OPM Disability Retirement: Explanation & Justification

At what point does an explanation begin to sound like a justification?  Is it when it becomes apparent that there is a personal stake involved?  Does the objectivity of an explanation lose its own justification when it becomes clear that the intended explanation crosses over into an attempt to justify the personal actions or beliefs of an individual?  Can an objective explanation justify a person’s actions without appearing as a justification; and do all justifications involve a personal stake, such that it goes beyond mere explanatory exposition?

Are all justifications “merely” an explanation with a personal stake, and are all explanations ultimately a justification for someone, somewhere, about something?  Why is it that an apparent explanation that turns into an obvious justification suddenly loses its credibility and sense of objectivity?  Is credibility itself gained if a third party provides the justification for someone else, such that there is no “personal stake” involved, and does such a third party’s explanation just as quickly lose his or her credibility if there is a “personal” relationship connected with the person for whom the explanation & justification is being made?

There is certainly a fine line between an explanation and a justification, and for Federal employees and U.S. Postal workers who are suffering 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, filing for FERS Disability Retirement benefits through the U.S. Office of Personnel Management may be the best option to choose from — and, when completing the questions posed on SF 3112A, Applicant’s Statement of Disability, it is well to keep in mind the distinction between “explanation” and “justification”.

Always keep in mind the words of Queen Gertrude in Shakespeare’s Hamlet, when she said, “The lady doth protest too much, methinks.”

Explanation on SF 3112A is good; explanation that begins to bleed of justification may raise some red flags.  To mitigate the distinction between the two, the Federal or Postal employee may want to consult with an attorney who specializes in Federal Disability Retirement Law, to lend credence to an objective approach in preparing, formulating and filing an effective Federal Employee FERS Disability Retirement application, to be filed with the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement from the Office of Personnel Management: Predictions

How did the first person accurately predict the oncoming change of weather?  Of course, some would contend that no one has accurately predicted such a thing, and would scoff at the thought.  Was it merely by observation?

Why did logic not overtake the attempt at prediction — of Hume’s contention that there is no such thing as a “necessary connection” between cause and effect, but merely a repetition of events that can be defied when, in the next instance, what one expected may turn out to be wrongly presumed?  Or of other events — of the outcome of a contest between two teams; of great horse races, the Triple Crown, or even of Olympic events: Can accuracy of predictions be statistically enhanced by observation, analysis, careful scrutiny and always with a bit of luck included?

And in the field of medicine — is a “prognosis” the same, or similar to, a “prediction” of sorts?  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, the requirements necessary in preparing, formulating and filing a Federal Disability Retirement application under FERS, CSRS or CSRS Offset includes a “prediction” of sorts — a prognosis that the medical condition will last a minimum of 12 months from the date of the application.

This does not mean that a Federal or Postal worker must wait for 12 months to establish that the medical condition itself will last that long, but merely that the medical condition itself will last a minimum of 12 months from the time one applies for Federal Disability Retirement — which, as a practical matter, makes sense because it takes about the same amount of time, on average, to get an approval from the U.S. Office of Personnel Management, and there would essentially be no point in filing if, upon an approval, you no longer suffer from the medical condition itself.

A “prognosis” is, indeed, a type of prediction, and most doctors will be able to provide “within a reasonable degree of medical certainty” as to the lasting effects and enduring nature of a medical condition, based upon experience, analysis and clinical encounters.

Now, as for the weather…

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Workers: Happiness revisited

What is it that makes people happy?  Is it constituted by generic categories (like “wealth”, “fame”, “friendships”, “popularity”, etc.), or is it specific to each individual (i.e., for Joe, it is to have sufficient time daily to become lost in reading; for Alice, the opportunity to go out with friends at least once a week; for Mary and Steve, to be in one another’s company, etc.) such that, while specific conditions can be described as the prerequisite for individual happiness, they can nonetheless be categorized into more generic forms while never losing the unique content of that which constitutes the essential ingredients for such individual happiness?

If generically-based, can it be “bottled” — i.e., advertised and sold?  Isn’t that what much of commercial advertising is all about — not the product itself, although that is the ultimate goal, but of the underlying message that by means of the product, the end will result in happiness?

Thus, teeth whiteners and dental conglomerates don’t just sell straightened teeth or gleaming smiles; rather, they sell happiness.  Otherwise, why else would everyone be smiling stupidly and pretending (for that is what actors and actresses do) that they are ecstatic in their roles?  And car insurance, life insurance, reverse mortgages and financial institutions — what are they selling but happiness through security and a sense of peace?

