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

 

FERS & CSRS Disability Retirement: The numerical veil

Statistical constructs indicate group shifts and movements; numbers, based upon controlled samplings, provide the substantive fodder for analysis of trends and patterns of population deviancies.  There is, however, the question of the incommensurate nature between mathematical paradigms and linguistic application; stated more simply, Do numbers hide more than reveal, and can anything be extrapolated from them and interpreted in terms we can understand and comprehend?

To a winner of the lottery, the numerical phantasm “one in a billion” remains meaningless; and to the dismissive statistical irrelevancy stated in language more readily comprehended, that there is a greater chance of dying in an automobile accident than from a shark attack, becomes inconsequential and of little comfort if you are laying in a hospital bed with a good part of your flesh missing from such a traumatic event.  That’s the problem with numbers, of course, and the use, misuse and abuse of statistical analysis; in the end, it depends upon how it is used, the methodology of discourse, and the manner of application.

To be hit by lightening may well be more uncommon than death by drowning, but if your job is to be a caddy for an eccentric billionaire who enjoys golfing on days of severe weather patterns, the generalizations ascribed by comparative mathematical analysis may be somewhat skewed.  And, of course, for romance of young couples who scoff at divorce rates and patterns affirmed by celebrity lives and the cultural meltdown pervasive throughout, the lack of life experiences, the want of provocation through trials and turmoils yet to be encountered and not yet encumbering, allows for hope, charity and a sense of optimism despite the universe which surrounds of cynical diatribes.

We take comfort in the veil of numbers, precisely because we can manipulate them in the ways we want.  Facing a bleak outlook, we can justify resistance with a dismissive wave of the hand (or that invisible wand of magic and sorcery) and declare, “Well, the chances are…”  Numbers never tell of the human emotions and toil of reality; they remain as cold mathematical calculations, jiggered and manipulated by the picture of emotionless bureaucrats who wear spectacles to magnify the inconsequential harm imparted upon the lives left behind.

And for Federal employees and U.S. Postal workers who must file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management?  Such individuals, whether under FERS, CSRS or CSRS Offset, become part and parcel of the statistical conundrum who once had names, faces and identities, but somehow became relegated into the numerical aggregate of “those” people who departed by filing an effective Federal Disability Retirement application through OPM, all because they could no longer perform one or more of the essential elements of the positional duties assigned.

Does such fear of becoming a mere irrelevancy of statistical obscurity make the Federal or Postal employee pause, despite the chronic pain or the psychiatric despondency which tells of the urgency to file for the benefit?  Probably.  Yet, beyond the numerical veil which hides, each Federal or Postal employee who departed and left behind such a statistical imprint, go on to live productive lives thereafter, with ongoing emotional ups and downs, as real people, living authentic lives untold by the hidden abyss echoing from the chambers of silent digits.

Sincerely,

Robert R. McGill, Esquire

 

Medical Separation & Retirement from Federal Government Employment: The Architect of Awe

There are murals of inspired souls, touched by a hand guided by forces unknown; of vaulted ceilings and high arches, and mosaics which are crafted, painted and tediously combined; and as one approaches such architectural wonders, the eyes are lifted upwards toward the heavens in such a natural order of elevation that there is no pause for self-consciousness.

Contrast that to the technology of modernity, where huddled masses with sauntering forms and stooped shoulders look down upon the glare of Smartphones, Tablets and the keyboard of laptops; the eyes never wander but within the confined parameters of a rectangular screen, and only in furtive movements of quickened and imperceptible annoyances.

The irony, of course, where the two intersect — the grandeur of architectural brilliance with the future of technological acumen — is when the tourist brings the Smartphone with the self-contained video and camera apparatus in order to gawk at the Medieval Renaissance of antiquity, but never views with the naked eye, but always through the lens for Instagram and Facebook positing.  It is, ultimately, of our posture which is most telling, and that which draws the human eye — in a downward trajectory, or with an upward inspiration.

Once, we used to build for eternity and the heavens, whereas of today we huddle in forlorn consternation over glowing screens which dull the mind and blind the eye to the created world around us.  And what of other elements in our lives?  Do they uplift, or denigrate such that we become downtrodden specimens of another’s playful cruelty?  Does the place where we spend the most time draw us as an architect of awe, or diminish the soul by whips and partial tears?

Work — that place and endeavor which occupies the majority of our time — should always lift up, and never demean; and like human relationships of linear poses (unlike the vertical one with gods and angelic superstitions), the combination should always aggregate to a greater quantity than the quality of singularity.

That is why, for Federal employees and U.S. Postal workers who discover that the present situation they find themselves in has become untenable because 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, and such a state has engendered resentment, denigration and an opposition to constructive advancement, preparing an effective Federal Disability Retirement application to be submitted to the U.S. Office of Personnel Management, becomes the preferred alternative to continuation in the present state of despair.

