Disability Retirement for Federal Employees: The arbitrary life

Some would counter that it is a mere tautology; for, life itself is arbitrary, and the very definition of arbitrariness consumes the conceptual construct of living.  Thus does the subject subsume the predicate, and vice versa; or, in this case, the adjective and the noun.  But of course it all depends upon how we define both the adjective and the noun.

Do we mean by “arbitrary” that things just happen without a cause, and that there is no “Grand Designer” that intervenes as in the old Greek plays where the expectation of a deus ex machina would always appear to make everything “right”; or merely that we didn’t know, were unaware, and simply the alteration of life’s sequence of anticipated events appeared suddenly and unexpectedly?  And of “life”, do we mean in general, or a specific incident, carved out with special significance, from all of the other sequential and incremental compendium of events that aggregate the entirety of one’s consciousness of that which constitutes the “history” of a living being?

Those who believe in an omnipotent being, of course, cannot concurrently hold that life itself is an arbitrary phenomena, unless by that one means merely that one cannot have the same omniscient perspective as the Grand Designer of Fate.  If arbitrariness is meant to encompass randomness, and that the universe is a mere series of unanticipated events, then the question becomes:  Is it the lack of anticipation, or the randomness of events that constitutes the bulk of arbitrariness?

For, the human capacity to anticipate events unfolding is fairly unlimited.  Yes, it takes time, study, research, effort of cognitive insight, etc., in order to engage a process of anticipatory predictability, but that is a price one has to pay in order to subvert the anxiety of the unexpected.

For Federal employees and U.S. Postal workers who suffer from an arbitrary trauma of life — another way of describing an unexpected medical condition (for, who in his right mind “expects” a medical condition, unless one is a statistician or a pessimist of the highest order?) — it may be time to consider 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.

Yes, this too will possess some components of the arbitrary life — as in whether the Federal or Postal employee’s Federal Disability Retirement application will be approved or not; but such arbitrariness can be somewhat controlled by seeking and following the advice of an attorney who specializes in such matters.

For, in the end, part of the solution in tackling the arbitrary life is to anticipate the random events that are unexpected, by controlling those peripheral and tangential issues that increase the odds of predictability.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: Procrastination and delay

The former denotes an active passiveness, while the latter connotes the former but may also include objective circumstances beyond the subjective input or control over the consequences resulting, whether from external forces, internal influences or a combination of both.

What compels one to procrastinate?

There can be a number of factors — of secretly not wanting to proceed; of the proverbial kicking the can down the road; of wanting to extend the known quality of the present and resisting the unknown quality of an uncertain future; or perhaps, just simple laziness.  Of the latter — of delays in a process, or of results expected — this can be because of actions taken or not by others, and a whole host of reasons not known by the expectant party.  Thus, for a delay to occur, much of the circumstances often cannot be controlled; of the former, most, if not all of it, is within the purview of one’s influence.

Further, it is often the monsters within that loom much larger than the reality without, and that is often true of things we anticipate we will not like, and of obligatory mandates that may be inevitable objectively but resisted subjectively.

For Federal employees and U.S. Postal workers who are contemplating the necessity of 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, it is often that initial step that is the most difficult one to take.  And like that Chinese proverb that is often quoted, the journey of a thousand miles must begin with the first step, so it is likewise true that procrastination of that initial step is the one that prevents all subsequent steps and actions from being taken.

Procrastination is within the purview of one’s self; delays, beyond one’s control, or at least some part of it.  To overcome the obstacle of one’s self, it may be wise to consult with an attorney who specializes in Federal Disability Retirement law, so as to first understand the process of what it takes to file with the U.S. Office of Personnel Management, the intricacies involved and the requirements needed to meet the legal criteria for a Federal Disability Retirement application to “pass muster”, to realize what initiating steps are necessary, and to recognize whether the fears that delay are the ones that are merely in one’s own mind, or whether the pathway forward is as onerous as the fears that paralyze.

Sincerely,

Robert R. McGill, Esquire

 

Federal Medical Retirement under FERS & CSRS: Plato and Play-Doh

If a person says to another, “Have you used Play-Doh” and he answers, “Well, yes, but only as it applies to certain situations in my life.  Otherwise, I tend to rely upon Aristotle in a more pragmatic, scientific approach.”