More importantly, should happiness ever be a goal, or is it best to allow it to remain as a byproduct and a natural consequence of a worthy life’s endeavors?

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, the issue of one’s happiness is always present in stark contrast to the current human condition of deteriorating health: for, misery is the flip-side of happiness, and to that old standardized testing torture we all had to undergo as school children, happiness is to health as misery is to ___?  What would be the appropriate word used to fill in the blank?  Ill-health?  Sickness?

When one’s health deteriorates, the priorities of life suddenly come into sharper focus, for health is the foundation from which all else flows. Happiness, one begins to realize, cannot be the center and foundation; it is, instead, a byproduct of good health, solid relationships and productive careers, and filing for Federal Disability Retirement is a means to an end, whether you are under FERS, CSRS or CSRS Offset.

Thus, for the Federal or Postal employee who begins to 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, serious consideration should be given to filing for Federal Disability Retirement benefits, to be submitted, reviewed by and approved by the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Force of laughter

Is language necessary for laughter to follow?  If so, what accounts for the slapstick comedy that erupts with uproarious belly-shaking guffaws that reverberate throughout?  What is the fine line between laughter and sorrow — of the man who slips and upends upon a slippery banana left unnoticed on the sidewalk, to realizing that the injuries are serious enough to land him in the emergency room; what divides the chasm between comedy and tragedy?  And of the force of laughter — can it be forced and, if so, does the force of laughter have the same effect as laughter naturally erupting?

Say you live in an Orwellian state — a totalitarian regime somewhat like the one prevailing in North Korea — and you stand beside “The Great One” who cracks a joke.  You do not find it funny, and nor does anyone else; but you laugh, anyway, because you are expected to laugh on pain of death.  Is there a difference between that laughter and the one that you cannot help because the punch-line is so deliciously delivered that self-control cannot be exercised even upon pain of death?

What if a contest were held — of “Who can tell the funniest joke” — and it is between a known comic and again, “The Great One”.  You are one of 3 judges on a panel, and you know that if “The Great One” does not win the contest, you will likely be sent to a Gulag on the next train the morning after.  First, the known comic does his or her routine for half an hour, and everyone “loses it” and laughs with abandonment.  Next, “The Great One” goes through his routine, and everyone laughs just as hard, if not harder.

Can one distinguish between the first half of the contest where everyone has “lost it”, and the second half where the laughter is louder, the rolling on the floor exceeded exaggerated enjoyment, and by all accounts, “The Great One” received the louder laughter?

The force of laughter always possesses that duality of a conundrum: Laughter can be forced, but the force of laughter may not have the same force if force is derived from the forcing of it.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition has in recent times denied one the genuine force of laughter, it may be time to consider preparing, formulating and filing for Federal Disability Retirement benefits, submitted ultimately to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Laughter can be infectious, but when a medical condition deflates and dissipates the quality of one’s life, one’s career, and the incongruence that can come between health and continuation in one’s job, filing an effective Federal Disability Retirement application may become a necessity.  When the force of laughter is robbed because of a medical condition that has become chronic and intractable, filing a Federal Disability Retirement application through OPM may be the best option left in order to avoid that hollow laughter that comes from laughing at a joke delivered by “The Great One”.

Sincerely,

Robert R. McGill, Esquire

 

Legal Representation for OPM Disability Claims: The double-negative

Does it “tell” more than the positive?  Is the reduction by twice negating words of positive connotation a lesser meaning — a “softer landing approach” — than to declare it with a single positive note?

Thus, when a parent declares to a close friend or neighbor that his or her son or daughter is “not unpopular”, is it not the same as proudly stating, “He is popular”?  Is the double-negative more humble and sound less like bragging?  Is the meaning not unclear, or less unlikely, or not incomprehensible?  Or, what about a triple negative — say, if a person says that he is not not uncomfortable — is it a more polite manner of telling another that he is uncomfortable, but does each negative remove the bluntness of the root word such that the repetition of negation undoes what the foundation of the meaning provides for?

And how did grammar translate from linguistic insularity to real life?  When and how did we learn to speak in such negations?  Is it by stealth or cover-up that grammar reflects upon the negation of words, thus transferring such concealment into the language games we play?  Do we wear sunglasses to hide our eyes from remaining open as the window to our own souls?

For Federal employees and U.S. Postal Workers who suffer from a medical condition such that the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, the application of the double-negative becomes infused in everyday encounters with the workplace — of needing to use Sick Leave in order to attend to one’s health, but trying to appear well at work so that the workplace barely notices; of trying to remain in corners of anonymity despite feeling the need to be “up front” about it; and of appearing to be “healthy” on the outside and yet feeling the dread of hopelessness on the inside.

