Tag Archives: federal disability retirement lawyers serving wilmington nc employees

FERS Disability Retirement from OPM: Cruelty

Is it a tautology to speak about human beings and cruelty?

In the Kantian sense of analytic propositions as opposed to synthetic statements — the former, where the predicate is already conceptually identified in the subject, whereas in the latter, the concept as proposed in the predicate is not already contained in the subject (e.g,, the statement, “Some dogs are short-haired” is an example of a synthetic statement because the concept of “short-haired-ness” is not necessarily contained in the concept of a “dog”; on the other hand, the statement, “All husbands are married” is an example of an analytic statement, because the idea of “being married” is already identified within the concept of “husband”, no matter even in the modern conceptual alterations of gender-identity).

Back to the question of the redundancy/tautology — of “human cruelty”; for, one may argue, cruelty as a concept is already founded in the definition of a human being.  Do other species exhibit cruelty?  Or, if we think they do, is it just an anthropomorphic projection?  For, predators don’t play with their prey; they kill not to torture but to consume.

The annals of human history are replete with human cruelty.  We like to mythologize about the dignity of human beings, the sophistication of civilizations great and small, but the plain fact is that cruelty is a human characteristic undeniably rampant, no matter the beautiful bouquets we attempt to cover the bloody footprints with.

For Federal employees and U.S. Postal Service workers who suffer from a medical condition where the medical condition no longer allows you to continue in your career, cruelty by your agency should be expected.  Why would you think that human beings would respond and act otherwise?  Is it because there is also “human compassion” and “human empathy”?  Are those synthetic propositions, or analytic ones?

Whichever, you will likely need a FERS Disability Retirement Lawyer to make sure that your disability retirement application before the U.S. Office of Personnel Management is a synthetic proposition, because the statement, “Your Disability Retirement application is approved” is one where the predicate is not necessarily contained in the subject, whereas the analytic statement — the one which is more common — is the statement, “Your Disability Retirement is denied”, where the concept of a “denial” is very often contained in the subject of your disability retirement application.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

FERS Disability Retirement Law: The Dreaded Next Day

If every day is becoming the dreaded next day, then the hope of living a contented life — a life of “happiness” — becomes an impossibility.

Modernity has become obsessed with “happiness” as a goal to embrace, as opposed to a byproduct of one’s manner of living.  Additionally, the term itself has been redefined to encompass only the realm of one’s immediate emotional contentment, as opposed to the Aristotelian (and Greek, in general) concept of eudaemonia — the state of living a life defined by what it means to be a human being.

In our concept of happiness, the dreaded next day guarantees that each day will be enveloped by unhappiness, precisely because the “next day” was yesterday’s dreaded next day, upon us with a vengeance, like the eternally rolling boulder which Sisyphus must gather the strength to push up the next hill.

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 position, each day is already the dreaded next day with an endless cycle of pain and despondency, precisely because your medical condition is incommensurate with the job which you hold.

It is like the life as described in Camus’ work, The Myth of Sisyphus — of pushing that boulder up a hill, only to have it roll down the hill, and then to push it up the next hill, for eternity.

Contact an OPM Disability Attorney who specializes in Federal Disability Retirement Law and consider preparing, formulating and filing an effective Federal Disability Retirement, to avoid each day becoming the dreaded next day.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

Filing for Federal Disability Retirement: Damaged goods

Perhaps it is of a fine porcelain statue; or a painting that depicts perfection in a pastoral panorama presenting a private purview of picturesque purity (sorry for the alliteration that cannot be resisted); or a first edition book that is without blemish; or a host of other “goods” that one values, admires, cherishes — and is purchased with anticipation of contentment.

Upon returning home, one notices an imperfection not previously spotted: a small “crack” on the forearm of the porcelain figure; a tear in the upper right portion of the canvas, just below the line where the frame casts a shadow and becomes almost imperceptible; or a crayon marking on page 324, in the middle of the book, unnoticed unless one inspects each and every page.

The item cannot be returned, because of either distance (perhaps it was purchased on international travel in a small shop in a foreign country not known for return policies); policy (the sign clearly stated, “All sales are final and the purchaser bears all responsibility in inspecting the condition of the item prior to buying”) or some other impracticable reason.

The imperfection is so minor that no one else knows, would notice or otherwise cares to comment on such an impurity of the state of the condition, except for one small and irritating fact: You know.  It bothers you.  The fact of the damaged goods betrays something about yourself — not merely that a contrast against a paradigm of perfection has stirred an irrationality that struggles against good judgment, but moreover, that there exists an intolerance for a standard of less than the penultimate apex of an unreachable standard.

What does one do?  You can: Hide and stash away the item (but it yet remains with the knowledge that, hidden or not, the aura of imperfection exists); you can give it as a gift, or sell it to a third party (but what if the potential purchaser recognizes the imperfection and bargains for a better price, leaving you with a loss — will that constantly remind you of your lack of judgment when once you thought that your expertise in such matters was the paradigm of perfection itself?); justify to yourself over and over that, “Yes, it isn’t perfect, but boy is it a great piece regardless!” (perhaps, over time, this approach may work); or, do the most drastic of solutions: destroy the item and trash it.

