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

 

Federal Employee Medical Retirement System under FERS or CSRS: The footnote

Who reads them, anymore?  Defined as an ancillary or corollary piece of information beyond that which is stated in the body of the main text, the footnote represents that which reflects an addendum and not something that is considered “required reading”, but more likely for the benefit of those who enjoy quixotic minutiae and esoteric details of irrelevant import.*  As referenced in history, one who is relegated to the afterthought failed to reach the first order of things, and their lack of relevance is reflected by banishment to the bottom of the page.

Before computers were invented, long before the notion of “cut and paste” defined the laziness of intellectual prowess, the writer had to engage in prescient forethought, and calculate by measured deliberation the space to leave, the length of the footnote, and whether there was enough white-out left in the crusted bottle to make up for any lack of proper preparation.

The pretentiousness of the pseudo-intellectual, of course, was to have footnotes of greater length than the body of the text itself, spanning multiple pages so that the reader would become confused as to what constituted relevance in contrast to signification of purpose, where some pages barely had a sentence with but a horizontal mark demarcating the onerous esoterica of erudite irrelevancy.  And the worst, of course, is when a teacher or professor would ask a test question based upon one; for, again, the common refrain was twofold:  Who reads them?  Were we required to read them?  And the scoffing retort from the test-giver — that god amongst gods who held grades, fate and future plans in the palm of a single hand: If it was in the assigned material, it was “required reading”.

Much later, of course, we came to realize that “it was really good for us to read them” (though we never really believed such inane confessions), or to our own children, “When I was your age, and computers weren’t yet invented…” (with but a reactive facial expression beyond capacity to translate).  In the end (literally and figuratively), we all realize that the footnote itself represents mere distractions upon an otherwise ordered pagination of an author’s meanderings, and for ourselves, that they reflect a metaphor of who we are.

Most of us are treated as mere footnotes, left unnoticed, disregarded except for occasional reference by accident or happenstance.  For the Federal employee or U.S. Postal worker who has come to a point in his or her career, where a medical condition has progressed to a deteriorating consensus of requiring an alternative plan of action, being treated as a footnote within a subtext of irrelevancy amongst a sea of bureaucratic inefficiency, is likely a feeling of growing concern.

As footnotes are deliberately disregarded, so the majority of people are like those masses of addendum relegated to unnoticed details of sub-citizenship.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management will often elevate one’s status and stature for a time, if only because the Agency or U.S. Postal Service is suddenly forced to read the footnote, and take notice of the subtext; but beyond that, it is the medical condition itself which relegates the Federal or Postal employee to that numbering at the bottom of the page and left to irrelevancy, precisely because you are not one of the “productive” ones.

How does one force the “outside world” to “read” you?

In the end, there is life beyond a career with the Federal Agency or the U.S. Postal Service, and filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is merely a first step in getting beyond being relegated to a mere footnote.

As with those generals who served alongside Eisenhower, Grant, Lee and forgotten Roman centurions, most of us are mere footnotes, and glad of it for the unnoticed joys we can embrace in the anonymity of our privacy, and for the Federal or Postal worker who wants to get beyond the notoriety accompanying that unwanted attention for merely having a medical condition — and thus temporarily assigned to the body of the “main text” for being a nuisance — preparing, formulating and filing an effective Federal Disability Retirement application with OPM is often the first step towards asserting one’s rights to getting back to the footnote of time and timelessness, where most of us want to remain, in the cocoon of irrelevancy and historical afterthoughts.

 


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*Footnote 1:  Just to make sure; otherwise, refer to page 3,275 herein, where you will be required to obtain a special password and key in order to access a pseudo-intellectual forum of erudition within an ivory tower of confounding thoughts, for further reference to important commentaries otherwise pretentiously inserted in order to appear intelligently cogent.

 

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Medical Retirement Benefits: Linguistic Machismo

The term is derived from Spanish origins, and it is that characteristic which contributed most to the rise of Hemingway’s fame, and his ultimate act of self-destruction.  Of bullfights, big-game hunting, reporting amidst the Spanish Civil War, leaving unmentioned his encounter with death and devastation from his experiences in World War I, resulting in the Phoenix rising through his unforgettable fictional characters, Howard Krebs and Nick Adams, whose souls have been damaged beneath the surface of any physical manifestation of wounds or injuries, where reconnection with society, its rhythms of daily living and silliness of interests, can no longer be possible — these comprise the defining events of the meaning of the word itself.

Combined with the compounding prefix, it delineates the approach of modernity in engaging in communitarian communications.  You know — of bombast and lambaste; where subtlety of meaning is left without room for doubt, connotation, denotation or a question mark, but merely a hyphenated sense of an unstated thud followed by an exclamation point.

The famous debaters have now faded into the antiquity of forgotten dustbins; Lincoln-Douglas; Buckley-Vidal; the courteous but inquisitive Dick Cavett show; and the late-night show of Johnny Carson, whom many consider to encompass both intelligence and complexity of thought, especially when compared to parallelisms truncated by modernity.  Civility is gone; subtlety as an art form is all but lost; the only teleology of choice these days focuses upon the viral nature of a YouTube video, and only if it trumpets the extreme with the blare of sensationalism.

