something happened

Beyond a mundane declaration of befuddlement, it is also the title of a novel by Joseph Heller — his second novel published some 13 years after the successful first one that most people remember him by:  Catch-22.

It lacks the surrealism of the first novel; the absurdity of tragic events unfolding distinguishable from the logical and sequential manner in which we see the world, turned upside down by images of madness countering the reality of the insanity around.  The genre of the absurd — depicted in such movies as “Life is Beautiful” and in works such as Catch-22 — attempts to unveil the underlying insanity beneath the veneer of a world acting as if normalcy abounds.

Other movies that attempt to portray the absurd might include Sophie’s Choice, where the main character (played by Meryl Streep) keeps going back to the comfort of her insane boyfriend because that is the more comfortable reality she knows, having survived the insanity of the Nazi death camps.

But long before the genre of the absurd came to the fore, there was the brilliant short story by Cynthia Ozick entitled, The Shawl, which has been noted for bringing out the horrors of the holocaust through a medium — the short story — that captures the essence of absurdity and the surreal in a mere few dozen pages.  The story is a small bundle that reverberates so powerfully that it overshadows any subsequent attempts at depicting life’s absurdity.

Catch-22 elevated the absurd to a consciousness that brought further self-awareness of the unreality of the real — the Vietnam War — and tried to unravel the insanity amidst a world that tried to explain the event as something logical and sane.

Something Happened —  a book about a character who engages in a rambling stream of consciousness about his childhood, job and family — is perhaps more emblematic about the life most of us live:  seemingly logical, yet interspersed with events, reminiscences and memories that are faulty at best, and far from perfect.  The title itself shows a greater awareness of our befuddlement — of not knowing “what” happened, only that it did, and the inability to control the events that impact our lives.

Medical conditions tend to be of that nature — of an event that we have no control over, and yet, we are aware of its “happening”.  For Federal employees and U.S. Postal workers who have come to realize that something happened — a medical condition; a chronic illness that simply will not go away; a traumatic event that has had residual consequences which are continuing to impact; whatever the “something”, the “happened” part still resides.

Such recognition of the “something” will often necessitate the further recognition that it is now time to prepare, formulate and file an effective Federal Disability Retirement application, to be filed through the U.S. Office of Personnel Management, in order to secure a future that is presently uncertain.

Consult with an experienced attorney who specializes in getting Federal and Postal employees Federal Disability Retirement benefits, and take the necessary steps to ensure that the “something” that “happened” is not one more tragedy in this tragic-comic stream of consciousness we call “life”.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: Contested lives

We hear of such terms in specific linguistic contexts; of a “contested” divorce, or that a variable version of a testimony or evidence has been “contested”; or that the results of a certain race or game has been contested.  If you drop the affix placed after the stem of the word (i.e., the suffix or the “ed”), and emphasize the first syllable, it becomes a noun; whereas, if you engage in the identical mental exercise but intone upon the second syllable, it becomes a verb.

As a noun, it is normally relegated to a challenging game, a sport or perhaps some duel; when applied with the second word in the title above, it takes on a wider meaning that encompasses an endless spectrum and, unless further delineated, undefined in a disturbing way.  If denoted in a general sense, as in the statement, “All lives are contested,” the generic meaning loses its force; for, it is a truism which is rather inane in that, yes, all lives have facets of contested issues, and in that sense, it becomes a “meaningless” statement of trope and triviality.

Yet, that truism is something which we all experience.  When one hears the complaint, “Life is a series of conflicts and is a contest of endurance,” we nod our heads and know exactly what that means.  We all recognize that our lives encompass a consistent effort to contest (emphasis on second syllable), and that the contest of life is to endure (emphasis on the first syllable); and we must persevere to contest it (again, emphasis on the second syllable).

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 truism that there are contested lives is a simple fact.  It is not just a matter of going to work – rather, it is going to work with a medical condition.  It is not just going to work and doing one’s job – it is, moreover, doing that and contending with a medical condition, as well as the growing harassment from coworkers, supervisors, and the Agency and Postal Service as a whole.

Preparing an effective Federal Disability Retirement application, to be ultimately submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is also a matter of a contested life – for the bureaucratic process with OPM is an embattlement of sorts, and it only reinforces that inane, trite and trivial aspect of the statement, “We all live contested lives.”

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Law: The unsolvable dilemma

Most of us live linear lives.  It is a characteristic of Western Civilization that the thought-processes involve a sequential, step-by-step, logical extension and advancement.

Much has been said about this approach, in contrast to an “Eastern” philosophical methodology, where there is a “circular” mind-set that often involves the complexities of reincarnation, capacity to assimilate inconsistent, incommensurate and seemingly incompatible belief-systems – and, indeed, to even describe the “other” as a “methodology” is an oxymoron of unfair proportions, for it is more of an amalgamation of acceptance without hesitation – like the symbiosis of Shinto and Zen Buddhism in Japanese culture.

Such an approach – of a straight line from Point A to Destination X – that reflects the essence of the Western culture, including Continental Europe, the British linguistic solutions and the U.S. pragmatism that dominates, leaves us with an emptiness when we encounter and engage the unsolvable dilemma.  Perhaps that is the primary deficit in “our” approach, as opposed to the “other” one.  For, in attempting to think always in a linear fashion, we become frustrated when the solution cannot be figured out or otherwise consummated.

A problem left unsolved is one that we consider to be a failure of sorts, because the pragmatism of Western thought requires that all problems have solutions; it is a paradigm that has been ingrained in the DNA of our very being and essence.  But life doesn’t quite work in that way, does it?  There are unsolvable problems – where we just have to accept what “is” and move on with the deficit of a solution.

Medical conditions comprise one such class of such unsolvable issues.  We like to think that the “science” of medicine provides for a cure through complex and technologically modern treatment modalities for every identification of diagnosed maladies; but it quickly becomes obvious that many medical conditions simply do not have a linear resolution.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal employee or U.S. Postal worker from performing all of the essential elements of the Federal or Postal job, the linear approach of Western Civilization often will not work.  There is an incompatible friction that quickly arises between the Federal agency and the Postal facility, and the Federal employee and Postal worker.

Often, the only “solution” is an exit via filing an effective Federal Disability Retirement application, submitted for consideration ultimately to the U.S. Office of Personnel Management.  Does it “solve” the problem?  Not really.  For the Federal or Postal employee, the medical condition continues with him or her after separation from the Federal workforce; and for the agency or the Postal facility, the loss of a formerly valuable and productive employee invested in for those many years, cannot easily be replaced.

But getting a Federal Disability Retirement annuity is a compromise of sorts; it allows for the Federal or Postal employee to seek other opportunities in the private sector, and to attend to the medical conditions with greater focus; and for the Federal agency and Postal facility, it allows for employment of another, more healthier worker who can fulfill all of the essential elements of the job.  Nevertheless, it remains an “unsolvable dilemma”, to be relegated to the “Eastern” approach, and leaving a void to the “Western” perspective.

Sincerely,

Robert R. McGill, Esquire