torney Representation for OPM Disability Claims: Equilibrium of life

What is the importance of maintaining one’s equilibrium of life?  The concept, of course, implies a “balance” of sorts, where there is an analogy of images that includes an orderly sequence, a scale that is suspended in the middle and not tilted to one side or the other, and a sense of calm and peace that pervades.  To be “out of kilter” is to have a loss of equilibrium; and somehow to embrace extremes is to manifest a loss of control.

We all lose our equilibrium of life, whether daily, weekly or in more tandem steps of ordinary outcomes.  Sometimes, it is something that someone said at work or just as you leave your house that “throws you off” and gets you into a “bad mood” and out of sorts; or, other times, it is some reminder that triggers something from one’s past, and places one in a foul mood for days on end.

The cottage industry of self-help motivations is alive and well; of acupuncture, therapy, the gym, corporate motivational speakers, healthy diets, unhealthy diets, quiet meditation, protracted yoga, pills for medications, sounder sleep cycles, changing one’s language to reflect a “journey” of sorts, religious fervor, causes to die for, therapy pets, guard dogs, and just plain dogs that come and give you unconditional love…these, and many more, allow for one’s equilibrium of life.

Whether we pay for it daily, weekly, monthly or yearly; whether the money is well-spent or ill-conceived; the goal is always, however you want to characterize it and in whatever manner the language game is cited, the result that is sought is all the same: equilibrium of life.

Then, hopefully, if even then, on one’s deathbed, one can shrug one’s shoulder as one is hooked up to complex life-support systems, and declare to one’s loved ones: “The key to the universe in order to attain the equilibrium of life is…” and gasp out one’s breath, not having had the life left to complete the sentence, and leaving loved one’s and those trying to listen in on the pearls of wisdom otherwise untold, and leaving everyone else out in the proverbial cold.

Perhaps there is a “key” to life that results in one’s equilibrium of life; or, not.

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 equilibrium of life is often out of sorts, out of kilter and off-balance, precisely because one cannot focus exclusively upon one’s health and maintenance of life’s blessings.

Filing a Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, may not be the “key to the universe”, but it is at least an initial, if small, step towards regaining the equilibrium of life.  And that, however small and miniscule an achievement, is at least a first step towards putting the key to life’s problems on layaway and looking with anticipation towards the proverbial light at the end of a tunnel.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation OPM Disability Retirement: Perspective versus reality

One may counter that the contrast is no different than that which we encounter daily, especially in this universe of millennials and post-millennial era – of opinion versus fact, or truth versus falsehood (and now the new one, of “news” versus “fake news” or “facts” versus “alternative facts”).  But “perspective” versus “reality” has some subtle nuances that need to be explicated.  For one thing, one’s perspective may be identical to the reality one possesses a perspective upon; or, more likely, it is merely an interpretation that may differ from someone else’s.

One could, of course, argue that all of reality is merely a perspective, and this would comport with the Kantian view that our phenomenological experiences can never depict the “noumenal” universe (Kant’s verbiage) that is outside of the categorical impositions of our human make-up, and that therefore the human perspective is something that cannot be avoided, anymore than a dog’s perspective can be assumed or challenged, or a bat’s perspective (refer to Thomas Nagel on that) would be understood or comprehended by a human’s perspective.

In other words, we can never completely disown the perspective imposed by the innate structures of our own “kind”, and thus it may be an error to ever represent a contrast between “perspective” and “reality” (thus the misnomer of the title above, “Perspective versus reality”), but should always encompass and embrace a commensurate connection of “Perspective of reality” (a consonance of the two) or “Perspective and reality” (a conjoining compatibility of both).

Yet, we know that certain people interpret things differently from what we believe constitutes an accurate portrayal of “reality”.  However, so long as we stay within certain confines of accepted normative interpretations, we rarely contest or openly disagree with alternative depictions, unless it is to obtain a consensus that somehow disproves the validity of the other’s portrayal (i.e., “Yes, but John, Joe and May agree with me”, as if quantification of perspectives somehow diminishes the accuracy of another’s; as opposed to saying, “Well, Copernicus thought otherwise while the rest of the world continued to maintain a geocentric perspective of the universe” – unless, of course, you are ignoring the “rest of the world” to include China, Japan, etc.),

Yet, there are factors that have to be considered when discussing the distinction between “perspective” and “reality”, and one of them often involves medical conditions – an element of reality that often skewers perspective.  That is why, for a Federal or Postal employee who is considering 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, the importance of relying upon accurate information, good and sound legal advice, and a straight and narrow path towards a successful outcome with the U.S. Office of Personnel Management (no matter the length of time it may take these days), is important.

