Medical Retirement for Federal Government Employees: The shelf

The various components of our lives reveal the type of species we are, and the reflected anthropomorphism that parallels cannot be avoided.  Is the clutter in our life an expression of functionality or of an ostentatious display to stand out and apart?

The car we choose to drive; the clothes we wear; the expressions we adopt, undertake and use with aplomb like so many water balloons thrown from around the corner in anonymous chuckles once the projected implements explode upon the shameless lives of unexpected strangers.

What do we place upon the shelves that line the walls of our own personalities?  The shelf is a strange contraption of human invention; what other animal or species of alien origins has invented such a thing?

It serves a purpose both of functionality, practicality in storing effects, and at the same time, satisfying a human need to display and present to any who visit and succumb to the curiosity of watchful eyes. Or, is it to store and forget?  Where the shelf is placed is telling; is it in the basement where relics are stored, or out in the living room against the wall, or the foyer, the recreational room?

What do we place on the shelf — photographs, and if the photograph lies face down, does it mean that those who posed for it are now in disfavor and no longer merit the studious appreciation of all who visit?

Is the shelf lined with books, and are they in alphabetical order, or in some semblance of genre-driven or other means of clean and logical categorization?  Are they first editions, signed, hardback or paperback, or just a bunch of books bought at a used book store to impress any who might peruse the shelves of you?

And what of our “mental shelves” — what do we line upon them, what storehouses and warehouse are collected in dusty bins and small knickknacks that clutter the inner thoughts of our lives?  Have we placed certain memories upon “the shelf” and forgotten about them?  Or do we reach for them when we are lonely, abandoned and left to our own devices?  Have we come to a point where we consider our own lives to be “shelved”?  Or, do we submit quietly as others have determined to “shelve” our own careers as we sit quietly upon the shelf of living and wait for the dust to collect?

For Federal employees and U.S. Postal workers who suffer from a medical condition where one’s career has been placed on a metaphorical shelf — one where you are now relegated as a nonentity and barely recognized, much less acknowledged to even exist — it may be time to prepare, formulate and file an effective 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.

Agencies and the Postal Service tend to do that to their fellow human beings — of treating them as mere displays upon the shelf otherwise placed in a corner or down within the basement, and often, it is the medical condition and the loss of productivity or efficiency that determines the order of where you are placed on the shelf.

Preparing an effective Federal Disability Retirement application can take your off of that shelved status, and return you back to the world of the living, where dust and detritus may not be the order for the day; at least, not yet.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Legal Representation: Paradoxes

Quine, probably the greatest logician since Bertrand Russell, notes that paradoxes often occur as a result of presumed beliefs otherwise left unstated, and once they are “fleshed out” through query and made explicit via closer scrutiny and analysis, the portion which befuddles often disappears.  Confusion within a language game, of course, is often a large part of it, and certain unstated preconditions and assumed facts otherwise implicit and hidden will leave the stated portion incomplete such that others must come along and unravel the mystery.

In a similar vein, statements made as “necessarily” so also retain unstated presumptions.  Thus, if we claim that “the sun will rise tomorrow”, we are asserting that it is “necessarily so”.  If a child asks, “Why is that so”, we will often revert to nothing more than Hume’s response that because it has always risen in the past, and the revolution of planets and rotation of the earth around the sun has been a reliable compass upon which we can depend, it is the regularity of events in the past that determine the necessary expectation of repetition for the future.

It is, then, those unstated or “hidden” presumptions that made certain statements and claims unclear, and the job of an attorney is to clarify that which is left in a muddle.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where it becomes necessary to file an effective Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the questions surrounding paradoxes and necessity can be important.

Medical conditions can certainly be paradoxes.  Without explanation, they can debilitate, progressively deteriorate and impact a person’s ability and capacity to continue on as before.  Even with a medical diagnosis, prescribed course of treatment and sometimes surgical intervention, they may remain a befuddlement because of a lack of knowledge or explanation.

Having such a medical condition may nevertheless require that the Federal or Postal employee file for Federal Disability Retirement benefits because the Federal or Postal employee is no longer able to perform one or more of the essential elements of the Federal or Postal job.  The filing itself becomes a “necessity”.

The gap between the paradox of the medical condition and the necessity of filing a Federal Disability Retirement application through the U.S. Office of Personnel Management becomes quite clear: Necessity does not equal entitlement, and the paradox must be proven.  In doing so, implicit facts must be explained and explicated, and more than an argument of “because it has always been so” will have to be put forward to persuade OPM of the viability of one’s case.

To that extent, do not allow for concealed and presumed “facts” to defeat your Federal Disability Retirement application, and never allow your statement of facts to remain a paradox, lest it become “necessary” to engage further steps of appealing the Federal Disability Retirement process in pursuance of an approval from OPM.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Application: Success

How is it measured?  What constitutes it – a subjective sensation, an objective judgment, or the loosely aligned combination of both?  Is it the quantifiable reaction of others, or the measurable amassing of possessions and the value of the gross aggregate?   Is the last one atop a proverbial hill of owning stuff what determines and adjudges the success of a person?  How does one analyze a life – at what age, in which stage of the slice, and is there a specific point on a pendulum or spectrum, or is it more of a linear continuum where specificity in a point of historical categorization should be resisted in favor of looking at a wider expanse of a ‘period’ evaluation?