This approach — of linguistic machismo — has crept into the narrative of today.  Leaving aside the repugnance of the term for feminist causes, the substance of the concept implies an aggressive tone in setting forth a narrative.  The problem with engaging in such a consistency of intolerance in conveying as a vehicle of communication the toughness of a “no-holds barred” language game, however, is that it soon and quickly loses its efficacy.

Even an elephant struck repetitively to move the lumbering animal will develop callouses which defy the oncoming blows of future pain; encouragement by blunt force trauma is a discouraging device over time, if used without discretion.  Incessant screams become deafening to ears sensitized; physical pain becomes numb to repetition; repetition itself creates a havoc of unnoticed constructs; and so it goes.

This can be a lesson to Federal employees and U.S. Postal workers who are attempting to construct an effective narrative in preparing one’s Statement of Disability for submission of a Federal Disability Retirement application.

When the Federal or Postal applicant for Disability Retirement purposes envisions who will be reading, reviewing and analyzing one’s Statement of Disability (as posited on SF 3112A), it is well noting that the Administrative Specialist who will be making a decision at the U.S. Office of Personnel Management, whether under FERS, CSRS or CSRS Offset, will have hundreds of cases to get to; and from that caricature of a singular soul peeking out from a mountain of files, the subtlety of a whispering voice immersed in truth, objectivity, and persuasive force of argumentation quietly encapsulated by law and proper documentation, will be the light which shines from the darkness of ineptitude, where even the emotionally-damaged, fictional heroes of Hemingway’s short stories may shed a tear now and again.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Of the Charmed, Charted or Chartered Life

Of the troika of possibilities presented, the first is rarely available or even an option, if by a “charmed life” is defined as one where wealth is never a restrictive element, potentiality is ever compensated by unlimited resource, and freedom to choose — whether an unproductive, leisurely lifestyle or one which mixes pleasure with some semblance of “doing something” — is but a whim of desire and utterance of a command.  Few of us have this option.

As for the second — of a charted life, where cultural conventions, societal norms and limited possibilities structurally imposed by birth, circumstance and family lineage — this characterization is fast receding into the dustbins of antiquity.  For, we no longer believe that one should be constrained by outside forces — whether of teleological originations or based upon genetic dispositions.  The “charted” life — where an omnipotent external derivation or an internal, evolutionary mandate, matters not; it is, instead, the belief that the stars guide our destiny, and the hubris of Shakespeare’s characters cannot be altered by the sheer willpower of an internal desire.

Then, of the triumvirate, we are left with the third and last — of the “chartered” life, where we recognize the finite character of our existence, borrowed from a slice of timeless history, having to live the consequences of actions preceding our use of the vehicle, and appropriately adjusting the capacity to move forward based upon the present condition of our circumstances.

Do we drive the conveyor ourself, or allow for the owner to send a captain of a ship for which we have paid?  That often depends upon whether we can be trusted with the talents we are born with, the resources we inherit, and the burdens of responsibilities which we voluntarily embrace.

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 positional duties, the question is often likened to the options presented before the last of the triplicate:  At what point do we take charge of the chartered life, and begin to steer and maneuver beyond the pitfalls of life’s misgivings which have been presented?

Filing for Federal OPM Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is part of the responsibility of the Federal or Postal worker who can no longer perform one or more of the essential elements of one’s Federal or Postal position; and when the U.S. Office of Personnel Management denies a Federal Disability Retirement application, it is up to the chartered life to have charted the course of destiny towards a life more charmed.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Of the politics of human discontent

Long ago, it was figured out; by men and women smarter than the general population, the ingredients of democracy and seizing of power became fixed in a formula of compromise; in politics, discontent is the source of unrest, and change is the power switch that turns the electorate around.

Rousseau over-romanticized that mythological “State of Nature“, but accurately recognized the human tendency towards the need to accumulate the leisurely graces of societal accouterments.  “Keeping up with the Joneses” was a nice, pithy way of putting it; the sardonic undertone has outlived its meaning, and today, economic survival has overwhelmed most of us.  The fact that the greater gods in back rooms of whispered consciences have recognized the need for portraying the hope of stability in exchange for demagoguery and cultish following, has even the power players wishing for a time of yesterday before a week hence.

Ultimately, human discontent has to do with the spectrum of a chasm between expectation and reality; when that pose of separation divides too far, an abandonment of common sense, historical lessons, and an approach of rational foresight becomes the blaring trumpet of the vaunted white knight.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition no longer allows for continuation in the Federal or Postal position because it intersects with the ability and capacity to perform one or more of the essential elements of one’s Federal or Postal positional duties, the interceding reality of the politics of discontent come to the fore.

Left in the quandary of false choices, the chasm between “what the law says” and how the power structure at the Federal Agency or the U.S. Postal Service reacts to the news of the medical condition, is tantamount to the poverty of expectations in the face of reality.  The Federal bureaucracy can pay lip service to the touted declarations of fairness, efficiency and good government, but people will always be people — a tautology which everyone knows the meaning of, especially if you are a Federal or Postal employee.

Fortunately, the law also allows for the benefit of 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.  And of the politics of human discontent?  Leave that for the next generation of brave souls who may enter into the realm of Rousseau’s elevated sense of the Social Contract as the foundation of society’s misgivings; but just remember that the French Revolution resulted in the beheadings of many, and a change for none.

Sincerely,

Robert R. McGill, Esquire