For, medical conditions will often alter the perspective of an individual as to the reality of one’s situation, and so it is an “outside” source (the medical condition itself) which needs a counterbalancing force (otherwise referred to as an “objective” advocate, i.e., a lawyer) in order to present an effective, objective, persuasive representative in order to “re-present” the perspective of the Federal Disability Retirement applicant.  Thus, in short, it is a perspective versus reality issue, and thus not entirely a misnomer as previously stated.

Sincerely,

Robert R. McGill, Esquire

 

OPM Retirement for Mental or Physical Incapacity: Expunging the negative

If all negative words were expunged from the universe, would we hold only positive thoughts?  Or, is there an inherent, innate need to recognize and state the negative, regardless?

If you are sitting in your office and a lion walks in, pounces upon your least-favorite supervisor and devours him whole, do you turn to your colleague and calmly say, “He lived a very good life.”  For, in such a universe, expunging the negative has been already accomplished, and such statements as, “Oh, what a horrible thing to have happened!” is no longer allowable, and the law has forbidden such discourse of linguistic negativity.  Is it possible?

Does conceptual thought depend upon individual language, vocabulary and grammar?  Are there tribes and communities where there exists no language that elicits anything but the positive?  What if there was no word for describing an idiot, or a mean, unpleasant person; would we break the new law and immediately recreate such words and refill our empty prescription such that expunging the negative, or any attempt thereof, becomes an activity of futility and exercise of frustration?  Do conceptual constructs exist without words to describe them, or do words and language games impose upon us a reality that would not otherwise exist?

Thus, if a person does something “mean”, and is caught doing it, but we have no vocabulary to describe, confront, or otherwise accuse the person of the wrongdoing, would a shrill scream or a primordial groan be sufficient, or would we have to “invent” a word for the indescribable event?  Or, would the counterintuitive alternative be the case: The event, not having a word to describe it, and thus there would exist no such conceptual construct, therefore means that it does not exist, and thus is not “wrong” because there is no vocabulary or language game to identify it.

Whatever one’s belief on the matter, expunging the negative requires, at a minimum, a deliberative intent to “remain positive”.  That is often easier said than done, especially if you are a Federal employee or U.S. Postal worker who suffers 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 your Federal or Postal job.  You can certainly attempt to expunge the negative, but the reality is that the underlying medical condition, the harassment at work and the adversarial, hostile atmosphere will continue to exist.

Taking a “real” step – like filing a Federal Disability Retirement application through the U.S. Office of Personnel Management, whether you are under FERS, CSRS or CSRS Offset – is likely a more “realistic” approach, as opposed to relying upon expunging the negative and failing to see the emperor without his clothes.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Between balance and perspective

Between the two is a chasm often unnoticed, where the preface to either and both may be a skewed outlook or a myopic view of an issue, a trope of a trolley of hardships gone uncontrollably berserk; and once a person “gets over” the emotional turmoil of a reaction steeped in feelings, sensibilities and angst, then a certain condemnation of “balance” may arise, which then allows for a different “perspective” to develop.

Balance is often thought to come after perspective, as if the former is the more important conclusion to arrive at, whereas the latter is merely likened to the prefatory problems encountered to begin with.  But balance merely provides the spectrum; the weights at each end may now allow for a proper judgment and determination, but only as to the quantitative bunching of problems to be faced.

Perspective, on the other hand, allows one to take a step back and review the qualitative potentialities of a consortium of issues otherwise unavailable without the weighing of all issues simultaneously, to be evaluated, analyzed and judged upon.

It is that pause and moment between the two, however, that allows for the former to result in the productivity of the latter, and without that split, abbreviation and semicolon of reality, we may jump from the proverbial frying pain into the fires of our own making.  For, we like to think of ourselves as “rational” (whatever that means) and imbued with a capacity to view things in a “balanced” way, thus allowing a reasoned “perspective” upon all matters of importance.