Medical conditions have a way of impacting individuals in a similar manner as the discovery of imperfection in what one once thought was a paradigm of perfection: somehow, it is even worse, because of the personal manner that medical conditions impact: it touches upon one’s self, one’s self-image and the crumbling sense of self-confidence one possessed when health was taken for granted.

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, always try and keep in mind that the diminution of the “product” concerned (i.e., yourself, the Federal or Postal employee) is not discovered by the mere fact of filing for Federal Disability Retirement — rather, the fault is in the system of the Federal Government for not being able to be patient as you struggle to recover from you illness or injury.

Filing for Federal Disability Retirement under FERS, CSRS or CSRS Offset is not a reflection on the “value” of you; it is, instead, the reality of a system that fails to recognize the difference between the relative value of “goods” as opposed to the priceless perfection of a human being and his or her contribution to society.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Disability Retirement: The complexity of 2

It is the solo flight that presents the escape of simplicity; inclusion of another, and suddenly the complexity of responsibility, duty, obligation and sense of “ought” becomes a part of the entire equation.  At first, it may be love born upon an equal plane; any sense of disproportionality is easily ignored, quickly deflected and unselfconsciously dispensed with; but over time, the complexity of 2 begins to creep in.

It is neither insidious nor inherently negative by artifice; rather, it is the most natural of sensibilities, arising from a knowledge that reliance upon one another not only acknowledges and validates the vows of matrimony, but moreover, the eternal commitment each makes to the other forever forges the bonds of undiluted friendship, like kindred spirits floating in some ethereal universe unperturbed by distractions of consternation consecrated upon the altar of destruction.

Have you ever observed the interaction of singularity?  That is correct – it is simple and uncomplicated.  The asides are mere reflections of one’s own troubles; the soliloquys stated without puzzlement or obfuscation.

Then, if you add a second, the complexity of 2 comes into play – of misunderstandings, miscommunications and loss of solidarity in the oneness of judgment.  What if there are three?  Then, suddenly not only are there relationships between the first and second, but between first and third, second and third, as well as the tripartite interaction between all three simultaneously.  And of four?

The exponential complexity that arises from adding one more to each magnification of interrelationships enhances beyond the mere introduction of another, but creates a havoc beyond the singularity of such an entrance.  Why is this?

One would, on a purely conceptual level, likely argue that since the simplicity of 1 remains so, ergo the combination of each should logically retain such lack of complication.  But such an argument based upon theoretical argumentation and rationality elliptically conducted in an antiseptic environment and context fails to recognize the innate complexity of each human being.

That is why, in preparing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the simple-enough questions posed and queried on Standard Form 3112A, Applicant’s Statement of Disability, can never be characterized as “easy” or “straightforward”.

Why?  Because there is the complexity of 2 – or more.  For, while the questions themselves are answered by the singular Federal or Postal employee, there are multiple facets of that same employee which requires a response – the Federal or Postal employee in the status of an employee who suffers from a medical condition; the relationship between the medical condition and the positional requirements of the Federal or Postal job; the Federal or Postal employee in the capacity of his or her personal life; the introduction of the diagnosed Federal or Postal employee with a specific medical condition.

Do you see the complexity?  It is, as always, the complexity of 2.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Metaphor as the antidote to paraphrasis and reduction

The concept is intended to enhance; it guards against the tendency of deconstructionism and self-analysis, where the initial stages of civilization’s cradle of creativity progresses along a historical regression of questioning and results in cynicism.  Paraphrasis — that need to restate but in different words and altered forms — is a tendency of inherent need to understand and comprehend at a lesser level; for, the original is almost always the greater one in comparative analysis and methodological foray.

Reduction is a corollary of paraphrasis — of attempting to whittle words down to a common denominator of meaning, much like Orwell’s expungement of words in his brilliant novel, 1984, where the totalitarian state would systematically extricate and erase previously known words and concepts.  Do concepts exist without words?  Once forgotten, can they be reintroduced into a world devoid of such constructs?  Do some societies view the universe in ways quite contrary to our own, where parallelism of thought and content fail to intersect because the alien nature of “their” way of thinking is incommensurate with “our” way of viewing the world?

Metaphors are meant to enrich and enhance; it is a uniquely human way of perspective and angle, and constitutes the antidote to linguistic reductionism.  For Federal employees and U.S. Postal workers who are struggling to prepare an effective “Statement of Disability” on SF 3112A, one is well-warned and instructed that the use of a tool in language must be approached with caution, but with a delight to inform, convey and communicate.

In the end, the vast array of tools and substantive pouches filled with magical dusts and sprinkling residues of creative myths — all must come down to the proper usage and effective application of words, phrases, thoughts and conceptual constructs.

For the Federal employee and U.S. Postal worker who must formulate an effective Federal Disability Retirement application, whether under FERS, CSRS or CSRS Offset, the manner one approaches the Statement of Disability, the methodology of logical argumentation, and the legal references needed to cite in submitting a winning Federal Disability Retirement application to the U.S. Office of Personnel Management, may come down to a mere metaphor as an antidote to paraphrasis and reduction.

Sincerely,

Robert R. McGill, Esquire

 

Early Medical Retirement from Federal Employment: Magic extinguished

Once, we were all children.  Of dreams once entertained, and roles of play-acting embraced; when once lines between reality and fantasy blurred like the fireflies burning brightly against the midnight sky, only to disappear and reappear, then fade into the quietude of dawn’s inevitable encroachment; and we, like fairies and angels on wings of carefree butterflies, wrapped in colors unimaginable but for unfettered naiveness and fenceless pastures of creativity, ran through the fields of time unconcerned with the worries and tumults of adulthood and the withering trials of timeless eternity which one day, not long hence, would come to gather up the faces of consternation, because we had to “grow up”.

There was magic, then, unextinguished even for the child with forlorn eyes who was constantly yelled at, heard through the walls of societal ingratitude, and when friends and neighbors huddled and shrugged, hoping against fear that Emily would not be spanked and Benny would not be kept behind.  That magic became extinguished — not because we didn’t care, or that grownups can’t remember what it is like to be childlike and innocent; but because life intervenes, interrupts, and disrupts the flow of humanity; because meanness prevails and technology assails; and because, while we say we care, and some of us do, we just don’t care “enough”.

Then, there are the “realities” of life — of making a living, embracing a career, getting married and doing all of that “stuff” that entanglements with another soul comes bundled with, and suddenly the uncomplicated mind where a stick becomes a sword, a pasture becomes a battleground, and the short, fat kid is named Napoleon, disappears like the wisp of willows bending at the easterly winds suddenly snaps, and we are back to facing the problems of life.  And medical conditions.

That is often the tragic mold of the Federal employee or the U.S. Postal worker who must cut short his or her career because of a medical condition; fortunately, however, under FERS & CSRS, or even CSRS Offset, you can file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Does attaining an OPM Disability Retirement annuity bring back one’s childhood?  No.  Does it guarantee happiness? Nothing ever does.  But that is the telltale sign of adulthood — of recognizing the chasm between expectation and reality.  The process of preparing, formulating and filing for Federal Employee OPM Disability Retirement benefits is a long and arduous one, and it is beset with potential bureaucratic entanglements and complex legal challenges which must be faced with calm rationality.

Brave hearts and vanguard souls must always face and endure, but it is often the best course of action in order to attain the next phase for one’s life, in order to care for one’s medical condition and achieve that level of equanimity for life’s future challenges.  Yes, perhaps the magic of childhood lore has been extinguished forever, and the adult life’s “stuff” has replaced those yawning days of make-believe; but of the future, what remains is that which we make of it, whether in making it up as we go or mucking it up further.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: The reservoir of vitriol

Do you ever wonder at the seemingly inexhaustible volume of time people spend on expending and expiating their reserve of malice, hatred and sheer meanness of being?  Time and energy spent on gossiping about others; of planning conspiratorial devices to undermine fellow coworkers, or to initiate harassing administrative sanctions and bureaucratic snafus in order to make life tougher, more miserable and uncomfortable for someone else.

More modern cars have a warning indicator informing the driver that the low fuel has resulting in the use of the “reserve tank”; for those whose carelessness can result with inaction ad infinitum, perhaps the depletion of such should require a further reservoir, and on and on — except for the impracticality of finding room for further gas tanks.   Ultimately, it all amounts to the same source, doesn’t it?  Whether you call it a “reserve tank” or from the primary one, depletion results from the aggregate of all, and the warning is merely a reminder to the clueless, and an excuse to nudge.

Similarly, at what point does a reservoir for vitriol need a warning indictor to light up for the source of such malice?  Or is human nature such that his or her depth of evil is irrepressible, and possesses an infinite chasm of depravity?

For Federal employees and U.S. Postal workers who have suffered at the hands of an agency or the U.S. Postal Service, through harassment, intimidation and sheer vitriol, and merely because the Federal or Postal employee has committed the crime of suffering from a medical condition and therefore is unable to perform one or more of the essential elements of one’s Federal or Postal positional duties, it is time to consider the innate nature of human malice, and determine whether it is even worth staying in an environment and atmosphere of negative returns.

Yes, careers are important, but at what cost?  Of course financial certainty provides a semblance of comfort, but to what end?  Filing 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, is a step not just to “get away”, but further, to reach for a goal in which health and human sacrifice are not exclusive possessions of the Federal agency or the U.S. Postal Service.  Understand the essence of human depravity; the reservoir of vitriol is inexhaustible, and just when you thought it couldn’t get any worse, the malice of man is only beginning.

Sincerely,

Robert R. McGill, Esquire