Somewhat taken aback, the inquiring mind restates his position, saying, “No, no, I meant, have you played with Play-Doh?” Still not distinguishing between the inserted alternative of a consonant (the “D” in Play-Doh as opposed to the “t” in Plato), the responding individual states again, “Well, conceptually Plato is difficult to ‘play with’, as you state it, in that you have to first understand the conceptual paradigms he posits, then…” and the same person goes on to provide a full-fledged, half hour dissertation on the esoteric aspects of a Dead White Irrelevant Philosopher (otherwise known by the acronym, a “DWIP”).

At this point, frustrated, the inquisitive interrogator walks away, throwing his hands up in complete confusion and befuddlement.  What does one do?  How is the incommensurate encounter resolved?  Question: Does the fact that we “hold” in the base of our minds a certain spelling of a word make a difference as to intent and deliberative motive, when what we “speak” out into the objective world makes the receptor of the word, phrase or sentence interpret it as something different from that image that we behold in our minds?

How does one close the chasm between subjective thoughts and objective reality?  Do we approach it in a different way – and does the problem really remain in the subjective domain of the questioning individual insofar as he or she is unable to, incapable of, or otherwise unwilling to alter the originating course of his posited query?

In other words, shouldn’t the person have restated his conceptual query in the following manner: “Oh, I see.  You must have misunderstood.  I am talking about ‘Play-Doh’ – the clay-like substance that we all used to play with as children, and I thought I saw some when I visited your house the other day.”  To which the responder should appropriately state, “Ah, I see now.  You must excuse me. I am concurrently reading Plato’s Dialogues and I mistook your question to be referring to that.”

It is, then, the capacity to listen carefully, to recognize the response given, then to respond back appropriately and relevantly that often dissipates any compelling reason to become frustrated.

Similarly, for Federal and Postal employees who are attempting to respond to the U.S. Office of Personnel Management’s subsequent queries, or even in response to the Statement of Disability’s questions (SF 3112A) that need to be answered, the Federal or Postal employee who is attempting to formulate an effective Federal Disability Retirement application must take care in bridging that gap between subjective reality and objective communication.

There are many “tricks” to the “trade”, and OPM has probably dealt with them all; but the one trick that OPM cannot ultimately ignore, is the tricky web of legal precedents and prior MSPB and Federal Circuit Court decisions that compel them to act in ways that they cannot forego.  Legal argumentation is an art form that should not be ignored, and whether you are asking about Plato or Play-Doh, remember always to include in any Federal Disability Retirement application an effective legal argument that persuasively argues the legal precedents applicable in your case.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Employees: Understanding

The Master asks one of his two dogs, “Where is ___?”  If the second pet wags her tail, looks quizzically at the owner, then proceeds to go to the far end of the next room and locates the wandering misfit and barks to you that she has found him – do we disbelieve?  If the same question were to be asked of one’s child in reference to a sibling, and the identical result occurs where the first child goes into another room or runs up into the attic and locates the lost soul, would there be any doubt?

Same circumstances, identical behaviors, concurrent results; merely different mammals within the genus of species, and yet we disbelieve because of arrogance and pride of self-worth.  Why is it that we refuse to attribute understanding to non-human entities despite clear evidence to the contrary?  Is language defined by grammatical rules of construction retrospectively applied, and does that constitute a basis for refusing to allow admittance into the colony of intelligence “clubs” of exclusivity we have created based upon rules of comprehension we have paradoxically constructed?

The rules constituting grammatical comprehension and technical application came subsequent to language itself; for, no one believes that Man sat down eons ago and decided to set down rules of linguistic conveyance, upon which the growing population then began to follow.  No, conformity to such constricting paradigms were initiated, instituted and concretized when society recognized that there were differences in parochial intonations, and those who had nothing better to do decided with arrogance and ivory-tower nose-lifting that correct idioms of speech needed to be recognized, applied and adhered to.

