Lawyer Representation OPM Disability Retirement: The arbitrary life

What defines arbitrariness?  Is it when there is a lack of pattern, or does our own input of misunderstanding or lack of comprehension determine the defined formlessness of the world around us?  Is Kant right in his implications – that the “noumenal” world that is outside of our sphere of cognitive input remains unknowable, arbitrary, unfathomable and unreachable, and it is only by the categories of internal psychological structures that we naturally impose upon the world, make sense of it, and “order” it so that we are thus able to comprehend it, that such an understanding between the bifurcated universes of the phenomenal world we comprehend and the noumenal world we can never grasp defines the penultimate concept of that which is arbitrary?

And what of the “arbitrary life” – is it merely that which we do not understand, or is there more to it than that?

Most people live lives that establish a consistent “pattern” of progression.  Thus do old sayings go: “A person is a communist in the morning, a radical in the early afternoon, but if he is not a conservative by nightfall, he has never grown up.”  Or even of the implicit response of the Sphinx: “a man who is four-legged, then two, then three” – implies a systematic progression, then degeneration of sorts; in other words, a pattern of life-cycles.

And we expect a blue-print of what it means to live a “successful” life – of education, work, family and career, where there is a consistent increase in wealth, wisdom and weariness of strangers that continues to expand and grow.  But what if there is an interruption to that “pattern” or “blue-print” that everyone expects?  What if misfortune befalls, bankruptcy is added or divorce, death or even a hurricane and flooding descends upon one’s life – does the unfortunate event suddenly make one’s life an arbitrary one? Or, what about the Federal employee or U.S. Postal worker who must suddenly face a medical condition, such that the medical condition no longer allows for the Federal or Postal employee to perform all of the essential elements of the Federal or Postal job – does that make the interruption of life’s constancy suddenly into an ‘arbitrary’ life?

The definition of that which makes X arbitrary is always related to the “randomness” of events; but for human beings, it is indeed the perspective one has and the calm within a storm that influences whether the objective basis of that which is arbitrary is influenced by the subjective approach of a person’s life.

For the Federal employee or U.S. Postal worker who must consider filing 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, the initial steps in preparing a Federal Disability Retirement application may determine, objectively, the future course of the Federal Disability Retirement application itself, as to whether it was “arbitrarily” compiled or systematically composed.

Like the orchestra that has an off-tune instrument, the symphony created will determine whether one’s Federal Disability Retirement application is a crescendo of progression, or merely a disturbing sound of failure.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation for Federal Disability Claims: “Too busy to…”

It is the accent and the inflection upon a syllable that sometimes makes all the difference.  Take the following examples:

“I am too busy to…”

“I am too busy, too.”

The extra consonant in the last word makes all the difference; for, in the former statement, if it is stated in response to a call for help, it dismisses the request by informing the other person that one is simply unable to offer any assistance.  In the latter response, the subtlety of the answer should not be overlooked.  For, it is a statement of one’s own conglomeration of activities; it is not a refusal or even a rejection of a request; rather, it merely describes the current state of parallel universes that may or may not still allow for lending a hand.  Thus:

“Hey, Jim, can you lend me a hand?”

“I am too busy to.”

(Outright rejection)

Or:

“Hey, Jim, can you lend me a hand?”

“I am too busy, too.” Nevertheless, Jim walks over and lends his assistance.

Can a single consonant make such a difference?  Without the written word, can the mere inflection, intonation and syllabic accent of a lingering “o” allow for the subtlety of differences otherwise unseen except with the written word?  Would it make a difference, if it was stated in a southern drawl, a foreign accent or in “broken English”?

When one pauses and considers the consequences of language and its effects upon discourse, it makes one pause and shudder, that even in this age of Twitter and abbreviated language compositions and the irrelevance of grammar upon our daily lives, that distinctions can still cause a difference.

Are such modulated intonations significant?  Perhaps they are rarely, if ever, “life changing” events, but nevertheless can effectuate confusion or miscommunication such that disagreements may arise.