We sometimes state with dismay, “Oh, what a wasted life – a bum at so young an age, into drugs, imprisoned and wasting away.”  Then, if it turns out later that the same individual became rehabilitated, worked on the “straight and narrow” proverbial path and “made a name for him/herself”, we revisit our earlier assessment and declare the individual as a paradigm of success.

Or, how about its corollary or opposite:  In youth, a paragon of defining what success means, a near-prodigy of everything hoped for:  College at the top of the class; great job; early earnings of astronomical proportions; mansion with servants by age 30; self-made billionaire (an aside and a quip, and food for thought:  a couple of decades ago, we only heard of “millionaires”; now, there are countless “billionaires”; and now we are on the verge of recognizing the first “trillionaire”; query – is it because there are such people, or is it merely the result that world-wide inflation has steadily made currency more and more worthless and depreciated, or is it a combination of both?); perfect wife, near-perfect children (2 and a half by statistical standards); and the conclusion at age 35:  Success.

Then, at age 45, divorce, the kids are mere nuisances, bankruptcy looms on the horizon and criminal prosecution for embezzlement is hinted and rumored.  Do we retract the former declaration, or do we bifurcate it by saying:  Well, he was successful for the first half of his life, not so much in the middle years, and became a bum, a criminal and a miscreant in his later years?  Is it the entirety of an individual’s life to be assessed, or sliced in neat categorizations bifurcated for convenience of excluding the negative in balancing out a person’s achievements, then defining the applicability of what “success” means by sectioning off and cordoning into parts determined by subjective prioritization?

Thus, the concept of “success” is difficult to grasp in a general sense when applied to a person’s life; as an event for targeting, however, it is often focused upon a singularity of outcome.

In filing a Federal Disability Retirement application, to be prepared, formulated and filed by, or on behalf of, a Federal employee or a U.S. Postal worker, the narrow issue of success is quite an easy concept to embrace.  Success is to obtain an approval from the U.S. Office of Personnel Management, a Federal Disability Retirement annuity.  Failure is to not receive it.  The  “middle ground” of uncertainty in coming to a conclusion is where it has been denied initially, but there are still further stages — the processing of Requesting Reconsideration, an Appeal to the U.S. Merit Systems Protection Board, as well as a Full Petition to the Board, and the final of all finalized steps:  an appeal to the Federal Circuit Court of Appeals.

There, it is somewhat more reflective of life itself:  Success is still within one’s grasp, but there is still some work ahead to redeem the short-term failure in order to end up in the consequential judgment of a final assessment.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The beleaguered soul

They walk among us.  In modern parlance, the metaphor is equipped with “zombies” and the popularity of such cultural fodder.  People tend to watch such shows and laugh with nervous chatter; but the truth is, there is some inner fear and trepidation that is reflected by such haunting tales, where comedy is fused with the absurd.

The idea itself reverberates with signification of a nervous reality.  It is likened to that old movie (the 1956 version, not the 1978 remake), Invasion of the Body Snatchers, which frightened the French Existentialists because of the denial of that one human characteristic that made life worth living – of the human capacity to love, hate, and experience the sensation of “being”, now deprived by an alien source of devastating consequences, left devoid of the essence of humanity and purpose.

We dismiss such antics of entertainment with the same nervous laughter; all the while, we somehow recognize that, yes, much of life itself comprises a series of insidious detractions that diminish the liveliness of our very souls, but we continue to allow for it to demean and deprive, until we become nothing less than that which we feared all along.

The beleaguered soul is one who has been harassed, intimidated and incrementally put down, to a point where the skeletal remains can no longer withstand the turmoil of life, the travails of daily living, and the constant barrage of plain human meanness.  That life has become so complex such that few can put up with the inherent stresses, is acknowledged by most; but what we avoid and fail to decry, is the lack of empathy that follows, where sheer cruelty has exponentially increased to a devastating effect.  Over time, the zombies and victims of those alien body snatchers become the greater population of society’s burdens.

For Federal employees and U.S. Postal workers, the option to 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, is an “out” with a brighter future for tomorrow.

The Zombie genre and the movie predecessor leave little hope for the bleak predictions of a dystopian reality; but for the Federal employee and U.S. Postal worker whose medical conditions are such that the Federal or Postal employee can no longer perform one or more of the essential elements of one’s Federal or Postal position, the constant harassment and increasing violations of one’s rights and needs resulting from medical conditions suffered through no fault of the Federal or Postal employee, the effective preparation, formulation and filing of a Federal Disability Retirement application can allow for a brighter future where “tomorrow” may lead to another vocation, a second career, or at least some semblance of financial stability.