And what of animals?  So long as the working paradigm consisted of our self-image as just below the angels and above the burdens of beasts, we refused their eligibility to the elite of elasticity in language and comprehension.  Yet, despite all of the convoluted attempts at avoiding acknowledgment and recognition that “to understand” is nothing more than the behavior following an utterance of speech, the pragmatism of daily life refutes our own methodology of exclusionary conduct.  For, in the end, it is merely the impact of speech upon behavior in a given society, whether that indicates a “human” world or a “dog” universe.

For Federal employees and U.S. Postal workers who are considering 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, the question of “understanding” before “acting” often becomes a vicious circularity resulting in non-action:  The complexity of the legal tangles in Federal Disability Retirement law tends to make the Federal or Postal employee pause; failure to act in preparing, formulating and filing a Federal Disability Retirement application serves to exacerbate one’s condition, which leads to greater stress and turmoil; non-action results.

The key is to recognize that “understanding” – not even “complete understanding” – is necessary.  Rather, it is often the subsequent initiation of acting following a verbal commitment that is the only real test of understanding.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Benefits: The reef beneath the lagoon’s surface

In every worthwhile venture, there is the inherent danger of failure, and more often, of encounters with obstacles while enduring the process.  Some are apparent; others, hidden like the reef beneath the lagoon’s surface, of the jagged formations from sediments deposited and coagulated through time and shifting tectonics of unseen tidal forces.  That is the greatest of dangers – of a peaceful hue by a lagoon in its invitation on the surface of beauty; yet, beneath, lurking unknown and unrevealed, ready to tear the undersides of an unsuspecting boat as it enters into waters mysterious in its captivating picturesqueness.

If only life were always defined by mere appearances; we would never have to stop and reflect, pause and contemplate, or resist the urge to jump head first into shallow waters that seemingly reflected a pool of depth beyond mere sparkling mirrors of a sunlit afternoon.  But that is not how real life, in real time, amidst real people in a real world, works.

And we all know it; except, perhaps, for those shielded children who can actually have a childhood of carefree days and cool breezes in an afternoon where fields of rye still allow for the catcher to stand just at the edge of the cliff, and safely deposit any wayward souls who may wander to the danger’s end.  And like the unseen reef beneath the surface of the seemingly tranquil waters of the lapping waves softly upon the lagoon’s invitation, life embraces, often maims, and forever destroys if unaware and stepping without trepidation of purpose.

For Federal employees and U.S. Postal workers who are considering 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, it is that unseen and unsuspected reef beneath the lagoon’s surface which must be considered before stepping into the still waters of the bureaucratic process.  For, while the waters may be quiet today, who knows what obstacles, dangers and dalliances of pitfalls will lurk about tomorrow?

The legal and administrative process of preparing, formulating and filing an effective Federal Disability Retirement application is replete with multiple unknown and unseen dangers; from legal issues arising in areas of accommodations, reassignment, varying manners of termination; to compiling the medical evidence such that it meets with the criteria for eligibility as set by statutes, case-law and OPM regulations; the compendium of the entire venture may appear simple.  It is anything but.

And like the reef beneath the tranquil surface of the sparkling lagoon, being invited to enter into those unknown waters may be tempting for the Federal or Postal worker who must file for Federal Disability Retirement benefits; but resist the initial temptation and consider being guided through those treacherous waters, lest the cautionary preface to dire consequences may fall upon the jagged reefs of life’s uncharted vicissitudes of disastrous results.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Service: Life’s burdens

In chaos, where does one find refuge?  One suspects that for children of modernity, the escape into the virtual world of computer games, Internet conversations, constant checking and updating of profiles, and the entire gambit of projects unrelated to the reality surrounding, is that very reservation of constancy which is needed by all.

Life has burdens; parents have an obligation and duty to contain and protect throughout those crucial periods of growth; but what happens when parents have never known the stability of life’s promise and become parents even before being ready themselves?   Do they, as well, have the leisure of becoming lost and transfixed upon the unreality of a virtual universe?  It would seem so, just by mere observation of local lore, of walking down any street in the country and seeing seemingly mature individuals transparently ensconced in a trance beheld by a mobile device.

Life has real burdens; upon birth, there was never an accompanying set of detailed instructions as to how to “deal” with them; and, in the end, it is questionable as to whether any generational transfer of wisdom could be imparted within a society where independence is encouraged and separateness of lives is demanded.  In a society where age determines adulthood, where division defines maturity and fissures constitutes the unassailable stamp of approval in becoming independent and partitioned; neighborhoods are merely so defined because of their antiseptic aggregation of nearness by cluster, and not because anyone is expected to actually interact with one another.

