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

 

 

Attorney Representation for OPM Disability Claims: Shedding

It is nature’s way of getting rid of the old and replacing it with the new.  Sometimes, however, nature is slow in its processes and the environment surrounding doesn’t quite keep pace with the steady progress of unresponsive mechanisms — as in the horse’s winter coat that remains for weeks despite the sudden heat wave that overtakes the region.

There is the shedding brush that is often used for dogs and horses; the circular metal implement hastens the stubborn fur and hairs that remain despite the blazing heat wave that comes suddenly upon us; but perhaps nature is more attuned towards experiences in the vicissitudes of weather, waiting patiently, biding its time with a knowing smile that wintry days of the residue of cold and cool temperatures may yet follow upon a week of unseasonably warm temperatures, and maybe that’s why the unshed fur and follicles that remain are still clinging yet in order to make sure that summer is the real summer to stay, as opposed to those Indian summer days that wax and wane.

We are impatient in our response to the environment.  We want to rush ahead despite all of the warnings and signals that Nature lays before us — and so the stubborn clumps of winter coats cling desperately against the shedding brush that shears too soon.  It is our way of subverting nature regardless of what Nature is trying to tell us.  That is often what a medical condition does as well — of pain signaling our pace of recovery; of anxiety foretelling that it is too soon to return to the environment of stress; of nightmares and insomnia warning by expiating foreboding images within a stress-filled condition of life.

For Federal employees and U.S. Postal workers who suffer from a medical condition where the medical condition is preventing you from performing one or more of the essential elements of your Federal or Postal job, it may be time to begin shedding those factors which are contributing to your worsening health.

Perhaps the job was not the originating basis or reason for your medical condition; and, perhaps your Federal or Postal career was once a significant factor in your daily motivation to continue to strive each day.  However, when a medical condition becomes exacerbated by the very elements of the job, or there exists an inconsistency between your cognitive or physical capacity to perform all of the essential elements of the job, then it may be time to prepare, formulate and file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether you are under FERS, CSRS or CSRS Offset.

Shedding is nature’s way of adapting to a changing environment; shedding is also an artificial means of recognizing the necessity for change, and when a medical condition is no longer consistent with the positional elements of a Federal or Postal job, it is time to consider shedding the job itself in order to regain the health that is nature’s priority, as it should be for you.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation Federal Disability Retirement: Bureaucracies

It is an amalgamation of penultimate collectivism; based primarily upon the concept that centralization constitutes efficiency, bureaucracies exist for the sake of a mission long forgotten and forever compelling the existence of its own justified creation.  They have histories, and often historians to record and annotate the accomplishments of their own beings; and the people who work for them speak about them in objective tones of third persons.

Every now and again, a newly-hired employee will bring about a fresh sense of enthusiasm, of new ideas and different ways of doing things; but after a time, each such newbie of fresh growth begins to wilt, like flowers that bloom for a season and then die an expected and predictable death, only to wait for another to take its place.

Bureaucracies tend to do that to their own population – wilt them, kill them, stamp out any newness that might sprout for a brief moment.  And to those outsiders who require the services of a bureaucracy – well, always remember that the bureaucracy will always last longer than even the great period of the dinosaurs.

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits because of a medical condition that prevents the Federal or Postal employee from performing one or more of the essential elements of one’s positional duties, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the exposure to a bureaucracy may be the first time; or, perhaps the Federal employee (and certainly the Postal employee) works within a bureaucracy him/herself.  In either event, suddenly being an “outsider” looking in, as opposed to an “insider” looking out, will be a new experience.

It is good to remind one’s self during this process of preparing, formulating, filing and waiting upon the “bureaucracy of bureaucracies” –- the U.S. Office of Personnel Management – that long after the Age of Dinosaurs passed and became extinct, and long, long after global warming or other such identifiable calamitous event will have altered the face of the universe, OPM and other bureaucracies will still be here.  What a thought to ponder.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The Venting Venue

It is a necessary doorway (or so we are told) in order to attain sound psychological health; that, within the raging furnace of subsumed consciousness, of passions suppressed and grievances left unstated but yet seething beneath the subterranean caverns of unspecified aggregations of cumulative powder kegs confined by bloated egos, there remains a need for the fissure to emit the toxicities of life.  Or not.

The content of such emissions, of course, can never be challenged; it is only the context which should be questioned, in this age where subjectivity rules, the personal pronoun delegates, and the sacrosanct opinion of the “I” overcomes any Aristotelian residue of logical argumentation.  Venting is healthy (or so they say), and therapeutic, to boot.  And that which is both therapeutic and good, must by self-definition be unquestioned by any moral compass of historical certitude basked in tradition.

