OPM Disability Retirement: Elevation of the Ordinary

The ordinary is in contrast to the extraordinary; the extraordinary, to the penultimate superlative; and perhaps one may go on to greater heights of adjectives, but the one which cannot be surpassed is that of “perfection”.

Various perspectives depend upon the manner of how we approach life; on the one hand, the “ordinary” can be viewed as comfortable anonymity — of a self-satisfied status of neither shining beyond nor underwhelming those around, but a quiet competence which betrays a quietude of monotony, of sorts.

By distinctive differentiation, the “extraordinary” is separated from the former by way of elevated characteristics that point out some level of accolades beyond — somewhat like those brighter stars within the vast universe of a sky filled with billions and billions of twinkling lights (can you hear in the background the voice of Carl Sagan?).

For some reason, we scoff at the ordinary and encourage a stature of the extraordinary.  Perfection is out of our reach; the extraordinary, however, is somehow seen as achievable, and so we become life coaches for our children within the microcosmic universe of our own lives: You can become X; You can do better; You can be the best; You are a special individual — etc.

When does the ordinary become a goal in life?  When everything and everyone is “extraordinary”, doesn’t the extraordinary become the ordinary?  When the elevation of the ordinary becomes a commonplace occurrence, then nothingness becomes something and everything becomes conflated and indistinguishable.  Until — that which was once ordinary is lessened.

When a medical condition prevents the Federal or Postal employee from doing the ordinary — of one’s job; of enjoying the weekends; of being able to just take out the garbage without pain, etc.; then the elevation of the ordinary becomes a focus of want.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the ordinary is elevated to a goal of satisfaction, then it is time to prepare, formulate and file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Focusing upon one’s health is an ordinary matter for most people — we take our health for granted.  When our health fails, however, then it is time to view the elevation of the ordinary as a means of reaching for a time that once was, where Federal Disability Retirement benefits will allow for the extraordinary circumstances to return the Federal or Postal employee to the desired goal of elevation back to the ordinary.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: The real me

Are there societies in which the non-existence of the concept of “self” reveals a qualitative difference in approaching life in general?  Does the fact that language embraces the singular personal pronoun in contradistinction to the plural, communal form (i.e., “we” or “us”) make a difference in the manner in which we see the world?

If “I” as the subject/nominative form or the “me” as the objective (accusative and dative form) were to be expunged from the English Lexicon, would the universe be shaken and the axis upon which rotation occurs be shattered such that earth would no longer remain as we have known it?  Or — beyond the modernity of linguistic philosophy, where there are no substantive philosophical problems which cannot be solved by Wittgensteinian means of clarifying, modifying or overhauling the language game utilized — will we merely go on as before and act “as if” the “I” and “me” did not exist, but carry on for selfish purposes, anyway?

There is always that hankering by each one of us that “if only…”.  If only people knew the “real me”; if only she could recognize the uniqueness of the “I” that doesn’t quite come out right because of my nervousness, shyness, etc.  If only the boss knew; if only my wife knew; if only my husband knew….

The cynic, of course, would counter with: Good thing no one knows the real you….  Or, is it really just another form of the philosophical conundrum that we have cornered ourselves into — sort of like Ryle’s “Ghost in the Machine” argument where Cartesian dualism doesn’t exist, and so there is no “real me” beneath the surface of what we present to the world — that, in fact, we really are boorish, one-dimensional and unsophisticated creatures who put on a good show, and that is all there is to the “I” and “me”: A composite of the Neanderthal who puts on a necktie and pronounces words and phrases in monosyllabic forms of grunts and groans?

For Federal employees and U.S. Postal workers who suffer from a medical condition and who must consider filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the real “I” or “me” is certainly not the person whom the Agency has tagged as “less than whole” because of the medical condition itself.

Yet, that is how the Federal Agency and the Postal unit will often approach the unfortunate circumstances of the Federal employee or Postal worker who reveals an intent to file for OPM Disability Retirement benefits under FERS.  No longer as part of the “we” or “us” team of Federal employees or Postal workers, the Federal Disability Retirement applicant is often shunned and sequestered, and generally harassed and placed under administrative sanctions — merely for revealing a vulnerability resulting from a medical condition.

That is essentially where the problem of the “real me” resides: Of how we pigeonhole one another.

To avoid that as much as possible, it is a good idea to consult with an Attorney who Specializes in Federal Disability Retirement Law, to fight back against the notion of the real me that the Federal Agency or the Postal Service wants to depict, as that malingering worker who once was X, but is now seen as Y.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation for OPM Disability Retirement: The flowers of spring

Poets describe them as metaphors for future hope; youth that still holds out for a time beyond, where life is full of unaccounted happiness and time yet to be spent without fear of regret; and for the old and dying, remembrances of a yearning that once stirred but are now waning for lack of vigor.

There are flowers in other seasons; and even when the winter months blow breaths of icicles that form with each quiet whisper, of the camellia that withers not nor wilts in the snow banks that whistle alarms of shuddering regrets; but of the flowers of spring we smile and walk aglow like so many elves reinvigorated by the accomplishments of having been Santa’s helpers in a workshop full of toys that brought delight.

The flowers of spring represent that glimmer of hope, no matter the station of one’s life, the stages that make passage through time inevitable towards that dark tunnel that pervades when sorrow weeps the midnight train that whistles through the cavernous calm of a trickling fade.  Must death always be the fate of Man when once hope was what the dream allowed?  Will the poet bring forth words of encouragement even when health deteriorates, madness screams and life seems but a faint murmur of a heart yet thumping for a yearning tomorrow?

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to endanger and threaten one’s career and the investments made for a future that once seemed so bright and certain, it may be that the choices presented are quite limited — like the flowers that can survive through winter’s discontent.

Federal Disability Retirement is an option that should be considered when the medical condition begins to prevent the performance of one or more of the essential elements of one’s Federal or Postal job, and consulting an experienced attorney to begin to map out a pathway out of the inconsolable chasms of winter and bring forth the flower of spring may be the first step in preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Holidays and weekends

It is often a difficult time for many, if not impossible for most.  Holidays represent the heightened requirement of gaiety and relaxedness (is that even a word?), where people get together, families gather and children run while without knowing the underlying reason, if only to reinforce the belief that had already been in place from the previous year – that holidays and weekends are a stressful time.

There is the familiar refrain: “Oh, the weekend is coming up!”  To which the afterthought by the grump always reminds: “And Monday always follows.”  Similarly, with holidays, the anticipation is often better than the reality: “Oh, the joyous holidays!”  And yet…  For many, if not most, it is a time of greater stress, of needing to get together with obligatory family members, and especially with those whom one doesn’t even care for.  Exacerbating the situation is often an underlying medical condition.

For Federal employees and U.S. Postal workers, the vicious cycle may be the weekends that are used to merely recuperate in order to survive during the work week.  Thus, instead of enjoying, relaxing, “doing things”, tinkering, etc., the weekend becomes a haven and refuge to regain just enough strength or rest the aching body in order to get through the grueling week of work.  Similarly, holidays become merely an extension of a weekend, and a 3-day weekend is just a longer excuse to hide away and lick one’s wounds.

For Federal employees and U.S. Postal workers who suffer from a psychiatric condition, including Major Depression, Anxiety, PTSD, panic attacks, agoraphobia, Bipolar Disorder, etc., holidays and weekends can further deepen the heightened reality of anxiety and depression, as the stress of the holidays themselves and the anticipation of what follows after a weekend can become magnified beyond comprehension and tolerance.

Consider preparing and filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management; for, if holidays and weekends have become a tumultuous time of overwhelming pain and despondency, and not the interlude to be enjoyed and become excited about, then it may be time to consider that the impact of the medical condition upon one’s ability and capacity to perform the essential elements of one’s Federal or Postal job is the underlying reason why the medical condition itself is worsening.

Holidays and weekends are not meant to be exclusively lived for; they are supposed to be mere intermissions where the rest of the week as well is looked forward to.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Possibilities to pursue

In one sense, it is nonsensical to ask the question:  “Is it possible to…?”  For, is there any limitation to the concept of the possible?  Isn’t it possible that there are Martians on Mars, but in a parallel universe unseen and concealed from the human eye?  Isn’t it possible that the room you leave disintegrates molecularly, then reconstitutes itself the moment you reenter?  Isn’t it possible that it will rain tomorrow, despite the national weather service predicting otherwise (this latter example is actually not too absurd, as it is a regular occurrence experienced by most)?

Does it alter the significance and qualitative relevance of the query if, instead, we exchange the word with “probable”?   Does probability by numerical quantification of possibility negate the extremes and unfettered boundaries of the possible?  Does a statistical analysis make a difference – say, if a “scientist” asserts that the chances of Martians existing on Mars in a parallel universe unseen is 1-in-1 Billion (as opposed to 1-in-999 million – i.e., are such statements and declarations really accurate at all?) – to the extent that it somehow replaces with credibility the conceptual construct of the possible?

It is all very doubtful, and beyond some cynicism of puzzlement and suspicion that such statistical assertions constitute a perfection of any reasonable methodological approach, the reality is that for the person who is struck by lightening while golfing on a sunny day, that 1-in-a-trillion chance is negated by the 100% probability that he or she was, in fact, in reality, struck by lightening, no matter what the statistical analysis declares.

In the end, probability analysis places some semblance of constraints upon the fenceless conceptual paradigm of possibilities, but it is the latter which compels man to attempt feats beyond the probable, and it is the former which places a reality check upon the limitless creativity of fools, madmen and eccentric geniuses throughout history.

For Federal employees and U.S. Postal workers who are considering the possibility of pursuing a Federal Disability Retirement application, whether the Federal employee or U.S. Postal Worker is under FERS, CSRS or CSRS Offset, the question often constraining is the probability consensus of “success” – and, yes, that is a consideration that the reality of a bureaucracy and administrative process should face and take into consideration.

In the end, the possibility of a successful filing can be enhanced by the probability factors that are required by law:  A methodological approach; a supportive doctor who is willing to provide a narrative connecting the dots between the medical condition and the essential elements of one’s positional duties; a systematic legal argumentation that provides a “road-map” for the Administrative Specialist at OPM; and an understanding that the possibilities to pursue can be qualitatively quantified by the probability of supportive documentation.  Go figure.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Nascent knowledge

At what point does nascence become a maturity of device?  Is it linear time, or merely to exist within a pendulum of boredom where thoughts have moved on to other matters?  Youth, in general, is expected to engage in folly; but of nascent knowledge, where the appended concept of the latter connotes an established fact, a truism tested, and a hypothesis verified – but yet to be tested by time-worn principles and assimilated into the cauldron of society’s greater mixture of things working, defects allowable, and warts acknowledged as harmless.

For, newness itself should not be a basis for permanency of status, and as knowledge cannot be verified until tested, so nascent knowledge is the dangerous of all because it combines the defiance of dual categories:  Because it is new, it has not yet been tested; because it is “knowledge” unassimilated within the paradigms of commensurability like tectonic plates shifting to see what fits and what cannot be accommodated, so the lack of verification makes it that much more suspect.  Yet, we celebrate nascent knowledge “as if” the preceding announcement itself is as exciting as the introduction of a product advertised.

Don’t you miss those days of gangsters and badlands, when cell phones and close circuitry of images were missing, such that the detectives had to actually pursue the criminals?  Now, much of criminal investigation is reviewing of forensic evidence, and avoidance of conviction entails attacking the science of DNA analysis and the credentials of scientific application.

We have allowed for leaps and bounds over pauses of reflection, and never can we expect someone to evaluate and analyze an innovation and declare, “No, it just isn’t going to fit into the greater paradigm of our society”.  Why is that?  Is it because all souls are up for sale, and anything and everything that is deemed “new” becomes by definition that which is desirable and acceptable?  Or, is it merely a matter of economics, that the survival of a company or product is based upon the announcement of a more recent version, and vintage of merchandise is left for those with nostalgic tendencies, old fogies who lack the vibrancy of youth and the cult of newness?  That is, of course, where law and society clash; for, in law, the reliance upon constancy and precedent of legal opinions weigh heavily upon the judgment of current and future cases.

For the Federal employee or U.S. Postal worker who needs to file 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, the acceptance of nascent knowledge should include the medical condition, the current circumstances, and the present impact upon the Federal or Postal employee’s job elements.  But as to nascent knowledge involving cases past and statutory interpretations of yore?

Those are the very basis upon which law operates, and for which nascent knowledge is anything but a folly untried and unintended for future use.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Medical Retirement: The language of law

Wittgenstein recognized that there exists various forms of languages within a community of a shared language — with words everyone understood, sentences all were familiar with, but the usage and meaning of which were unique to a particular group or set of individuals.  Such comity of meanings and esoteric application of language were designated as “language games”.  Information Technology groups have their own set of insulated meanings; advertising agents, insurance companies, and children who form an exclusive club may formulate within-community code words exclusive to the group alone, and alien to all around.

What, then, is the language of law?  Certainly, analogy and hypothetical models of similar situations and transactions are a part of it; and the methodology of argumentation is to show the familiarity of classes of subject-matter issues and identical-sounding situations which penetrate the judge’s capacity to accept and anticipate precedent-setting citations of prior acts.  Why the language game of the legal arena accepts as a primary basis of interaction similar-sounding prior fact-scenarios is often a mystery to “outsiders” (i.e., non-lawyers), and confounds with frustration the enormous expenditure of time and money in engaging such circuitous narratives of persuasive argumentation.

What about my case?  What difference does it make whether or not a decades-old case applies in an analogical manner to the facts at hand?  But that is precisely the point of the language of law; for, it is consistency of application and perpetuation of stability which makes for reverence for “the law”.  Arbitrariness and malleability creates suspicion of motives, and justice requires the fair constancy of applying “the law”.

This is important to understand in all arenas of the “language game of law”, and for Federal employees and U.S. Postal workers who may need to entertain the potentiality for 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, the entrance into “Administrative Law” (which is what filing for Federal Disability Retirement benefits through OPM falls under) is no different.

Precedent-setting cases develop over decades and epochs of lifetimes; and whether the OPM Disability Retirement applicant is aware of it or not, the compendium of rules, regulations and decision-setting conclusions are all guided by, constricted within, and influenced throughout, by prior cases handed down by judicial opinions rendered “on high” by administrative law judges and Federal Court of Appeals mandates.

Should case laws be cited in the submission of a Federal or Postal Disability Retirement application?  As the law is the hinge upon which society survives, so the question of persuasive argumentation may live or die based upon the vocalization of precedents.  But always remember that the language of law is a specific type of language game, and the exclusive club of legalese requires some training of usage, where applicability may sound like gobbledygook unless formulated with an ear towards coherence within the insular language game of law.

Sincerely,

Robert R. McGill, Esquire