Federal & Postal Disability Retirement: Weight of evidence

When you walk into a room full of people, how does one differentiate, define, separate and discern?  Remember that once-popular fictional work entitled, Tarzan of the Apes by (originally) Edgar Rice Burroughs?

There is a scene (whether from one of the various versions depicted on screen) where young Tarzan is surrounded by a crowd of “civilized” individuals staring, prodding, looking on with curiosity — and the young man who had been brought up in the wild lacks the capacity to compartmentalized the sudden bombardment of overstimulation, and runs amok amidst the finery of a social setting.

How is it that we learn to differentiate and categorize from among the massive aggregate of stimuli directed at us?  Do we, as Kant posits, impose mental categories upon the chaos of the world?  How do we learn to determine the “weight” of importance, significance or even of relevance upon the various activities that surround, impart and become directed at ourselves or around and about our purview?

And in the legal context, how do we know what weight of evidence should be submitted, and how to organize it into a priority of relevance?

You know the old joke — or is it merely a “trick”? — Of telling a person to “listen carefully,” and misleading the listener into thinking that the question you will be asking concerns the number of people left, when in fact you are deliberately misguiding them, saying: “Now 5 people entered the elevator and it went up 2 floors, then 3 people got off and 5 more got on, then the elevator went up again 2 more floors, where 1 person got on and…”.  At the end of the “story”, the question posed is not, “How many people are left?”, but instead, “What floor are you on”?

The evidence for both are there; it is the weight upon the relevant information that was missed.

Or, of that eccentric oddball who watches an action-packed movie or episode, and at the end of it, while everyone is commenting about this or that favorite scene of explosions, mayhem and bad-guy-got-his-due scene, the odd-man-out says, “Yes, I thought that the person who wore the yellow tie should have retied it, because it was a bit crooked.”

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, it is important to recognize the weight of evidence, the relevance of the information submitted to the U.S. Office of Personnel Management, and the significance of guiding OPM into viewing the evidence with a roadmap of persuasion.

Legal memorandums that delineate the evidence compiled, argue the law that is persuasive, and preemptively organizes the basic components in answering “why” a client is eligible — nay, entitled — to Federal Disability Retirement benefits, is important in light of the variety of evidence being submitted, not only by the applicant, but also by the Agency or the Postal Facility (which is not always favorable).

Is the Federal Disability Lawyer you have consulted or are about to consult, doing this?

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement from OPM: Purposive sequence

Are all things in a sequence “purposive”?  If you are walking in the countryside and come upon a horse, a man and a pig, in that order, was there any “purposive” meaning in the sequence met, or was it random and a reflection of the chaos of the universe as a whole?  If it had been in a different order — say, you first came upon the pig, then the horse, and finally the man — would there be a question as to either the sequence or the meaning of the sequence?

Now, take a different hypothetical, where you come into a child’s room who is engrossed in fantasy and play, and the child has a sequence of stuffed animals: Again, they are in a line of a stuffed horse, a doll of a man, and a large plastic pig, in the very sequence you encountered while out in the countryside.  You laugh and say to the child, “Oh, that’s very peculiar, I just came across those three in the identical sequence you have them in.  Of course, it is just coincidence, but nevertheless odd.”  The child smiles, turns to you and says, “Of course it’s not a coincidence.  The horse is the most beautiful creature in the universe, and therefore comes first; the man is the cleverest, and therefore should be second; and the pig is the smartest, but since intelligence should come after beauty and be placed below being clever, he comes third!”

In such an instance, did the fact that a purposive assignment of intent change the sequence and the meaning ascribed?  In other words, did the “human” explanation as to the sequence presented alter the objective foundation behind the orderliness of the universe, or does it yet remain in chaos except for the subjective ordering by the child?  Or, is Kant correct in positing that the chaos of the universe is internally ordered by human categories structuring the outside world, and left without such subjective impositions, we would never be able to comprehend the disordered universe?

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, it is important to engage in a purposive sequence of completing the Federal Disability Retirement application.

The medical condition itself is chaos enough, as it impacts one’s life and livelihood, but it is the medical condition that becomes the center and foundation of a Federal Disability Retirement application, whether the Federal employee is under FERS, CSRS or CSRS Offset.  From the chaos imposed from the objective world, a purposive sequence must be countered from the subjective universe of the Federal or Postal employee, and that purposive sequence must begin with the chaos of the unordered world itself: The medical condition, from which all else naturally and artificially proves the case to the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation for OPM Disability Claims: Fair Games

It depends upon how you read the concept, which word or syllable you place the accent or emphasis upon, doesn’t it?

In one sense of the concept, it has to do with games found at the county or state Fairs — you know, where cotton candy is sold and prizes are awarded for the largest potato grown or the fattest pig shown.  In another sense, it is in contrast to its opposite — of games where you have a good chance because rules are imposed and upheld, as opposed to “unfair” games where the proverbial deck is stacks against you.  It is in this second sense of the term that we apply.