Thus, diatribes against parents are open game; vitriol against mothers, step-mothers, and especially mother in-laws are quite fashionable, and validated if spiced with an acerbic wit which only the unwitting can discern; and, certainly, the general population of parents, bad parents or parents who dared to restrict, set limits or otherwise constrained the alleged creativity of choice, lifestyle optioning and declarative innuendos of rejecting tradition and historicity of values, must be publicly flogged until the defamation of insensitivity is squeezed out of each, and where only the silence of conformity prevails, so that all traditions are banished into the timeless trashheaps of lost civilizations.

Perhaps it is good to vent; but when the “how”, the “where”, and the content-consciousness of “what” is left unconstrained, the issue is no longer whether, but if wisdom should properly channel it.  A stream flowing in front of a house, quietly lapping over the gentle smoothness of moss-covered rocks, may paint the picture of a serenity wrapped in the quietude of a morning mist; but when such waters turn into a raging turbulance and rise to levels which engulfs the rural solitude of a farmer’s self-sufficiency, the stream is then no longer the lifeline of gaiety and childhood warmth of memories unsheathed, but a warning that even the dreams of a butterfly can turn like a viper with fangs previously unseen.

For Federal employees and U.S. Postal workers who need to file 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 proper preparation of an effective OPM Disability Retirement application should never be used as the venting venue for one’s solace or therapeutic health.  That should be left for another day, a different doorway, and a separate pathway for healthy living.

It is, indeed, the things stated in that moment of anger, actions embraced in a fit of rage, or hurts flung as self-defeating propositions, which one comes to regret.  The Federal Disability Retirement application, by contrast, must be objective, thoughtful, forceful in its argumentation and legal methodology of analysis and evaluative content, and never to be deemed impotent as a result of a venting venue of unnecessary contextual lapses.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Paradigms abandoned

Of course, the most significant discussion concerning the shifting of major paradigms in the intellectual sphere of human advancement, occurs in Thomas Kuhn’s work, The Structure of Scientific Revolutions.  The concept of a “paradigm” shift, of adhering to a hypothetical model despite evidentiary incommensurability with the reality of an impervious and objective world; of a theocratic insistence upon a geocentric explanation despite factual calculations pertaining to a heliocentric reality; of bloodletting in medicine based upon the foundational paradigm of the bodily balance of humors; and, in personal lives, of how things “ought to be” as opposed to what actually are.

The farther an issue is removed from a direct impact upon one’s life, the easier it is to discuss it and arrive at conclusions based upon a rational discourse of commensurability.  Life lived as art is far more convenient than when the dreariness of engaging in the proverbial “reality check” must be faced in the mirror of one’s life.  Rarely does one apply a “scientific” approach when evaluating and assessing the reflection in a mirror; that is always left to the laboratory phase of one’s bifurcated life of compartmentalized delusions.  Yet, paradigms are precisely how we live; we just may not call it that, nor the foundation of our own actions in that manner.

Do we proceed based upon the expectations of others?  That, then, is a paradigm of objectified influences upon our motivational structure.  Are decisions primarily based upon an instinctive reservoir of emotional turmoil?  Consider, then, the paradigm of that lesser construct of our soul as identified by Plato in delineating the greater whole by comparative analysis between the state of one’s inner workings and that of the state itself.  In the end, the most telling factor in determining the essence of any human being, is not necessarily by the paradigms by which one adheres, but in the very ones which have been abandoned.

For Federal employees and U.S. Postal workers who suddenly find that a medical condition will likely cut short a promising and lengthy career, the abandonment of a paradigm must by necessity become an integral part of the process.  For, the attachment to the conventional perspective cannot be underestimated; the belief that career should override all other concerns, including one’s own health; that future retirement is to be dictated by an imagined age of demarcation where competence and inertia rules by physical necessity; or, that the “mission of the agency” is the priority at all costs, including one’s own health and well-being.

Whatever the paradigm upon which the basis of motivational irrationality subsists, the facing of reality will clash when the progressive deterioration resulting from an unexpected and chronic medical condition prevents the Federal or Postal employee from continuing any longer.

Filing 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, becomes an inevitability when the proportionality between reality and the conceptual construct of a paradigm insisted upon becomes incommensurate; but, then, Kuhn had already warned us of that eventuality, as well as the fact that a paradigm abandoned is tantamount to a revolution conceived; we just kept believing that the tectonic shift was meant for the “other guy“, and never for ourselves.