Language is the tool of communication and the effective conveyance of thoughts and conceptual paradigms.  This is important to remember for Federal employees and U.S. Postal workers who are considering preparing, formulating and filing 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.

For, in the end, it is the written word that is the sword of a triumphant Federal Disability Retirement application, or the injury that defeats the same, and whether the extra consonant may make the difference depends upon the effectiveness of the rest of the application.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Keeping it together

Living in modernity is a complex juggling act that never ends.  Simplicity recollected in former times often harken towards an idealization that perhaps never existed, where toil, labor and survival were a coalescence of a person’s life, and meaning was never divorced from what one was engaged in, the acts of striving, the struggle to earn a living.

Modernity magnifies Marx’s observation that human discontent is a result of separating man’s labor from the self-esteem of accomplishment, where the factory worker sees merely a microcosm of monotony but never possesses the self-satisfaction of any meaningful end to the assembly-line of life.

Instead, today we are a fractured sort, running like the proverbial chicken with its head cut off (and we don’t even quite understand what that means, anymore, as no one lives on a farm to understand that when a predatory owl comes swooshing down and severs the upper portion of a cock-a-doodling bird, the feet continue to pedal forward even after the headless horseman is taken away), awakening, rushing, being dazed and in a trance to view the multiple screens of a Smartphone, the laptop, the desktop and being directed by electronic voices of commandeering vehicles, parking barometers and driverless vehicles to merely observe as bystanders in a world gone mad.

Credit crunch, debt overload, children brought into the world without direction or means, and droughts, famine and wars and rumors of wars beyond; it is a burden just to try keeping it together, these days.

Promises have been made for decades plus of technology granting a reprieve both in time, effort and human toil, and the time for leisure which the totalitarianism of oppressive modernization has detailed has somehow never come to fruition.  Work, and more work; overtime; the juggling of family time, work, filial commitments and more work; and we can “have it all”, or so they keep telling us.

Email was supposed to undercut the need for the snail’s pace of the Postal Service, but now we are bombarded with an exponential quantification of that which we used to open with a mail opener, inserting carefully into the edge of the fold and slicing gently so as not to spoil the contents within; and somehow that very act of ancient and tactile connection between the eye, the hands, the metal implement and the organic material of an unopened letter gave it a personal bond of sorts, even in a mechanized office setting.  Today, it is merely one more click of a computer button to open up the electronic mail.

“Keeping it all together” – is it possible, anymore?

Then, when you consider an unwanted intruder – a medical condition both unexpected and unforeseen – is it any wonder that things quickly fall apart.  For Federal employees and U.S. Postal workers who find it difficult to continue in one’s chosen Federal or Postal career, when the medical condition no longer allows the Federal or Postal employee to perform all of the essential elements of one’s Federal or Postal position, it may well be time to recognize that the fundamental basis of keeping it all together rests upon the ability 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.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Dostoevsky and impassioned monologues

Does anyone read such an author, anymore?  At least, once one is beyond the assigned reading list and mandatory college compulsions that allegedly define those who are “educated” as opposed to not, does anyone perform the act out of pleasure?  Or, perhaps we would consider it more like self-torture.

Once the diploma is rolled, handed and received upon the platform of recognized accolades for accomplished feats now disseminated throughout all levels of society, where “blue collar” or physical labor is no longer perceived as acceptable and everyone must be subjected to the torture of reading Dostoevsky and his impassioned monologues that seem to meander forever upon a single scene, does anyone pick up a copy of such titles as, The Idiot, or The Brothers Karamazov, or of that “classic”, Crime and Punishment, and take valuable leisure time to plod and plug through such lengthy paragraphs upon puzzling paragraphs of reflective self-aggrandizing streams of consciousness?

Did a former generation or beyond really think like such characters, or is there something uniquely troubling about the “Russian” culture such that the depths of such rich history encompassing misery, war, poverty, the tension between power and the powerless, the tradition of the Czar and the more authoritarian lineage of Stalin, the current power structure, etc.?

Perhaps the Russian people can relate more readily with such authors and comprehend the scenes of reflective streams of long-winded monologues that can only be characterized as “impassioned” and tumultuous by any standard of emotional fervor.

There are, however, such similar examples in narratives prepared for a Federal Disability Retirement application, written by Federal employees and U.S. Postal workers in response to the questions and queries posed on SF 3112A, Applicant’s Statement of Disability.  Such impassioned monologues tend to include a lengthy history of past wrongs committed (i.e., Crime and Punishment); a journey describing tremendous upheavals and pain (i.e., The Brothers Karamazov); and of character caricatures that depicts a lack of focus and streamlined narrative (e.g., The Idiot).

Most of us claim to have read Dostoevsky; some of us make the further and surprising admission that we have “enjoyed” him; and some few of us actually continue to pick up his translated works and persist in reading him.  However, such pleasure-reading should be uniquely sequestered for the late-night fireside restorations, with a glass of wine or other inebriant to counter such impassioned monologues, and certainly only within a proper context of applicable content, and formulating such meanderings in a Federal Disability Retirement application by the literary device of stream of consciousness is not the “winning” mechanism to obtain a Federal Disability Retirement annuity.

Keep the focus and maintain a streamlined narrative in creating the nexus between the medical condition, the positional duties of the Federal or Postal job, and the impact between the two, and leave Dostoevsky and impassioned monologues to yesteryear’s literary classics rarely read, uncommonly desired, and never quite understood.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Benefits: Messy lives

In those Eisenhower years with residual trails into the following decade, we had those perfect television paradigms – of “Leave it to Beaver”, “Father knows best” and “My Three Sons”, while the world around began its transformational process.

Hollywood decided much later that they needed to be at the forefront, leading social change and forcing cultural avant-garde transitions even if merely experimental and questionable for any positive good.  That decision is in stark contrast to the turmoil of the 1960s and 70s, where the staid and stodgy traditionalism of television series barely reflected the reality of the deconstructionism occurring in real time.

Somehow, those old sitcoms provided a paradigm of perfect lives and traditionalism that secured hope for the rest of us; for, the reality is that, like Dutch’s childhood and the rest of us, we grew up with messy lives, and paid the price for the rest of time to try and correct it and match it as against the paradigms of a reality that never was.

Medieval theological arguments always include the notion that, we would never have an idea of perfection unless there was some entity in the objective world that matched such a concept.  It is merely an extension of Plato’s argument for Forms, where the particulars in the physical world are mere imperfections striving to compare to the ultimate conceptual constructs of inviolable Forms.

That is often the problem with comparisons and arguments by extension; they make of our lives unsatisfying, precisely because we can never meet the expectations of others, let alone those we construct in our own minds.  That is why medical conditions can be so insidious; we possess and carry around with us those Platonic Forms of perfection, and when the reality of a medical condition prevents us from completing the career, the project, the lives we believe we were meant to live, the dispossessing trauma of realizing that we fell short results in a despondency because we set up paradigms of expectations that never were.

The question often left unanswered is:  What are the values involved?  What do we believe in?  What constitutes reality, as opposed to a fantasy based upon unrealistic expectations?  Isn’t “health” the priority of life?

If so, preparing an effective Federal Disability Retirement application by Federal employees and U.S. Postal workers when a medical condition begins to prevent the Federal or Postal worker from performing the essential elements of one’s position, is the next logical step based in a reality-basis of an imperfect life.

Whether under FERS, CSRS or CSRS Offset, the fact that medical conditions further add to messy lives is no matter; we all have messy lives, and whatever fantasies we held on to when we enjoyed those old favorites, ignoring the problem never solved anything, and perfection should always be left to Platonic Forms in the dialogues of angels whispering among the heavenly orbs that remain hidden in the esoteric pages of those theological arguments long shelved in the monasteries of libraries long forgotten in the dusty bins of rotting books.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The cog in the process

Does perspective have an influence upon one’s approach in engaging an endeavor of any sort?  For instance, does it matter whether or not the cynic and the one who sees the world consistently as “half-empty” or unwittingly cruel, nevertheless succeeds at every turn and venture?  Or, conversely, of the person who always has a “positive attitude” and sees good in every corner, but nevertheless fails at every attempted feat; did “perspective” and viewpoint make a difference?

Perhaps life requires a balance between the two, and such extremes on a spectrum of outlook is never a healthy thing.

In the end, does it matter whether or not we see ourselves as an insignificant cog in a wider process of unending turmoil, or as an Oprah-like shining star where we persuade ourselves that we matter as a mere cog precisely because the loss of a singular and unique “you” would have a devastating impact upon the well-ordered universe where the gods watch upon each hair of our scalps and wait to quiver with laughter when we express our hopes for relevance?

We often “feel” like a cog in the process – even if, on a more objective and brighter viewpoint, such an analogy and imagery represent an inaccurate put-down of major proportions.

That is the problem with bureaucracies – seen from the “other” side, our involvement in an administrative procedure invites us to ascertain that which we always suspected:  Stand in line; be assigned a number; be asked for standard information and data; a stamp is pounded upon a piece of paper and … “Next!”  What constitutes the accurate portrayal of our point of being caught within a world devoid of normative constructs, anymore?

This generation of youthful cadavers have it the worst, of course, as there is no longer a belief to die for, a value to live by, nor an encounter that can pass for pure friendship without an underlying suspicion that more is intended.

For Federal employees and U.S. Postal workers who are considering preparing an effective Federal Disability Retirement application to be filed with the U.S. Office of Personnel Management, whether under FERS, CSRS or CSRS Offset, the entrance into the social club of the “cog” is just beginning.  OPM is a vast juggernaut of an administrative process, and the miniscule feeling one will be exposed to, presented with and suddenly thrown to the bottom of a pitiless cauldron will become evident from the very beginning.

That “feeling”, however, should never be confused with the relevance, importance and significance of preparing one’s Federal Disability Retirement application properly and to a perfection made to order, at least as much as humanly possible.

For, in the end, to be a cog in the process does not mean that one should become processed as a mere cog; rather, that the line which extends around the block and down into the next needs to be acknowledged, yet prepared sufficiently such that when that call for “Next!” comes your way, all of the papers, relevant data and significance of evidence are in undiluted order, such that the cog in the process will flow smoothly when next your turn is up before the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Law: The cruelty of our nature

Note that we are not positing that nature in general is cruel; for, in nature, predatory behaviors and devouring of one another is merely a tautological definition of nature itself, in the constant balance between prey and predator, betwixt overpopulation and dominance of one species over another, etc.  No, the “our” refers to a specific species – of the human kind.

Whether engendered and triggered within our genetic predispositions, or as Rousseau and Locke would have it, spurred on by the artificial constructs evolved from the social contract created for self-preservation, there is little denying that “our” nature is the cruelest of them all.  Little evidence needs to be pointed at in order to establish the case proving such a perspective – of wars, treatment of others, disregard for fellow members, neighbors and even strangers; no, the cruelty of our nature betrays the inherent meanness of our selves.

Yes, yes – there are always sociological and anthropological explanations – of mistreatment by a structural and inherent canopy of defiance; people left without hope for any future; lives destroyed by government regulations and other societal pressures; wars driven by sectarian and genocidal triggers further explained by economic changes and shifts of monetary and global policies; and of the rise of dominance by a few over the general populace.

There is little doubt that we are cruel because of who we are – at the top of the food chain, everyone struggling to merely survive.  Yet, it was always the belief that within us, there was a spark of the angel – of being just above the beast, and slightly below the heavenly orbs where wings of perfection remain yet to strive for.

When medical conditions erupt, necessitating the Federal or Postal employee to prepare, formulate and 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, it is well to keep in mind the cruelty of our nature – not necessarily in ourselves, but in the capacity and human capability of acting upon it by revealing to others the vulnerabilities caught in the web of our own genetic predispositions.

Care needs to be taken in protecting privacy; never underestimate the reactions that might occur by a Federal agency or the U.S. Postal Service; and always bear in mind the wisdom of Shakespeare, who recognized the cruelty of our nature, “As flies to wanton boys, are we to the gods.  They kill us for their sport.” King Lear, Act IV, Scene i.

Sincerely,

Robert R. McGill, Esquire