Federal Disability Retirement Representation: Living Anguish

Two or more meanings can be gleaned, often depending upon the emphasis one places upon the sequence of words uttered.  One is the experience of the state itself; the other, the active phenomena in the presence of now.  In either form, the clear implication embraces the state of anguish, whether in a living state, or by living it.

Is the state of existence in modernity itself a constant and unavoidable situation involving anguish?  Is the craziness of the lives we live — of the inevitable rush of each day; the interference of work into personal lives, and the incessant drum of technology without a moment’s pause of temporary cessation — the cause of such anguish, or is the anguish felt merely a reflection of who we are?  Is it any different from the days just following the Last Great War when men and women bemoaned the state of absurdity while drinking coffee at sidewalk cafes in Paris?

Living anguish — again, whether in the form of “aliveness” or meaning merely that it is a state of being we find ourselves in — is a simple fact of modernity’s choice of existence.  For, except for those who can afford to live a life of luxury attended to by servants, cooks, butlers and chauffeurs, do the rest of us choose the living anguish, or do circumstances impose the state of being without any say-so in the life chosen?

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 — of course the living anguish is exponentially quantified, and often the only remaining alternative is to prepare, formulate and file an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Part of the living anguish of life itself is in the very limitations of our choices presented, and when a medical condition begins to impact one’s livelihood and the capacity to continue with one’s career, the fact that there is a choice — of filling for Federal Disability Retirement — somewhat alleviates the “livingness” of the anguish we experience, and allows for an alternative to the anguish felt in living with an increasingly debilitating medical condition.

But that choice of getting beyond living anguish must begin with the first steps in preparing a Federal Disability Retirement application, and that starts with a consultation with an attorney who can begin to guide the Federal or Postal employee away from the living anguish by preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Law: Sound legal arguments

Arguments in general share a characteristic within the more limited field of those involving legal issues: soundness is based upon factors involving coherence, cogency, consistency and the application of the rules of propositional logic.  The latter — of propositional logic — can get lost in general arguments when they become wrapped in multiple compound statements, shouted with ardor and passion, and conveyed with a sense of unequivocal belief as to one’s “rightness” and doubtless self-righteousness.

Propositional logic within the field of legal argumentation, however, takes on a more limited and restrictive nature, for it normally is contained by the text of legal opinions and cases that have a value of precedence.  The “soundness” or its antonym — of an “unsound legal argument” — largely depends upon how much the legal practitioner will “stretch” the foundational apparatus involved: the analogical arguments used in citing legal precedents.

Future legal opinions — those evolving from the very attempts by lawyers to stretch those precedents into areas heretofore disallowed — are based upon the persuasive propositional logic argued at the appellate level, and even in the various stages of an OPM Disability Retirement case.  On an informal level, of course, one will want to cite legal precedents to the U.S. Office of Personnel Management at the first two stages of the process — at the Initial Stage of the OPM Disability Retirement process, as well as the Second, “Reconsideration” Stage.

At both levels, sound legal argumentation should be employed — by “sound”, meaning that the basic and well-known legal precedents should be cited involving what constitutes meeting the burden of proof in a Federal Disability Retirement application; what meets the legal requirements of an “accommodation”; the importance of medical evidence and the criteria that must be applied in assessing and evaluating the content and substance of the medical evidence presented; as well as the foundational basis of “sound” legal cases which delineate, in a persuasive manner, the compendium of evidentiary documentation which comprises one’s Federal Disability Retirement application.

At the “Third Level” of the process, of course — an appeal to the U.S. Merit Systems Protection Board (or more familiarly known as the “MSPB”) — one must take extra care in presenting sound legal arguments, because there, an Administrative Law Judge will be attuned to the “stretching” and “extension-attempting” arguments that citation of legal precedents may pose, and the “soundness” of one’s knowledge of “the law” is often a prerequisite in even trying to make one’s case before such an Administrative Law Judge.