It is, in the end, the responsibility of the beleaguered soul to take a last stand against the injustices perpetrated, and to give one’s self a fighting chance that tomorrow is a better hope than the devastation of yesterday or today, and hopefully, that the lock on the door will keep out that pounding invasion, whether by a neighborhood zombie, an alien body snatcher, or a Federal agency or the U.S. Postal Service – sometimes mistaken for the other.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Faking it

We often judge the complexity and sophistication of a species by evaluating the extent of negative capacities.  Thus are humans considered to be advanced creatures because of the capability of lying, subterfuge, dissimulation, pretense of behavior, and other such undesirable characteristics. But other species can “lie” as well, if one accepts faking matters and circumstances as constituting that sort of advancement of evolutionary behavior.

Predators can “act like” they are asleep, or even dead or noticeably unaware, in order to lure the prey into a somnolence of cautionary approach.  Birds can mimicry others; and chameleons can adapt and change in order to engage in subterfuge.  But the true test of sophisticated advancement is the ability to defy an inevitable reaction to a cause, and to simultaneously suppress it.  As pain is a natural alarm system which the body necessitates a reaction to, so the act of concurrently concealing it requires an enormity of self-discipline rarely found in species other than in humans.

Federal employees and U.S. Postal workers who suffer from a medical condition engage in such subterfuge on a regular basis.  Whether in attempting to extend one’s career for a period greater than self-interest, or of necessity to survive among the pack of hyenas comprised of Federal agencies, their cohorts and co-conspirators, the Federal and Postal employee who suffers from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s job, faking it becomes a daily routine requiring self-containment and discipline of an extraordinary capacity.

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 an avenue of relief where the threshold and intersection between concealment and level of pain can no longer be tolerated.  It is the exit by which Federal and Postal employees find where once there was none.  For, in the end, the predator wounded and laying in wait for the injurious cause to approach with lesser caution, in order for the prey to become the aggressor, the danger is that one may wait too long and bleed to death, and unknowingly reverse the intended fortunes of the day.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Lawyer: The Balance of Body

Have you ever noticed that, if you attempt to compensate with one extremity over another, whether because of pain or temporary incapacitation in an attempt to alleviate and relieve the lesser limb, that the one in use becomes slowly debilitated as well?  The body is a balanced mechanism; it is designed to work in coordinated fashion, as a unit of entirety.  It may well be that if one component of that working aggregate requires temporary suspension, that another unit may, for a time, serve as the greater replacement by working “overtime”; but in the end, all workers are expected to return to full labor, lest the entire operation itself shuts down.

That is why pain and similar symptoms serve as a warning system for a greater condition.  People often think that compensating for a medical condition can be derived through persevering and ignoring; instead, what happens is that the other parts of the body begin to shut down and deteriorate.

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 positional duties in the Federal Sector, the attempt to overcompensate often leads to greater exacerbation, both in terms of the medical condition itself, as well as for the agency through bringing greater attention to one’s self.

It may be that a Federal or Postal worker may, for a time, get away with persevering and neglect of the warning systems; but in the end, the intricate and delicate balance of body, like the greater ecosystem of nature, will begin to reveal signs of wear and decay, and the time lost in taking the necessary steps will merely be unrecoverable segments of lapsed periods, where commas and pauses needed to be overcome in the preparation, formulation and filing of a Federal Disability Retirement with the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Attorney: Formulating the Effective Case

Is it inherently presupposed that a case to be formulated is one which should be “effective”?  By the insertion of that term, of course, it immediately implies a retrospective vantage point — an “ends” to “means” view of an outcome-based approach.

If a Federal or Postal employee who files for Federal Disability Retirement benefits, whether under FERS, CSRS or CSRS Offset, receives a denial from the U.S. Office of Personnel Management, one assumes that the case was not “effectively” formulated.  On the other hand, if an approval is received from OPM, one need not consider any such issue, but merely moves on to the “when” phase — as in, “When am I going to get paid“?

Outcome-based formulation of a case is never an unwise approach; but the mere fact that a denial is issued by OPM after reviewing a given Federal Disability Retirement application, does not mean that the case itself was not originally “effective” in the formulation and submission.

There are OPM “administrative specialists” who systematically deny cases; certain others who require a higher standard of proof beyond what the law mandates; and even those who extrapolate clear evidence in a denial which establishes eligibility for Federal Disability Retirement, but nevertheless concludes with a disapproval.  Such arbitrary outcomes may seem unfair and unwarranted, but it is a reality which must be faced.

In light of this, the positive outlook to embrace is the fact that Federal OPM Disability Retirement is an administrative process with multiple stages for appeals and additional bites at the proverbial apple.  From the outset, it is always a good idea to carefully prepare, formulate and file an “effective” case; but the mere fact that the first attempt fails to achieve the outcome desired, does not diminish or extinguish the positive assessment reached at the outset when first the Federal Disability Retirement packet was submitted; rather, it just means that additional proof and evidentiary addendum must be forthcoming to satisfy the bureaucratic process of further effectuating the efficacy of an already-effective case.

Sincerely,

Robert R. McGill, Esquire