Sincerely,

Robert R. McGill, Esquire

 

Medical Separation from Federal Government Employment: The Life of Clichés

Use of cliches allows for minimal effort of expression; the very loss of originality, of benefit derived from utterances overused but generally understood, and the utter dependence upon past acceptance of declarative thoughts without needing to consider the applicability of the conceptual connotation — these allow for laziness to wander throughout a thoughtless platitude.

The aggregate of a linguistic universe, however, is one thing; to live a life of cliches beyond merely stating the obvious, is to embrace, engage and ultimate believe in them.  “Life’s lottery has left me bankrupt”; “This is merely the quiet before the storm“; “All is fair in love and war”; “The writing is on the wall”; and as the heuristic methodology is forever forsaken, the thoughts one expresses become molded into the very character of one’s life and manner of living, with the consequential quietude of a static and emotionless construct, leading ultimately to a negation of that which defines what it means to be human.

The automaton of life’s requirements tend to beat down the creativity we are born with; as we were once “diamonds in the rough”, so the long journey of difficulties faced throughout the trials of daily toil, incrementally and insidiously wear upon us, until one day we look in the mirror and the reflection reveals eyes which stare back in a vacuum of human suffering not known in those days of former innocence.

Once, we laughed in the company of our siblings as the ocean waves rolled over the fragile sand castles we built without fear of impending doom, and not knowing was a vanguard of happiness, where delight in one another was yet unconsumed by the worries of economic turmoil and complexity of adulthood; until we somehow “grew up”, lost our sense of direction and compass of fortitude, and slowly allowed the heavy atmosphere of fear, trepidation and anxieties of living overwhelm us.  We became a walking cliche.

For Federal employees and U.S. Postal workers who must face the reality of such a situation, especially when a medical condition begins to prevent the Federal or Postal employee from performing the essential elements of one’s Federal or Postal positional duties, the need to file for Federal Disability Retirement benefits becomes more and more of an urgent requirement.  Working for a Federal Agency or the U.S. Postal Service, whether under FERS, CSRS or CSRS Offset, is in and of itself a challenge; what with the pressures of budgetary cutbacks and insistence upon squeezing blood out of a stone (there we go again), it becomes all the more unbearable when a medical condition is introduced into the equation.

Filing for Federal Disability Retirement benefits through one’s Federal agency or the U.S. Postal Service may sometimes seem like waving the proverbial white flag of surrender; but, often, that is the only alternative left, unless the Federal or Postal employee wants to become the modern-day version of a walking zombie, devoid of any real life left to live.

Ultimately, all Federal Disability Retirement applications must be decided by the U.S. Office of Personnel Management, whether submitted first through one’s Federal Agency or the U.S. Postal Service (for those Federal or Postal employees not yet separated from service, or not for more than 31 days), and it is often a daunting administrative process full of bureaucratic pitfalls.  But the alternative is to merely live a life of cliches, where you must never lose track of time, and filing in the nick of time is important, lest you fail to be as clever as a fox, but hopefully, where all is well that ends well.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement from the U.S. Office of Personnel Management: Continuity of Care

Most things in life require a continuity of care.  Yes, projects will often have an inception date, and termination point where, once completed, no further maintenance of effort is required.  But other concerns require further and elaborative engagements beyond the linear horizon of attendance, including:  teeth, dogs, children, marriages, and Federal Disability Retirement benefits.

When a Federal employee or U.S. Postal worker obtains that vaunted and desirable letter of Approval from the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, the tendency is to think that one may then fade into the proverbial sunset, ever to receive a Federal Disability Retirement annuity and focus upon one’s health, medical conditions and the medical care required.

But then there comes additional contacts from OPM — perhaps not for a few years; perhaps not for a decade.  But the potentiality of the contact is there, and one must lay down the framework of preparatory care in order to respond appropriately.  If not, what will happen is this:  A fairly innocuous request for employment information can result in a termination of the disability annuity, based upon a “finding” that you have been deemed medically recovered.

That “Final Notice” from the Office of Personnel Management does, fortunately, allow for Reconsideration rights, as well as further rights of appeal to the U.S. Merit Systems Protection Board.  Additionally, there is a proper methodology for responding to OPM, to enhance and greatly ensure the continuation of one’s Federal OPM Disability Retirement benefits.

Wrong steps can lead to negative results; unresponsive panic without proper legal argumentation can have the unwanted consequences of an unnecessary loss of one’s Federal Disability Retirement annuity.  The best approach is always to respond with the legal armaments and arsenal one is provided with, and to maintain a continuity of care for preserving one’s Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire