Federal Disability Retirement Representation: Hope springs

“Eternal”, of course, is the ending and attachment that most would declare if asked to fill in the blank.  How many of us know of the origin of the statement, what it means, from whence it comes (yes, yes, a Google search is only one finger button away)?  It is often an afterthought – a “throw-away” line that one scatters about in response to someone else’s statement about “hoping to do X” or having “hope that X will happen”.

The reactionary response that is commonly stated is, “Well, of course hope springs eternal.”   The origin of the saying comes from Alexander Pope’s work, “An Essay on Man”, where he wrote:

Hope springs eternal in the human breast:
Man never is, but always to be blest.
The soul, uneasy and confined from home,
Rests and expatiates in a life to come.

What was he referring to?  It could be interpreted in many ways – of a reference to a life hereafter and the reason for living, struggling and being tormented in this life, with a view towards an eternal reward; or, that so long as there is hope, things will change for the better if you just stick around long enough.

Without hope, the devastation of life’s turmoil may never allow for a person to get beyond this day; it is with hope that is kept in the human breast that the eternal promise of a better tomorrow becomes possible; for, otherwise there is just fatalism to look forward to, or as Pope stated, a state of existence where “Man never is”.

The word-pictures evoked from Pope’s work are beautifully put, and provide images that allows for multiple interpretations.  The word “springs” is a carefully chosen word, for it gives the idea both of calm (as in the tranquility of a running spring) as well as a jump forward (as in “spring forward”), and thus establishes multiple meanings when tied to the reference point of “hope”.

Hope, ultimately, is the ingredient that allows for life to live for a future yet undetermined and yet to be defined.  That is what is important for Federal and Postal employees who suffer from a medical condition, such that the medical condition is beginning to prevent the Federal or Postal employee from performing one or more of the essential elements of the Federal or Postal job.  For, what other hope is there than Federal Disability Retirement benefits?

As the ongoing medical condition and the deteriorating aspect of the medical condition begins to squeeze out any hope left; and the impact it is having on one’s career and future starts to question the viability of any hope to be had; it is hope from X to Y – i.e., a future with a difference – that allows for hope to foster and thrive.

That is why, for the Federal or Postal employee who recognizes that hope in continuing in one’s job is no longer a reality, it becomes important to consider preparing, formulating and filing an effective Federal Disability Retirement application, precisely because hope springs eternal.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: As life passes by

It seems to come and go imperceptibly; we barely notice; then, one day, we wake up and life has passed by; the past is now an elongated prism through which we judge the remainder of our lives; the present is but the despair we feel because of wasted time allowed to blur beyond into a vestige of forgotten winds; and the future remains as the uncertainty we quivered about before we grew up.

As life passes by, we try and justify; for, language is the means by which we can validate ourselves.  Now, more than ever, it is the gymnast in linguistic contortions that seems to get the most attention, gain the greatest advantage and squeeze out the momentous timelessness.  Look at Facebook, Twitter, and all other social media forums; objectively, it is merely a blank screen where the one-dimensional universe of words and grammatical outbursts are annotated; yet, that is how the self-esteem of the greater society determines worth, relevance and significance.

All the while, however, there are real people with genuine problems, feelings quashed, personalities unnoticed and greatness tethered, that sit in corners of the world awaiting for recognition of singular episodes of kindness and accomplishments.  We can focus too much on ourselves; attend to updating Facebook too often; engage the limited characters of Twitter and worry unceasingly around circles of our own self-importance, and all the while, as life passes by, we remain ensconced in the limited subjectivity of the universe within our own minds.

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 the Federal or Postal job, the danger is that you can continue struggling as life passes by, and not attend to your medical conditions in the very “doing” of daily activities as life passes by, worrying about tomorrow and the next day as life “passes by”, and wasting the time left as the elongated past disappears into the lost memories, like those graveyards that litter the countryside forgotten and overgrown with ivy and sagebrush that obscures the memories of the dead and dying.

Filing an effective Federal Disability Retirement application, to be submitted ultimately to the U.S. Office of Personnel Management, whether you are under FERS, CSRS or CSRS Offset, may not be the answer to all of life’s problems, but for the Federal or Postal employee who must get beyond the impact of the medical condition upon the ability and capacity to extend one’s Federal career, it is nevertheless an important component in now allowing important moments – like properly attending to one’s health – as life passes by.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation Federal Disability Retirement: Law’s efficacy

When is “the law” effective?  Especially when speaking about an administrative procedure such as filing a Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset – what role does “the law” play in its procedural and substantive aspects?