In the end, however, do we ever follow the advice of sages long past, dead anyway, and suspected of gross negligence by the incomprehensible garnishment of society’s lack of empathy and understanding?

For the Federal employee and U.S. Postal worker who suddenly, or over a period of time, suffers 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 issue is often one of balance and perspective – how do I make a “right” decision that balances all of the issues involved?  And what is the “proper” perspective to arrive at, given all of the jumble of issues – whether legal, real, imagined or feared?

Filing a Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is an important decision to make from any perspective, and in order to arrive at a “balanced” judgment on the matter, the Federal or Postal employee needs to allow for that pause between balance and perspective to include a third-party voice to intervene and provide some advice; the only question is, will that comma or semicolon that allows for soundness of judgment be from a friend or cousin who may not have a clue, or from an experienced attorney who may be able to fill in the gap between the balanced perspective in making a proper decision?

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: The elixir of life

Is the substance we expunge necessarily the opposite of the positive?  Does the mere fact of expiation denote that which is unwanted, or merely no longer of utility?

In ancient times, an elixir was considered to be a substance of great desirability; it possessed multiple meanings, including a reference to that substance which was used in alchemy to alter base-metals into the gleaming riches of the natural order found deep beneath the chasms of the earth – gold.  Or, alternatively, it meant the potion or mysterious concoction that prolonged and extended life into an eternity of ecstasy; and in other definitions, a curative medicine that attended to all diseases, corrected every malady felt and balanced the unbalanced humors within the human body.

A further meaning has encompassed the concept of an essential principle – that core of something that provides an Aristotelian connection of all first causes such that when one discovers and comprehends the elixir of life, one has attained a pinnacle of wisdom next to the gods who otherwise mock the foolishness of human suffering and striving.  But back to the original query: What about the waste that is squeezed from the substance we desire – of human detritus, urine, scatological excretions and the leftovers of those thought to be unproductive; are they not necessary in that, without the capacity to expiate, it would rot within the cavities of the human tissue and destroy the very fabric that retains them?

We often fail, at the expense and detriment of our own thoughtlessness, to consider an inversion category of the original posit; we accept, at face value, that human functions of expiation and riddance constitutes just that – of throwing away, expunging, extricating and discarding – as a categorization we simplify into elementary concepts: what we consume and embrace is “good”, and that which we expiate is “bad”.

Thus do we build toilets in unassuming locations within a residence; outhouses are just that – some dilapidated structure constructed away from the home, and somewhat upwind from the wind currents that carry the daily odors of life’s contrariness.  But is that the proper way to view things?  Should we not, instead, liken our activities to that which a messianic proverb once elicited: How we treat the least among us reflects the true character of our inner nature?

Inversion thinking is a process that is too often overlooked, and because of this, we often walk through life passing by opportunities and gifts otherwise there to be accepted.

For the Federal employee and U.S. Postal worker who suffers from a medical condition, such that the medical condition no longer allows for one to continue with the present course of a Federal or Postal career, it was once believed that the elixir of life was intricately wrapped up in continuing the Federal or Postal job because it allowed for a certain career, standard of living and measure of self-worth.

This is where inversion thinking needs to be considered.  For, at what cost, and what price to be paid?

Preparing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often a necessary step in order to attain a level of continence such that the proper balance and focus can be reached – of one’s health, as opposed to continuing in a job that has become harmful; of separating from Federal Service or the Postal facility in order to escape from the daily harassment of somehow being “lesser” because of one’s medical condition; and all of the other garbage that is thrown at the Federal or Postal employee who suffers from a medical condition.

For, the elixir of life is not always that substance we thought was the pathway to a mythological fountain of youth, but an inversion of that thought – of removing, as opposed to taking more on; of separating, in contradistinction to enduring the pain; and of expiating, in contrast to accepting.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Imperceptible light shifts

They are almost imperceptible; in any event, we would not otherwise notice them but for the altered hue in morning’s glory of pink shades and yellow gleams of delight.  From one angle and perspective, one might miss the subtlety of a purple shade not otherwise naturally given to observation; from another, a shift, quite impossible to grasp and declare, but there nevertheless, and that is precisely what occurs with the imperceptible light shifts we miss in the daily lives of busy modernity that destroys and in incremental deterioration withdraws from grace.