Going out on an OPM Disability Retirement for the Federal employee or U.S. Postal worker is never the first choice, and may in fact be the last; but the option is almost always one based upon the survival of the soul, where the architect of awe is no longer present in a world which has seemingly abandoned its teleological relish for life, but where work has come to represent harassment, denigration and demeaning anguish, and where the choices have limited the fragile compartment of the soul and thus the alternative is to suffer silently in a world gone mad and maddeningly unsympathetic to the plight of that traveler whom no one has invited from the coldness of the world.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Pension Annuity: Today, life is good…

It is the set of 3 periods at the end of the sentence, identified in grammatical terms as an ellipses, allowing for a trailing thought or a hesitation of motive, and here which differentiates from a singular finality of a period postulated to prevent a purposive punctuality of partition from a postscript.  If the last two periods were extracted and deleted, the delineation would connote a declarative assertion, unhesitant in conclusion, and confident in execution.  With those two additions, it implies and denotes hesitancy, a pause leaving the impression of loss or lack of confidence, and unable to determine the cogency of opinion formulated but for the ellipses.

In the end, however, how is grammar tied to life itself?  Do mere additions of two dots in a sentence reflect the reality of that which we live?  Do the bundles of human complexities, emotional upheaval and physical pain, cognitive dissonance cut us off from nature’s impenetrable divide?

How often do we walk around, and stop and realize that we remember nothing about our surroundings, who we passed, what buildings we strode by, because the inner thoughts we became a hostage to allowed only for sight by the eye of our own minds, and not for the purposes attributable to all other species on the planet — for observation and judgment to determine the course of future destiny, in surviving a predatory world.

What makes us unique, but the linguistic divide that confronts us daily; and thus is it that the 3 harmless dots dangling at the terminal confinement at the end of a sentence is more than a mirage of grammatical repose; no, it defines who we are.  For, the reality of the ellipses is contained in the reflection of the truth manifested; insert an emotive adjective, and the dots disappear; yet, the changes wrought will remain beyond the grammatical addendum, the deletion of the dots, or the conversion from hesitancy to declarative assertion of utmost confidence.

It is, in the end, the “today” which is the operative word, and not the trepidation engendered by the ellipses; and it is the unstated “tomorrow” which can bring about changes to the substantive undercurrent of life beyond linguistic elasticity.  It is real life, and not grammar, which must ultimately determine destiny, fate and the whims of gods playing with human caricatures with arbitrary thunderbolts and childhood cruelty with breaths of unexpected pillars placed as obstacles within our paths.

For Federal employees and U.S. Postal workers who find that the gods of fate have placed the burden of a medical condition upon life’s lottery of challenges, the need to prepare, formulate and apply 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, becomes an encounter where the linguistic divide between life and living, on the one hand, and language and grammar, on the other, coalesce and the the chasm must by necessity be bridged.  For, it is precisely the medical condition itself (life and living) which must then be formulated into a declarative state of disability and linguistic evidentiary postulate (language and grammar), in the form of an effective OPM Disability Retirement application, that makes for the differentiation between failure or success.

Beware of the pitfalls of grammar, and note the ellipses, as well as the dangling participle, lest either unveil a true hesitancy in living, as opposed to a mere red mark from a teacher in a fictional classroom, either in one’s mind or in the eye of one’s mind.

Sincerely,

Robert R. McGill, Esquire

 

Early Medical Retirement for Federal Employees: The Gatekeeper

Garbage in, garbage out; leave the door wide open, and the flies come in; “we don’t live in a barn”; and other similar quips, quotes and quotidian truths abound to guide us throughout the day.  In Medieval times, the Gatekeeper held a prominent position of authority and safekeeping; trust was of paramount importance, and the potential for bribery to undermine loyalty and fealty to the inhabitants of the Court or Castle meant that treatment of the assigned individual demanded respect as well as adequate renumeration.

With the advent of privacy and the insular family unit, where community was replaced with walls of silence and solitude, the position of the gatekeeper was abandoned and relegated to the relics of antiquity.  Yet, while the public position has become extinct, the conceptual construct remains a necessity of choice.  Few consider the relevance, significance and importance the Gatekeeper, and so we allow for technology, any and all forms of television shows, images, opinions unfettered and logical (and illogical) consignments to enter and exit, leaving aside the mere tincture of bad taste to flow freely through our doors.

Who is the Gatekeeper in this age of unconfined information, where Orwell’s fears have been confirmed, and even more so; and where judgement, good taste and sheer hypocrisy of life matters not because “anything goes” and the only prohibition is to express one’s self honestly, lest the psyche and ego of one’s neighbor be offended and the thought police from the campus next door comes knocking on the proverbial wall in the middle of the night?  For, when the Gatekeeper was fired those many eons ago, we forgot that a locked door relied merely upon the person entering or exiting, and responsibility shared is no more than perils disbursed amongst the many, including those who fear not or carelessly sputter through life’s travails.