For, in the end, sound legal arguments are not too dissimilar from arguments sound or unsound in general; they just require an extra component of legal training allowed that involves the proper and effective use and application of arguments by analogy based upon case-law precedents.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Fear of one’s shadow

What does that metaphor mean?  Perhaps to different people, different and varying things — of constantly being on edge despite nothing objectively to be anxious about; of fearing the worst around every bend and corner; of imagining impending doom despite the best of times; of never being able to enjoy that which has been attained or accomplished; and a multitude of similar circumstances that evoke an image of a person who remains in a perpetual flux of emotional turmoil.

Does this describe you?  Perhaps there is a reason — some Freudian abscess deep within the damaged psyche of an individual, unidentified and undetected, originating from a trauma experienced in childhood; or, he’s just a “nervous sort of fellow”.  Fear of one’s shadow is that person who expects the worst even within circumstances that highlight the best.  It is not just a lack of confidence, nor a pessimism that pervades against the reality of the illuminated world; rather, it is the expectation of disaster when reality fails to coincide with shadows that fail to appear even when all around you darkness dominates.

Perhaps we have done a disservice to this newest generation, and the one before, by always encouraging them with hope, never criticizing them, and allowing them to always think “positively” about themselves, their expectations and their future.  Then, when reality abuts against the expectation of anticipated success, this young generation falls apart and is inadequately prepared to handle failure.

Fear of one’s shadow is often the byproduct of an upbringing unprepared and unfortunately ill-prepared to become responsive to failures in life’s cycle of successes and failures.  It is, in many ways, a protective mechanism, where fear is the dominant factor in order to shield one from the reality of the world around.

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, the fear of one’s shadow may not be so unrealistic — especially as it concerns how the agency or the Postal Service will act, react, respond to or otherwise initiate sanctions, actions and administrative proposals if you fail to return to a previous level of productivity and attendance regularity.  For, in the end, the Federal Agency and the Postal Service are not in a protective role; rather, they are often the adversary that needs to be constantly reminded of “the laws” that protect and preserve human dignity and contractual responsibilities.

For Federal employees and Postal workers who need to file for Federal Disability Retirement benefits, remember always that it is not one’s own shadow that needs to be feared, but rather, the looming figure behind your own shadow that may come unexpectedly to attack you, and that is why you need to consult with an experienced attorney in preparing, formulating and filing for Federal Disability Retirement benefits, whether you are under FERS, CSRS or CSRS Offset.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement for Federal Employees: The compromised life

We all make them, though we deny it.  Iconoclasts scorn it; the extremes of either side scoff at it; and, in the end, it reflects the reality of who we are, how we live, and by what vaunted principles we purportedly possess.

On a theoretical level, it is easy to remain the stalwart – that singular entity standing on principle and commitment.  The one who has never experienced war – to express beliefs of “courage”, “unwavering loyalty” and blind bravery declared in wrappings of the flag and national identity.  Or of fidelity and traditional values despite personal shortcomings of multiple marital infidelities and 3 or 4 marriages, with the devastation of a trail of longing children with a hole in each heart, wishing that principles could be exchanged for a single memory of playing catch on a summer’s day.

If you are sequestered whether by wealth or capacity to ignore, it is easy to shout out principles; but, then, when the test of life intrudes, the failings of reality reconstitute an extraordinary hypothetical into a quivering crumbling of an ordinary person.

Ordinariness is certainly rarely looked upon as the paradigm to follow, and the argument often goes:  You never want to dumb down deviancy (Moynihan’s famous phrase extrapolated from a generation or two ago, lost forever by events of social and cultural turmoil hence), and so, even if no one actually lives like the pinnacle of beautiful thoughts and voices stated by writers, essayists and politicians (who themselves bifurcate “personal conduct” from the espoused rhetoric emitted from hollow mouths with a dead-panned look of seriousness), the common masses are admonished by rebukes of being responsible for the “cultural rot” that dissipates throughout.

Reality has a way of compromising the apex of beautiful words, paragraphs, pages and entire narratives of a singular life.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition may be preventing the Federal or Postal worker from being able to perform all of the essential elements of the position occupied, the concept of a compromised life is now a reality.  For, the sequential perspective of what is expected – of continuing until retirement age a career fulfilled, with regular promotions and deserved merit pay – may need to be ‘adjusted’ in accordance with the reality of life’s impositions.