Multiple distinctions are made on a daily basis with respect to the law’s efficacy; whether something is “legal” or not does not always mean that it is enforceable, for the costs associated may be prohibitively expensive.  To have a “legal right” does not always mean that one should necessarily assert it, for there may be practical considerations that come into play before moving forward with applying that which is rightfully existent.

Further, the mere fact that the law may be “on the books” may not necessarily mean that a society will always raise it up from the dead and apply it; for, as customs and normative constraints alter, modify and become transformed by evolution of thought, it may well be that dogs best left sleeping are the ones who are never bothered.

In Administrative Law – which Federal Disability Retirement issues are a part of – there is always the question as to what role, significant, relevant or somewhat in between, “the law” plays, as many steps throughout the procedure and process must deal with non-lawyers who have no clue as to the existence, force or applicability of legal matters.

Thus, should the “Bruner Presumption” be argued at the initial stage of a Federal Disability Retirement application even though the administrative specialist who is reviewing the Federal Disability Retirement application may have no clue about its impact, doesn’t much care and will likely not give much thought to its contextual relevance?

Does Bracey v. OPM matter when discussing the finer points of issues pertaining to accommodations and reassignment, or is that merely some esoteric legal argument that should be reserved for the Third Stage of the process, if and when a Federal Disability Retirement application is denied twice (both at the Initial Stage of the process, as well as at the Second, Reconsideration Stage) and is appealed to the U.S. Merit Systems Protection Board and comes before an Administrative Judge?

Should Simpkins versus OPM always be argued for Veterans with Service-connected ratings, no matter what the ratings are comprised of?

The law’s efficacy is ultimately determined not necessarily by the quantitative bombardment of effective methodological argumentation, but by the qualitative selectiveness of who to argue to, when to argue and for what purpose.  In the end, law’s efficacy is a strategic component that may determine the successful or otherwise outcome of a Federal Disability Retirement application, and should be considered thoughtfully and with great preparation.

Sincerely,

Robert R. McGill, Esquire

 

PM Retirement for Mental or Physical Incapacity: Those goals

What constitutes a worthwhile goal?  Is it determined by the outcome – i.e., a retrospective, outcome-based proposal, as opposed to the gambling one where one must enter into the dangerous waters not knowing what the future provides?  Are we so safely ensconced in life’s predictability such that we will not longer accept as a goal that which cannot be ascertained unless and until there is some guarantee?

Do people immediately criticize and diminish the stated goal by categorizing it as either “realistic” or “unrealistic”?  Is there a distinction with a difference between “dreams” and “goals”, where the former is unbounded and unfettered by the reality of expectations, whereas the latter must be confined to that which can be reasonably ascertained as achievable?

What of the child who “dreams” of becoming a major league baseball player – do we cite the statistical odds against it, even at the tender age of 5?  What if the child works diligently and shows some promise – daily exercises, practices at every aspect of the game, and joins this league or that and shows “promise” and “potential” – at what point do we advise him (or her) to give up and “become realistic”?

Are some dreams okay to retain and have despite any semblance of “reality” intervening to make them come true – like secretly wanting to be a novelist (even though not a single page, let alone one sentence, has been put on paper) or a pro basketball player (even if you are 5’ 3”, and certainly no Muggsy Bogues), just because it makes one “feel good” or allow for self-confidence by carrying a secretive self-image that one is not what one truly appears to be?

At what point do dreams become goals, and goals merely dreams?  Is it when you actually take a “concrete” step towards making a dream become a reality, that then you have a goal, because the latter is “achievable” while the former is not?  Or is it like that old Chinese proverb that Kennedy liked to recite (or was becoming a writer for John F. Kennedy merely a “dream” and that is why Ted Sorensen, his ghost writer, is the one who did all the writing that the former President merely dreamed about?), that a journey of a thousand miles begins with a single step?

Or, perhaps like the Federal or 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 one’s position with the Federal agency or the U.S. Postal Service, the goal is to become healthy again – or is it merely a dream?

Dream or goal, for the Federal or Postal worker trying to prepare an effective Federal Disability Retirement application, to be reviewed and determined by the U.S. Office of Personnel Management, like the potential baseball star or the best power forward in the business of pro basketball, the first step is the most important – of realizing dreams into goals, and goals into realistic dreams, whichever may be the case.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Outward appearance, inward thoughts

It is, of course, the core of Western thought, originating from Socratic arguments against placing one’s faith in the “appearance” of things as opposed to the Platonic Forms that represent true Being; and through Aristotelian arguments of a “substratum” that underlies the outward appearance, to the certitude of Cogito, ergo sum; then, the inner reliance where subjectivity and objectivity coalesce and the distinctions became undoable by Wittgenstein’s standards of banishing all Philosophical problems to mere linguistic confusion, and the belittling scoffs of Russell’s mischievous analysis; these, and many more in the history of contemplative reflection that has haunted the aggregate of outward appearance versus inward thoughts.

All of which brings us to the core of so many medical conditions – where so much cannot be seen and we often have to “exaggerate” just to get people to believe us.  Take “pain”, as an example – one can be in excruciating pain, and yet remain unemotional about it.  Even if an MRI result shows that there is a physical basis for which the pain is experienced, nevertheless, pain by definition is a subjective component, and cannot publicly be quantified.

That is why conditions such as Fibromyalgia, Chronic pain syndrome, Failed Back Syndrome, not to even mention Major Depression, Anxiety, panic attacks, etc. – how does one persuade others of the “real-ness” of the condition?  Broken bones, malignant tumors, catastrophic injuries; these, inward thoughts (believability) are consistent with outward appearance.

There is, in the end, a distinction with a difference that must be acknowledged, between “having a medical condition” and “proving a medical condition” – especially when it comes to preparing, formulating and filing an effective Federal Disability Retirement application.  There are, moreover, certain factors that “favor” the Federal Disability Retirement applicant – such as the standard of proof (Preponderance of the Evidence, as opposed to higher legal standards out there); the weight and validity of a treating doctor’s opinion; and certain clinical evidence that moves the chess pieces beyond mere subjective opinion, thereby bridging the gap between outward appearance and inward thoughts.

Preparing an effective Federal Disability Retirement application requires more than just gathering a pile of medical documents and submitting it. In the end, the Federal Disability Retirement applicant must PROVE one’s case, in order to get beyond mere outward appearance and inward thoughts.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Reality and poetry

A woman sits on a park bench surrounded by the concrete giants of looming buildings and antiseptic structures overhanging and overshadowing all but the remnants of nature’s detritus, with the cooing pigeons that bob their heads back and forth as they meander about in the contrast between reality and poetry.

And she has a book in her hands.  It is a book of poetry.  Who the author is; what the verses metaphorically narrate; how the images impact the quiet reader; these are not so important as the oxymoron of life’s misgivings:  A city; the overwhelming coercion of modernity’s dominance and encroachment into nature’s receding and dying reserve; and what we hang on to is a book of poetry that reminds us that beauty is now relegated to printed pages of verses that attempt to remind of beauty now forever lost.

No, let us not romanticize the allegory of a past life never existent, such as Rousseau’s “state of nature” where man in a skimpy loincloth walks about communing with nature’s resolve; instead, the reality that man has lost any connection to his surroundings, and is now lost forever in the virtual world of smartphones, computers, Facebook, Instagram, Twitter and Texting.

The tactile experiences of our individual encounters with the objective world is now merely the touch of a screen, and feel of glass, metal and plastic, and the pigeons we feed with such joy and excitement from park-benches manufactured with recycled materials so that we can “feel good” about the environment that we have abandoned.  And so we are left with the reality of our lives, and the poetry that we always try and bring into it, if not merely to remind us that there is more to it all than work, weekends and fleeting thoughts of wayward moments.

For Federal employees and U.S. Postal workers who suffer from an additional reality – of a medical condition that impacts his or her life in significant ways – the third component is not a mere irrelevancy that complicates, but often becomes the focal point of joining both reality and poetry.  Medical conditions have the disturbing element of reminding us of priorities in life.  Reality, as we often experience it, is to merely live, make a living, survive and continue in the repetitive monotony of somehow reaching the proverbial “end” – retirement, nursing home, sickness and death.

Poetry is what allows for the suffering of reality to be manageable and somehow tolerable; it is not just a verse in a book or a line that rhymes, but the enjoyment of moments with loved ones and those times when everything else becomes “worthwhile” because of it.  But then, there is the complication of a medical condition – that which jolts us into wakefulness of a reality that makes it painful and unacceptable.  What is the road forth?

For the Federal employee and U.S. Postal worker who suffers from a medical condition, such that the medical condition now makes even work at the Federal agency or Postal facility intolerable, preparing an effective Federal Disability Retirement application is at least a path to be considered.  It is a long, arduous and difficult road that must wind its way through the U.S. Office or Personnel Management, but the choices are limited, and surely, you never want to abandon the poetry of life, and be left with only the reality of the medical condition?

Sincerely,

Robert R. McGill, Esquire