Now, for the Federal employee or the U.S. Postal worker who must consider preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, what relevance does the concept of a Medieval Gatekeeper have in this day of modernity?  Much.  And beyond, of greater relevance than you might think.  Garbage in, garbage out.

Leave the door wide open, and a denial might be guaranteed by OPM.  “We don’t live in a vacuum.”  And another:  Since the applicant in a Federal Disability Retirement claim has the burden of proof, such that a “preponderance of the evidence” standard must be met, who will be the determinant of what facts, relevant information and significant documentation is to be forwarded to the U.S. Office of Personnel Management?

In the end, the applicant, or his/her attorney of choice, is/are the Gatekeepers of an effective Federal Disability Retirement application, to be filed with OPM, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset; and like the Medieval Gatekeeper of yore, it is well to treat that position with respect, lest any undermined fealty results in the doors left wide and open for the haunting ghosts of yesteryear to enter and defile.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Semblance of Joy

Happiness is but a fleeting moment; satisfaction is but the natural result of completion; but joy, that is a tincture derived from the depths of one’s soul.  Perhaps there is an element of word-play; how we define levels of emotional states of being can depend upon the contextual usage of each conceptual construct, and in the end it is how we have described a given set of circumstances, based upon our personal experiential encounters and what sense of being we perceived at the time.

Beyond the veil of words, casting aside the layers of callouses which we have carefully built up over the years in order to survive the daily onslaught of venom in this world lacking of empathy or cooperative caring for one’s fellow human being, it is when a traumatic event suddenly befalls us that the true state of our souls becomes apparent.

Medical conditions have a tendency to magnify the reality of our state of existence.  Suddenly, perspectives become skewed; realities once depended upon appear suspicious; and we begin to lie to ourselves and take on a semblance of joy.  Why is that?  Is it because we fear the truth of human cruelty?  That despite all of the allegedly cultural advancements and technological innovations we pride ourselves about, the truth of our evolutionary baseness has never changed:  the vulnerable are merely meals for the predator in waiting.

For the Federal employee and the U.S. Postal worker who suffers from a medical condition, such a state of affairs is nothing new.  Agencies begin to pile on; coworkers shun; supervisors increase the level of vitriol and punish through administrative sanctions and progressive pressures through threats and intimidating language; and, all the while, the dedicated Federal or Postal worker must suffer through with limited options and constricted avenues slowly being blocked and cordoned off as restricted zones no longer open, where once the brightness of tomorrow promised the world.

For Federal and Postal employees finding themselves in the untenable position of having a medical condition, such that the medical condition is preventing him or her from performing one or more of the essential elements of one’s job, it may be time to consider filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset.

When once the Federal or Postal worker comes to a realization that the bet upon happiness cannot be placed upon one’s employment or career, and where satisfaction is no longer a possibility with the mission of an agency; when the exhaustion and fatigue of hiding behind the semblance of joy begins to constrict and close in, like the human figure behind a Noh mask covering the claustrophobia of existence; then, it is time to consider taking on the long road of preparing, formulating and filing for Federal Disability Retirement benefits, whether you as the Federal or Postal employee are under FERS, CSRS or CSRS Offset.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Game Changers

Often, it is not the substantive material submitted, but the approach to an endeavor which alters the character of an encounter, and results in victory by acceptance and submission, in contradistinction to victory and defeat.  Such is the essential difference between the games of chess and of Go — the latter, originating in ancient China some 2,500 years ago, and employing a strategy of subtle surroundings, rarely including a direct frontal assault.  The Game of Go requires a perspective of the whole; and while (like chess) anticipation of future moves can help, it is the last move in relation to the whole of all prior moves, which will determine the future success.

With this, there is a parallelism with Federal and Postal workers who suffer from a medical condition, such that the medical condition impacts one’s ability and capacity to perform all of the essential elements of one’s Federal or Postal job.  As in the Game of Go, it is the past which has brought one to the present circumstances; one’s future will be determined by how one approaches what is occurring in the current presentation of the board.

The battle against the medical condition itself may have taken many years; such is the nature of battling the subtleties of a medical condition, where much of it involves bearing the pain, remaining quiet through turmoils, and attempting to silently pass through life unnoticed.  But as with the Game of Go, a critical juncture arrives, where the wrong move will determine the future course of territories lost, or gained.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS-Offset, is often the critical point of departure for the Federal or Postal worker suffering from a medical condition and finding the need to separate and find that plateau of places where rehabilitation for the future becomes a necessity.

Future security depends upon moves made in the present; present strategies are based upon grounds gained or lost depending upon past moves; and recognizing that now is the time to prepare for the future, is the first step, both for the Federal and Postal worker needing to file for OPM Disability Retirement benefits, as well as for the player who dares to master the Game of Go.

Sincerely,

Robert R. McGill, Esquire