The double-negative is too often a reflection upon the way we are forced to live, and for the Federal or Postal employee who by necessity must file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, it is a reality that must unfortunately be faced every day.  But filing is important, and making that decision is a crucial one that must be faced — or, in the manner of the double-negative, it is not unimportant to begin the process of filing something as administratively complex as something which is not incomprehensible.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Benefits: The mind’s bookshelf

Entertainment is a peculiar thing in human psychology: happiness accompanies its anticipation, but during the process of “being entertained”, do we recognize our own joy, or are we lost in the suspension of our own inner world while being completely oblivious to the suffering around us?

We toil day in and day out with a singular goal, held by many, to enjoy a period of respite and entertainment — of becoming lost in a movie; of going to a play; of putting headphones on and listening to a favorite song, piece or series of favorites; of pulling from the mind’s bookshelf an episode of imaginative adventures or a wonderland of a dream’s figment.

Entertainment, joy, happiness and contentment are the ingredients of life’s admixture of troubles, trials and turpentine creations in a universe of chocolate-ice-cream-not-quite-right, ups and downs and joining and break-ups; it is a mixed up world where everyone is trying to extract an ounce of pleasure when the last cupful has already been taken.  Then, there is the capacity of the human mind that has just had enough — where too much bombardment of stimuli leads one to withdraw, become reclusive, and seek the solitude of one’s own soliloquy of minds.  It is a rather peculiar concept, is it not?

To withdraw within the mind’s bookshelf — that corner of studied solitude where others cannot share, and only the loneliness of one’s self-induced privacy allows for an entrance and exit to the backrooms of an unlit alcove that is marked “private”, and where no admittance is allowed except by exclusive invitation only.  It is when even the mind’s bookshelf is toppled by the troubled waters of the world that too much stress, too much stimuli and way, way too much intrusiveness begins to overflow.

That is what a medical condition tends to do — for, when it becomes chronic and begins to gnaw at even the privacy of the mind’s bookshelf, then the unbearable nature of one’s condition requires a change.  For Federal and Postal employees who suffer from a medical condition such that the medical condition begins to invade even the privacy of the mind’s bookshelf, it is time to consider preparing, formulating and 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.

When even the last refuge from life’s turmoil has been invaded and violated — of an inability to attain any restorative sleep; when profound fatigue overwhelms; when chronic pain becomes unrelenting; when one’s focus, concentration and ability to retain even a semblance of cognitive acuity is progressively being lost; then, the inconsistency between one’s essential elements of a position and the medical condition becomes quite clear, and it becomes necessary to file for Federal Disability Retirement benefits.

Joy of life comes from having the key to the mind’s bookshelf, and when that is no longer possible, it is time to file for OPM Disability Retirement.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: Working to preclude

Aren’t most of us perennially, incessantly, constantly and by chronic despair in that “emergency mode” of operating through life?

We are working to preclude: Some imagined disaster; some trouble just around the corner; some depth of a hole we cannot dig ourselves out of; and some problem that we are thinking about that is developing that we are not yet aware of.  Few of us actually work with a positive attitude to build; fewer still with a confidence that tomorrow will bring some answers; and rarely, of that person who does not work to preclude.  Caution is the mainstay of a troubled past that left a child anxious, uncertain, self-conscious and entirely lacking of self-confidence.

That is why that wide arc of “self-esteem” training that began to spread about in the classrooms and throughout communities took hold – in the false belief if we just kept saying to a child, “You are worthy” or poured accolades and trophies just for showing up, that somehow we would counteract the deep imprints left upon the cuts and scars that were perpetrated by homes of divorce, emotional devastation and incompetent parents.

Working to preclude is often a form of sickness; it is the constant scrambling to try and play prevent defense, and how often have we seen an NFL game where the team that scores first and many times ends up losing because they spent the rest of the game working to preclude?

For Federal employees and U.S. Postal workers who are suffering 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 constant effort in working to preclude the Federal Agency from putting you on a Performance Improvement Plan (acronym “PIP”), issuing a letter of warning, or proposing a removal based upon excessive absenteeism, being on LWOP for too long, or for poor performance, leaves a hollow feeling of an uphill battle that can never ultimately be won.

Filing a Federal Disability Retirement application, to be submitted ultimately to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is a step away from working to preclude – it is, instead, a positive first step towards securing a future that is otherwise as uncertain as one’s efforts in working to preclude.

Sincerely,

Robert R. McGill, Esquire