Having a compromised life and accepting the compromises of life’s misgivings is not a sin, nor a diminution of one’s principled belief-system; instead, in preparing, formulating and filing a Federal Disability Retirement application through the U.S. Office of Personnel Management, it is merely a recognition that theoretical foundations were always meant to be modified, and those speechifying vanguards of social commentators never meant the fulfillment of their own words, anyway, and it was always the compromised life that reflected the reality of the boorish insistence that we were angels and gods unknown.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Foggy glasses

Sometimes, we realize it at the outset and pause, take a moment to clean them, then proceed with the clarity we presupposed but were ineffectual in recognizing and correcting.  At other times, we stumble through the maze of reconditeness, failing to identify, or even to recognize, the source of our abstruseness.  Those who never need glasses, have but their imaginations to project a world of persistent perceptual perplexity; others must live with the unruly contraption encased ever so prominently upon the facial protrusion high atop the control center of one’s physique.

Of course, there are advertised surgical methods, or implantations of organic lenses upon the window of one’s soul (as Plato would describe it); but in the end, most defer to those convex lenses which provide for magnification, invented sometime during the Dark Ages and before.  But clarity of perceptual comprehension, if merely a physical defect, is at least correctible; whereas most walk through life with foggy glasses of another sort, and have greater and more dire consequences resulting therefrom.

That is precisely the problem with wisdom, or the lack thereof, but more accurately, the means to attain it.  It is one thing to walk about with foggy thoughts; another altogether, to never be able to recognize it.

For Federal employees and U.S. Postal workers who are caught in a quandary of the frozen steppes of indecision, where a medical condition prevents the Federal or Postal worker from performing all of the essential elements of one’s Federal or Postal positional duties, and therefore one’s status as a Federal employee or Postal worker is likened to a purgatory awaiting further harassment, being forced to work with one’s medical condition despite every medical advice to the contrary, or worse, merely waiting to be fired — the time to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is “now”, or perhaps even yesterday.

But if one is unable to have the perceptual clarity needed to arrive at a judgment of insight, how is one to proceed?

Advice is plentiful, as is information of irrelevance; but first, to even wake up to the most basic needs and address the elementary concerns for securing one’s legal rights, future prospects, and a promise for advancement beyond the present condition of malaise, it is necessary to wipe away one’s foggy glasses, and view the world with a level of perceptual clarity beyond the confusion ensconced in the belief that the obstacle that stops us is not a mountain to climb, but one’s own nose obscured by the device so prominently placed.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Of Camels and Corsets

Both represent anachronisms in our modern, technological society; the former as still somewhat distant and antiquated, with images of pyramids and times of colonialism; the latter of a time when the secrets of the body were hidden by shame, left to lust and imagination.  They no longer fit into the common usage of everyday language games, whether because of being relegated to uncommon reference or to irrelevance.

Similarly, that is how castaways are treated in a society which relishes productivity and promotional positive thinking.  Time is rarely a marking of empathy; though we feign the importance of community, we are simply too busy to regard those less fortunate, except perhaps with a deductible donation.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact one’s capacity to perform all of the essential elements of one’s job, the sooner the recognition that inclusion and accommodation are likewise foreign concepts, the better in planning for one’s future.  Federal OPM Disability Retirement is an employment benefit which was negotiated as the greater package for Federal and Postal employees.  It allows for the Federal and Postal employee, whether under FERS, CSRS or CSRS Offset, to remain productive in society in another capacity, yet, receive a base annuity from the Federal government.

The formula is set by statute, ultimately filed through the U.S. Office of Personnel Management, and one must prove one’s entitlement after meeting certain eligibility criteria; but like camels, corsets, and even castaways, the arcane anachronism of the administrative system and bureaucratic process may require the strength of a camel, the mystery of hidden knowledge as only subsumed by corsets, and the thick skin of being treated as a castaway.

Sincerely,

Robert R. McGill, Esquire