But that we had the time, or made the way, for viewing and studying the changes of a world’s color; but we act as though we are colorblind, and rush through each day without noticing the alterations of the sensory universe we occupy.

Nature itself is a deceiver of sorts; from the sun’s rise to its apex of brilliance to the fall into twilight behind the arc of earth’s perimeter, we are unable to view the brightness directly, lest we blind ourselves in such a foolish attempt, or otherwise try and comprehend such source of solar energy in a figurative sense like the Cave Analogy in Plato’s Republic, of that chained soul who lives only within the shadows of appearances not reflective of reality.

No, it is the inability to feel the rotation of the ground beneath us that first welcomes the rising sun, then imperceptibly travels the distance to give us the gift of light, only to incrementally and with deliberative direction progress towards the pathway of twilight’s descent that allows for event a glint of the nether world.

Imperceptible light shifts may be seen in the refractive beauty upon a crystal’s gleam, or upon a clearing in a forest after a burst of rain; but it is in life generally that we must keep an eye out for the beauty of change, in order to be in consonance with a universe that is divorced from our instinctive sensibilities as the animals we once were in roaming the earth like the American Indian who followed the migration of the buffalo herd.

For Federal employees and U.S. Postal workers who are impeded in life by a medical condition, such that the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of the Federal or Postal position occupied, those life-startling but imperceptible light shifts are like the subtle hints of the body’s agony:  They tell us things that we already know, but are too stubborn to see.

Filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is never an easy perspective of a long and arduous road to take; but like those imperceptible light shifts, it is the gleam of a future’s hope that must pave the way in prompting that which is necessary, as opposed to what we merely desire out of life.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government Employment: Parting grace in silence

Does grace extend even when the intended recipient is unaware of its attachment?  Can the undeclared withdrawal of revenge justified have its own inherent rewards, without the unsolicited admission left silent by anonymity undaunted?  If given the choice between leaving the scene where injustice prevailed and dominated – of wreaking revenge or parting grace in silence – which would we choose?

Of course, there is a greater contextual awakening to be narrated before such an event would occur – of quietly enduring the daily harassment, the constant criticism and demeaning remarks; of refuting, rebutting and reacting, as against an agency that initiates adverse actions one after another in sequential persistence of unfettered meanness.

From that erupts the natural tendency in thinking:  “They can’t get away with this”; or, “If I have to spend my last dime, I am going to get even with them.”  Yet, is the cost of revenge worth the time, effort and expenditures depleted?  What does it mean to attain “justice” in an unjust world?  If a verdict is rendered or a settlement reached, what is the barometer by which one has regained one’s reputation, reestablished that one was ‘right’ or recuperated the toil of anguish and angst expended?

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, is not a surrender of one’s soul to an agency that has not, will not or otherwise cannot accommodate one’s medical conditions.  Rather, it is an admission that there exists an incommensurability between the particular position occupied and the medical conditions suffered.

That is the point made in the case of Henderson v. OPM, in which the U.S. Merit Systems Protection Board reiterated the alternative but equally valid approach in proving a Federal Disability Retirement case by a preponderance of the evidence:  a 1-to-1 ratio between a medical condition and an essential element of one’s Federal or Postal position is not the only methodology in establish a medical condition such that the Federal or Postal employee becomes eligible and entitled to Federal Disability Retirement benefits, but additionally, a showing that there is an incompatibility generally between the position occupied and the medical conditions suffered is also a basis for granting a Federal Disability Retirement benefit.

Whatever workplace issues have been a part of the content and context of a Federal or Postal employee needing to file for Federal Disability Retirement benefits, once that decision is made to prepare, formulate and file for Federal Disability Retirement, one might consider this:  The past has passed; the present must be endured while waiting upon a decision by OPM; the future is based upon the decision of the U.S. Office of Personnel Management; and in the meantime, where do you want to expend your energies?  You may want to consider parting grace in silence, instead of spinning the proverbial wheels heaping reactive acts of futile counterpunches upon those who know not the terms of justice.

Sincerely,

Robert R. McGill, Esquire