Federal & Postal Disability Retirement: Weight of evidence

When you walk into a room full of people, how does one differentiate, define, separate and discern?  Remember that once-popular fictional work entitled, Tarzan of the Apes by (originally) Edgar Rice Burroughs?

There is a scene (whether from one of the various versions depicted on screen) where young Tarzan is surrounded by a crowd of “civilized” individuals staring, prodding, looking on with curiosity — and the young man who had been brought up in the wild lacks the capacity to compartmentalized the sudden bombardment of overstimulation, and runs amok amidst the finery of a social setting.

How is it that we learn to differentiate and categorize from among the massive aggregate of stimuli directed at us?  Do we, as Kant posits, impose mental categories upon the chaos of the world?  How do we learn to determine the “weight” of importance, significance or even of relevance upon the various activities that surround, impart and become directed at ourselves or around and about our purview?

And in the legal context, how do we know what weight of evidence should be submitted, and how to organize it into a priority of relevance?

You know the old joke — or is it merely a “trick”? — Of telling a person to “listen carefully,” and misleading the listener into thinking that the question you will be asking concerns the number of people left, when in fact you are deliberately misguiding them, saying: “Now 5 people entered the elevator and it went up 2 floors, then 3 people got off and 5 more got on, then the elevator went up again 2 more floors, where 1 person got on and…”.  At the end of the “story”, the question posed is not, “How many people are left?”, but instead, “What floor are you on”?

The evidence for both are there; it is the weight upon the relevant information that was missed.

Or, of that eccentric oddball who watches an action-packed movie or episode, and at the end of it, while everyone is commenting about this or that favorite scene of explosions, mayhem and bad-guy-got-his-due scene, the odd-man-out says, “Yes, I thought that the person who wore the yellow tie should have retied it, because it was a bit crooked.”

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 job, it is important to recognize the weight of evidence, the relevance of the information submitted to the U.S. Office of Personnel Management, and the significance of guiding OPM into viewing the evidence with a roadmap of persuasion.

Legal memorandums that delineate the evidence compiled, argue the law that is persuasive, and preemptively organizes the basic components in answering “why” a client is eligible — nay, entitled — to Federal Disability Retirement benefits, is important in light of the variety of evidence being submitted, not only by the applicant, but also by the Agency or the Postal Facility (which is not always favorable).

Is the Federal Disability Lawyer you have consulted or are about to consult, doing this?

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Different gradations of form and tint

The former often refers to architectural structures; the latter, to the exterior or interior paint, color and hue; and, together, they present to the observing eye the sensible objects that we experience through sight, smell and at least as to the former, tactile encounters.

Words are funny things; we not only create and apply them, but concurrently establish rules for utility and usage such that restrictions apply, expansiveness beyond certain boundaries become prohibited, and modifications for allowances in the placement of a particular sentence are constrained.  Can concepts concerning different gradations of form and tint be applied to human lives?  Yes, but we allow for such deviancy by imputing analogy, metaphor or simile, and the distinction is created through the parallel thought processes which are invoked by such literary devices.

Narratives have that sense of gradations, both of form and of tint, but in somewhat of a different sense.  “Form” in that context goes to the structure of sentences and how the story is molded for presentation to the listener, while the “tint” is more likened to the “feel” and aura manifested by the speaker, whether first person, third person; is the narrator omniscient or limited in knowledge and scope?

Structures are inanimate obstructions presented by three dimensional appearances manifesting color and hue; human beings, by contrast, are complex structures who present more than mere unmoving or unmovable obstructions, but instead embody form otherwise characterized as essence, tint often revealed as complicated personalities, and a psyche shrouded in mystery.

Thus, for Federal and Postal employees considering filing a Federal Disability Retirement application, that narrative written in response to the questions on Standard Form 3112A, Applicant’s Statement of Disability, should always consider what gradations of form and tint should be presented.

How much of the complexity of a human being should be infused, beyond the “inanimate” manifestation of cold medical facts and circumstances likened to the different gradations of form and tint?  Or, should there be a flood of emotionalism that reveals the “feel” and impact of a medical condition?

Human narratives are indeed complex, and can never be pigeonholed into predetermined categorizations without some aspect of a person’s subjective experience.  Ultimately, however, no narrative can be completely “cold”, like the inanimate structure based purely upon architectural integrity of form and tint, but must by necessity encompass the complexity of the human psyche.

Take care, however, that the narrative presentation does not border upon the maudlin, but instead presents a balanced admixture of facts, circumstances, legal precedents, symptoms of medical pain or psychiatric deterioration, with a clear pathway on a bridge to the positional elements of a Federal or Postal position.  For, in the end, it is an “effective” Federal Disability Retirement application that should be submitted to the U.S. Office of Personnel Management, and one which reflects well the different gradations of form and tint.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The centrality of fringe

In whatever definition one wants to adopt, the meaning is clear:  It is that which is on the outer periphery, and not central to the essence recognized.  But what if the reversal occurs?  Can that even be imagined?  Can the fringe constitute a substantive centrality, and yet retain the stability of its essence?  And, once the mirror conversion occurs, does the identification remain as it was, or do we accept the fringe elements as the convention, and the formerly known staid components as outside the normative foundations of an acceptable core?   Can that which was once considered unacceptable, metamorphose over a sufficiently quantitative linear heritage to the extent that the bizarre can become the best and brightest?

In Darwinian evolutionary hypotheses, the concept of a sudden mutation occurring as a result of environmental pressures forcing an alteration for the benefit of the organism’s survival, is often rejected because, as a general rule, nature does not favor large-scale transformations, unless there is a concurrent catastrophic need arising with little time for adaptation.  Yes, in cultural transformations, where artifice of choosing may occur by the quiet assent of a silent majority, the fringe elements may dominate by sheer vocal exuberance in drowning out any meek protest by will of volume.

Most people want quiet lives uninterrupted by forced decay of choosing; the sheep follow in drones of silent consent, if only because each can see only the limited perspective of the backside inches before, and stoppage of movement would mean being accosted in the rear by another follower of mindless assent, where discomfort is the greater evil in comparison to refusing to take another step.

At what point does an insignificant minority take upon an appearance of greater dominance, where the cacophony of shrill voices exceeds the disproportionate echo of seamless quietude, and we simply give in because the comfort zone of silence is shattered by the discomfort of resistance?  Those threads which flow freely – the ones which give an added “touch” to a piece of clothing, the Persian rug or the shawl which warms; what distinguishes that from a frayed mind, a singed material where residue of ashen leftovers appear as dangling limbs from a cauldron of confusion?

At some point, each of us becomes mere fringe elements, despite our best attempts at remaining relevant.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition has cast the Federal or Postal employee into that pot of “otherness” because of an inability to perform one or more of the essential elements of the Federal or Postal job – it is time to do something about having been re-categorized as a “fringe” element.  Preparing, formulating and filing for Federal Disability Retirement benefits, whether the Federal employee is under FERS, CSRS or CSRS Offset, may be the only way in which to cross back over into the essence of what it means to be central to the essence of life’s hope, and not allow others to castigate us into being the centrality of fringe, when that is not where you belong in the first place.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The fading sheen of respect

It happens over time; and, perhaps, in marriages where discovery of once-cute characteristics become irritants, when tics of unique personalities transform into obstacles, and the surface beauty of looks gradually morph into the reality of superficiality of egocentric psychosis.  But, then, a career is like a marriage, but lacking the intimacy of misguided warmth.

Disdain – does it develop instantaneously?  Does the remark of condescension and arrogance, cutting into the soul by drips and drabs, meter the suspicion that something is amiss, that someone has been whispering untold gossips of tidbits and tadpoles still swimming but lacking the croak of the frog disguised, and never to be kissed or metamorphosed into a princess of fantasy and fairytales?

When and how does loss of respect occur?  Is it in incremental clutches of shifting sand dunes, like the mirage which appears and when we reach it with thirst and desire, disappearing without but a trace of salivating want?  The scornful expression of familiarity; is there anymore a depth of intimacy the closer we become with one another, or does the essence of human depravity prevent such soul mates to bond?

Have we become cynical, to the extent that we no longer recognize the essence of human goodness, and instead – as the Darwinian paradigm of pure materialism has pervaded every crevice of our thoughts and beliefs – we have all accepted the maxim that life is but an insignificant blip on a linear scale of colossal vacuity, where the speck of life is but a mere comma in the breath of the vast universe, and how man is not just below the angels, but nothing more than mere fodder for predators to devour?

Does relevance, significance, and purpose of living – that composite and aggregation of teleological meaning – no longer apply in a world where essence is defined by material possessions and the quantitative quality of crassness of existence?

It is often asserted that respect is earned, not by mere ascription or claim to status, but by merit of behavior and ascension to knowledge; but in this day of modernity when all opinions are of equivalent moral value, and those with megaphones can drown out the quietude of truth and logical validity, the sheen of respect for all has been diminished by the mere devaluation of the essence of human worth.

A sheen upon an object is cared for and vigorously attended to; the fading of it means that the owner or caretaker has allowed it to slowly, incrementally and progressively deteriorate; and these things always lose their brilliance over time.  Not in a day, a month, or even over the course of a year, but by subtle carelessness of constant neglect.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition has impacted upon the ability and capacity to shine forth like those days of yore when energy was unmitigated, future hope was always a reminder, and where the brilliance of each hour was still to come, the fading sheen of respect shown both by the agency one works for and the coworkers’ company one cherishes, may be on the downturn.

If so, that Federal or Postal employee may want to consider preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS, CSRS or CSRS Offset, if only because such loss of respect is reflective not merely upon the personhood of you, but upon the essence of human degradation.

In many ways, “moving on” to the next chapter of life beyond being a Federal or Postal employee is a step towards maintaining and guarding the residue still remaining of that respect which once was, but now fades in the sheen of devalued and obscured images of a person who once was, still is, but is seen as merely an object of derision, and not that worthy employee who forms the essence of a past now forgotten.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Separation & Retirement: Of self-expression in society

There exists a proportionate correlation if charted on a graph, between the rise of a need for greater self-expression and the alienation from the individual from a sense of belonging and community.  The human animal has an inner need for acceptance and comity within the context of societal cohesion, and this is no different from other species and their behavioral patterns, excepting the “lone wolf” characteristics where mating or predatory consummation represents the only points of contact.

The lines of the hypothetical graph would intersect somewhere at the level where the individual believes that personal identity has been lost and subsumed from a community detached and uncaring; notice, identity and self-worth are bundled together in an almost inextricable complexity within the human psyche, and that proverbial and pervasive “inner cry for help” becomes exponentially magnified when that alienation intensifies.

Focus upon a collective “self” by a society encumbered with economic woes, infringement upon base survival instincts, and a growing sense that reliance upon one another is no longer believable, leads to the downward spiral of the line which represents societal comity, where the trajectory suddenly drops precipitously in a straight, vertical manner.

Yet, the other line — the one which represents self-expression and a silenced cry for urgency of warmth and responsiveness, continues upward in a more gradual trend, with short and sudden spikes here and there, but still reflective of a desire to pull back, to harken with a perspective of the rear-view mirror, wanting and willing always to open one’s arms and embrace the roots of that tribal nature from whence we all originated.

But we are becoming more and more calloused; the time wasted, the ascending alienation as first reported by Camus and the French existentialists after the ashes of the Phoenix failed to rise from the funeral pyre of the war-torn devastation of Europe and the consequential bifurcation of nations within the greater context of a potential addendum holocaust involving nuclear weapons, and the subsequent inertia developed through wealth and artificial products which were marketed by means of media and mass distribution — from it all, discontent arose, the notion of life’s absurdity followed, and the greater need for self-expression formed.

Look at Facebook and the explosion of psychosis.  Look at the obsession with smart phones and the need to “update” one’s “profile”.  But always remember that self-expression must be contained, and appropriately conveyed.

For Federal employees and U.S. Postal workers who must, by necessity, 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 vehicle of formulation in preparing an effective Federal Disability Retirement application, to be submitted to OPM, must have a certain restraint and self-limitation imposed.

Not every fact and fancy of opinion should be included in the Applicant’s Statement of Disability.

And, one must ask, how much of that self-expression exudes bravado and exaggeration?  And even after one has won one’s Federal Disability Retirement application, there may be a Medical Questionnaire which is issued by OPM, and if in the course of investigating further, there surfaces an indicia of some extreme form of activity such as bungee-jumping or similarly strenuous engagements which are “posted” for all viewers because of the need for “self-expression” — such a wanton cry for help may indeed come back to haunt.

Self-expression in a society replete with alienation and abandonment may, in the end, be all that we are left with; but for the Federal or Postal employee who wants to preserve and protect one’s Federal Disability Retirement annuity, it may be best to exert some semblance of self-control that is quickly diminishing and disappearing on the graph of the proverbial downward spiral.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: The loss of linguistic efficacy

If words are to have meaning, then the care in using them must be protected.  It is, of course, the conditional which must be accepted as true, in order for the contingency to be acted upon.  In a society where populism prevails, and in accepting a false sense of what “democracy” and “equality” have come to mean, the suffering consequences of a nation’s language becomes destroyed in subtle tones of disengagement.  Words lose their efficacy by multiple methods: overuse; misuse; refusal to allow for an expected impact to occur; or non-use by neglect and disregard.

Are there negative consequences for the loss of linguistic efficacy?  Or, perhaps such concerns are merely esoteric turmoils relegated to the intellectual temper tantrums reserved in ivory towers, and not of any significance or relevance to the greater population at large?  The English of Shakespeare is certainly not the mother tongue of modernity, and the volume of utterances fail to replace the lack of cogency in today’s discourse.

For Federal employees and U.S. Postal workers who intend to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the care in the selection and positing of words is important, despite the loss of such status and stature of their force and effect in general.  To prepare an effective Federal OPM Disability Retirement application — one which is both persuasive, as well as “true” — requires the careful crafting of a cogent compilation of multiple narratives, appealing to logic, factual coherence, and force of comprehension.  It must defy that which we see in today’s society — of the loss of linguistic efficacy.

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