No, there is no such thing as sharing the burden, or lessening the load which one encounters in the course of living a life.  It is, indeed, an absurdity – and Sartre’s play, No Exit, reflects upon that issue, as we are born without asking, live without a means of filing an appeal, and die with souls extinguished without value or worth of knowing.  Knowing what?  Of that certainty of teleological embracing as in foregone eras, when faith, trust and a sense of belonging defined a life.

One may scoff and say that all of that is mere tripe; that there never was a time before when society breathed as an organic unit and life lifted burdens within the constancy of sustained relationships.  Even the old places are now being destroyed, and one sees the devastation of sectarian wars and ravages of inherited hatreds in countries where wealth and technology has not quite arrived, but where family units were still fairly intact.

For the Federal employee or U.S. Postal worker, life’s burdens become exponentially magnified when a medical condition begins to impact one’s ability and capacity to perform the essential elements of one’s job.  When that situation arrives, it further alienates and separates, especially in a society which trumpets the virtues of independence, when in fact it merely identifies the loneliness.

Preparing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, is one avenue to undertake, especially when it becomes clear that neither the Federal Agency nor the U.S. Postal Service is going to do what communities and neighborhoods of yore once did – of caring by providing an “accommodation” for one’s medical condition.

For, in the end, just as there was never a set of instructions accompanying a newborn’s life, so there is very little information “out there” for the Federal or Postal employee whose career may come to an end because of a medical condition, except for specialized areas of legal help which serves to lift some of life’s burdens in the process of preparing, formulating and filing an effective Federal Disability Retirement application, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The effect of nature’s muse

The connotation is often in the quiet reflection of silence; but other references can embrace any of the nine daughters of Mnemosyne and Zeus, and as each presided over various arts or sciences, so the inspiration or guidance we receive is spiritual or otherwise from an unknown source of creativity.  Have you ever walked through a forest and come upon a clearing where the light suddenly opens upon a spot of heaven?  That is the effect of nature’s muse.  Or of a sudden realization that the darkness overwhelming as a burden upon a donkey’s back, is lifted without explanation and released with but an unspoken pardon?

Much of life and living involves sadness, decay, dominance of fear and trepidation of anxiety; and so when deliverance from devastation comes in slices and paper cups of limited portions, we drink thirstily as if the starvation of life’s travails imprisoned our very existence for an eternity of hell.

We often suspect that gods and goddesses laugh at us from on high, behind corridors shuttered and tree limbs cascading; and in the hint of nature’s muse, we wonder whether it is all “worth it”, as if value is embedded in the secrets of Tibetan mountains.  But as the guru who drives a Rolls Royce but speaks the language of a spiritual monk winks at the followers who would grant comfort and bespeak of secret incantations reserved for the spirit of folly, so the rest of us suspect that there is something inherently wrong with the world at large.

There are always “dark forces” gathering, conspiracies mounting, and greater inequities planned for the lives of the “common folk” – who almost always includes you and I, but never the guy on television.  Does nature indeed have a sense of humor, a glint of glee or a mirth of pardonable satire?  Or is it as cold and impervious as Darwinians would have us believe?  Better were those days when hobbits, goblins and elves could be believed; where the moon was more than just mere lifeless rocks and dirt; and unnamed spirits roamed the earth.  But of nature’s muse, we can still attach our own joy, the inner warmth we still possess and the jewel of a private soul we still retain.

For Federal employees and U.S. Postal workers who yet seek to become released from a private hell involving a medical condition and the persistent deterioration wrought from an inability to perform one or more of the essential elements of one’s Federal or Postal job, the preparation and filing of an effective 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, is often like a realization that the effect of nature’s muse is like that sudden clearing one accidentally wanders upon in a forest full of darkness; it is only when there is a spot of light which provides for hope, that value is rediscovered, and that search and discovery may be attained in the very process of preparing, formulating and filing for Federal Disability Retirement benefits through OPM.

Sincerely,

Robert R. McGill, Esquire