Fairness itself is a difficult concept, precisely because of its malleability.  One concept of fairness is an arguable delineation based upon rules, perspectives, and even perhaps of cultural backgrounds.  Rules themselves can be attacked, and are “fair game” when it comes to disputatious boundaries, where there are essentially none to circumvent.

You can argue that such-and-such a call was unfair, and that obnoxious fan sitting next to you might counter, “But that’s within the rules of the game,” and you might then counter to the counter, “Then the game is rigged and the rules are unfair!”  What would be the counter-answer to the counter of the counter?  Perhaps, to say: “Listen, buddy, I don’t make up the rules.  It’s fair by definition if everyone who plays the game has to play by the same rules.”  Is that the silencer — the conversation-stopper — that cannot be argued against?

But what if everyone theoretically has to “play by the rules of the game”, but the rules are administered in a lopsided manner?  Is that what makes the game “unfair”?  Isn’t that what fans the world over complain about when the umpire, for example, sets the “strike zone” (or in other contexts, the “foul zone” or some such similar animal) too wide for some pitchers and too narrow for others?

Or, wasn’t there something like the “Jordan Rule” where a certain player was allowed to take an “extra step” (or two or three, for that matter) and no “traveling violation” was called, because the beauty of his fluid movements surpassed and transcended any “rules” that might disrupt the mesmerizing effect of such human defiance of gravity right before our eyes?  Could you imagine what an uproar that would have caused, where the player-in-question flies through the air with such acrobatic display of gravity-defying beauty, slam-dunks the ball to the rising wave of appreciative fans, and a whistle is blown — and the basket is disallowed?

That awkward motion that the referee engages in — you know, where both hands are balled up into a fist and made into a circular motion, indicating that a traveling violation has occurred — and then pointing to the scoring table and telling them to subtract the 2-points just previously awarded…is it “fair”?  Should fairness sometimes be overlooked when beauty-in-mid-flight entertains us to such ecstatic delights?

For Federal employees and U.S. Postal workers who suffer from a medical condition, where 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, life often begins to appear as if “fairness” is no longer an applicable rule — for, is it “fair” that one’s health has deteriorated despite doing everything to take care of it?  Is it “fair” that others seem to have lived a life of excess but seem not to be impacted at all by the abundance of maltreatment?  Is it “fair” that others appear to be receiving favoritism of treatment, while your Federal Agency or the Postal Service appears to be targeting you for every minor infraction of the “rules”?

Life, in general, is unfair, and when a Federal or Postal worker seems to be the target of unfair treatment because of a progressively deteriorating medical condition, it may well be time to prepare, formulate and file an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Life is often unfair in general; but when it comes to applying and enforcing “the Law”, it is best to consult with an experienced attorney, especially when seeking to obtain Federal Disability Retirement benefits through OPM.  And like the “Jordan Rule” concerning extra-rule-violation treatment, it is best to make sure that your attorney makes the Rules of the Game enforced — and fair.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation for OPM Disability Claims: Mountain climbing

Whether for the exhilaration of the activity or the sheer confrontation of the challenge looming, it is a sport that captures the imagination of the fitness-enthusiast, the romantic and the eccentric loner alike.  It is the sport that engages the competitive spirit not against another’s ability or the coordinated capacity of large teams having practiced together, but against the inert heights of peaks and impervious rock faces that show no emotion as to one’s success or failure.

Mountain climbing has many phases and stages, both of skill and type; of a walk along a trail; a hike up an incline; or for the serious contender, the challenge against the fear of height and failure.  Is the challenge against one’s own fear?  Is the thrill that of attaining that climber’s high where energy is suddenly released and the conquering senses are suddenly embraced by the thrill of nature’s impassive will?

There are mountains to climb, and some of us do it in the physical sense, while the rest of us contend with the metaphorical mountains that need to be climbed each and every day.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition itself is the mountain to climb, it will often become necessary to go on to the “next level” of the climb itself, by preparing, formulating and filing for Federal Disability Retirement benefits, to be submitted through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

For some, mountain climbing is an actual physical activity; for the rest of us, it is a metaphorical application that reflects the strenuous life challenges beyond ordinary encounters of daily living.  For Federal and Postal employees who suffer from a medical condition where the medical condition itself prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, it becomes more than a metaphor — it is, instead, the obstacle that prevents, no less than the peak that abuts before the first step is taken for the mountain climbing enthusiast.

Sincerely,

Robert R. McGill, Esquire

 

Legal Representation on Federal Disability Retirement Claims: Then, forgotten

To die is forgivable; to be forgotten, not so much.  Perhaps that is why the 15-minute rule of one’s fame is so important to most people; that, to be “appreciated” in a life-long struggle just to remain relevant makes fools of us all, and the basis upon which con-men and scams continue to effectively play their course.

It is, of course, the “then” that matters – that prelude to the state of being forgotten, that defines what a person’s life was, remains, and will continue to be in the future amongst and amidst the remainder of a family, friends and acquaintances left behind.  For, the long and wide expanse before the “then” constitutes a life lived, the experiences encountered and the salacious intertwinements amassed; in short, it is what a person is remembered by which the definition of a life well lived and the cumulative amalgamation of challenges met.  Then, after all is said and done, the person is forgotten.  Oh, for a time, not entirely, perhaps.

In the painful memories left behind with family; of a legacy foretold and secured; but then, even those relatives, friends and loved ones slowly fade away into the eternal trash bin of history’s unnamed tombs, and then, forgotten.

Why else do people wave and try to get noticed when television cameras are rolling?  Or try and get that footnote published in the Guinness Book of Records?  Is the innate fear of becoming forgotten so powerful as to make fools of old men and not merely excusable because of youth yet unfettered?  Is it so important to be secured in the knowledge that someone, somewhere, in some footnote or esoteric reference that history will record, will annotate an accomplishment, an event or some memorable deed that we did; and, even if that were to happen, would not the same result occur – then, forgotten?

History is full of forgotten men and women – even those who have been recorded in the annals of relevant history.  How many battles and wars where young men just beginning the journey upon a life filled with potentiality and the first kiss of love, cuts short a future yet unlived, and instead becomes buried in the timeless echoes of a graveyard unrecognized?

For Federal employees and U.S. Postal workers who fear the dictum of “Then, forgotten”, either with the Federal Agency or the U.S. Postal facility, or just among the colleagues once worked with, the plain fact is that too much focus upon the “forgotten” part of the equation undermines the precursor prior to the “then” part.  There is always life after a career, and greater experiences beyond the work one has done.

Preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted (ultimately) to the U.S. Office of Personnel Management, whether under FERS, CSRS or CSRS Offset, should not be based upon any fear or unwillingness to “let go”; instead, it should be based upon a recognition that health and getting better is, and should always be, a priority that overrides the fear of one’s own fragile mortality.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Service: Profiles in Discourage

It is, of course, an obvious play off of the 1957 Pulitzer Prize winning work (publication date of 1955), describing 8 U.S. Senators who displayed courage in the face of criticism (an inherent oxymoron?).  Whether or not, and to what extent, Kennedy himself wrote the work (Ted Sorenson, John F.’s speechwriter, finally conceded in his 2008 autobiography as much) has become historically irrelevant, for the legend has become the man, and has replaced the truth of clear lines that once constituted the demarcation between fantasy and reality.

Ancient references to “Camelot” and metaphors about some obscure “torch” being passed through a generational transfer of linguistic fluff, have all cumulatively obscured the stark nakedness of that which makes people and events accountable.  The irony of real life always goes well beyond any fictional attempt to deceive; at least, by designation ascribed, we know what to expect of the latter; but then, there wouldn’t be anything like irony without the absurdity of the former.

Look at the recent allegations of the murky money-trail from Malaysia as the source of funding for the movie, “The Wolf of Wall Street”; how much more deliciously ironic can it get, where a movie depicting blatant corruption is paid for by the very manner in which the moguls of Hollywood are allegedly attempting to make a point about?  What prompted the short-cutting which undermines the title of the work credited to the 35th President?  Is it merely the old adage that the “ends justify the means” — and that not writing a work but claiming its authorship is allowable because the greater good of fame and the road to the presidency will account for such deception?

It is, in the end, the title itself which makes for the irony; for, in a work which describes the integrity and character traits of the subjects within, it is precisely the lack of such which presumes a contradiction without.  And that is the connection with Federal employees and U.S. Postal workers of today — for the entities which employ them represent the “official” face of this country, and yet the way they treat Federal employees and U.S. Postal workers when Federal employees and U.S. Postal workers suffer from a medical condition, such that the medical condition prevents him or her from performing all of the essential elements of the Federal or Postal position, reflects upon a discernible and palpable profile in discouragement (the suffix is added to make the sentence grammatically correct, although poetic license has been taken in the caption of this blog with the title, “Profiles in Discourage” in order to remain consistent with its alter-ego of the work by JFK and Sorenson).

One could argue, of course, that because there is the statutory right of all Federal employees and U.S. Postal workers to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset, therefore any maltreatment or mistreatment of a Federal or Postal worker based upon the medical condition becomes a moot issue.

But that is precisely the point — treatment of the Federal employee or U.S. Postal worker in the process of engaging the long and arduous bureaucratic process of filing an OPM Disability Retirement application, should reflect an integrity of cover-to-content.  For, in the end, it is not the cover, nor the first impression which matters, but like the historical characters which are insightfully described in the book itself, the title should always match its claimed authorship.  But, then, of course, we would be left without the delicious irony of man’s daily folly.

Sincerely,

Robert R. McGill, Esquire