OPM Disability Retirement Denials: Selective reasoning

Of course, we all engage in it; some, merely by withholding certain known facts; others, by emphasizing and asserting portions of the logic employed while ignoring or deliberately averting the focus of other aspects.  Selective reasoning through deliberate omission is the height of pragmatic oppression; for, when it is accomplished with knowledge and self-admission of premeditation, it involves a mind that knows the difference between proper application of logical reasoning and the intentional misrepresentation of facts.

We engage in such folly during the course of normal fights and argumentation; for, to win is the basis of arguing, and the ends often justify the means.  Logic is a learned tool.  It is the foundation of sound reasoning.  It is not an inherent, in-born or even in-bred character of man, but it can bring out the evil therein.

As a tool, those who are good at it have a greater responsibility to use it wisely, honestly and with proper motives.  It is the “selective” part of the reasoning that makes for honesty of dishonesty in the reasoning process, and the anomaly and irony, of course, is that the process itself — of reasoning — necessarily involves selectivity, for logical argumentation encapsulates proper and effective selection of facts, syllogistic approaches and propositional logic all bundled into one.

The U.S. Office of Personnel Management engages in selective reasoning, and their denials of Federal Disability Retirement applications reveal a level of such selectivity that one must conclude that it is being done intentionally and with deliberate knowledge.

Beware of denials; for, they try and make it appear as if you never had a chance to begin with in your FERS Disability Retirement application. OPM will selectively choose to extrapolate from various medical reports and records, and fail to mention or highlight the selective portions omitted, then reason that there was “insufficient” medical evidence despite facts and rational argumentation to the contrary.

Do not despair, and do not simply allow for the 30-day time period in which to file for Reconsideration to lapse; for it is precisely such selective reasoning that is meant to discourage, and to make you think that the denial is dismissively disproportionate so as to justify giving up altogether — which is precisely what their selective reasoning is meant to accomplish.

Sincerely,

Robert R. McGill, Esquire

 

Legal Representation on Federal Disability Retirement Claims: The Privy

As a verb, it allows for sharing in information secretive within confidences kept closely held; as a noun, an antonym of sorts — of a most public facility where privacy is needed, but which everyone uses for the most common of needs — of a place where we relieve ourselves and perform bodily functions that redden our cheeks with shame when spoken about.

Are we privy to the intimate thoughts of friends and loved ones?  Do we ask where the privy is when in London, Tokyo or Idaho?  Of the last of the tripartite places so identified, the response might be: “What’s that, hon?”  Of the middle, it could likely be: “Nan desu-ka?”  Of the first, with a neat British accent or the melody of a cockney dialect: “My good chap, just around the corner over there!”

Confidential information or the toilet; how many words in the English language allows for such duality of meanings depending upon where the word is inserted into a sentence?

That is how Federal and Postal employees who suffer from a medical condition often feel about their situation when a medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job: For years, like the noun because he or she was a “valuable asset” to the Federal Agency or the Postal Service, where all confidential details were passes by you and you were always “in the loop” of everything important going on within the agency; then, when the medical condition hit and you began to take some Sick Leave and perhaps even a spate of LWOP, you were relegated to being a “noun” — no longer privy to the inner workings of the Agency or the Postal Service, but merely a privy on the outskirts of town.

When that happens — when you are no longer a verb, but an outcast noun — then you know that it is time to prepare, formulate and file an effective Federal Disability Retirement application, whether you are under FERS, CSRS or CSRS Offset, so that your place in the sentence of life will once again become an active verb, and not merely an outcast noun to be abandoned and forgotten in the grammar of vital living.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The Hesitant Hole

The famous one, of course, and the one which draws the imagination, is depicted in Lewis Carroll’s tale of Alice and her journey down the rabbit’s abyss; another, the one which determines the relative shortcomings of weather predictability, but that one is guided more by shadows and perceptions from above, as opposed to the one dug below; or, there is the one which we dig for ourselves, and the proverbial timelessness of our foolish deeds.

Of the first, we remember the endless stretch of our imaginations which is expanded by the creativity of the author and the world of fantasy; the second, the reality of the dread we feel for the weather, the cold and the shortened days of winter when we yearn for the coming lull of summer warmth; and of the latter, it reminds us that the consequences of our own misdeeds continue to haunt us despite trepidation and timidity.

Do holes have a character?  Are some holes dug with delight?  Like deep caverns reaching beneath sandcastles on dreamy days of childhood laughter echoing against the wind and waves of salted air; or of the deep crevices and potholes in roads of concrete and steel, when the shifting tectonic forces of nature collide with man’s attempt to construct artificial barriers against timeless changes of fortitude and fear; and the one’s we claw at.

The large ones created by bulldozers and other machines, do they not unravel the once-concealed arrogance of man?  And the careful pawing of the delicate hand in the timeless sand, where castles crumble with trepidations of joy?  But it is the grownup’s attempts at escape, of creating a hiding place where adulthood no longer allows for Alice’s wanderings into a virtual world of imagination and creative loss, and the dread of reality bearing upon the fearful universe we cannot understand, fail to navigate and refuse to negotiate.

The world is indeed a fearful place, and we wish there would always be a rabbit hole to fall into, if only to escape the harshness of our own misgivings.  But beyond that hole into which we inadvertently fall, it is the one’s we dig for ourselves — hesitantly — which create the greatest of calamities.  For, when we do it with trepidation and fear, it is the slow and incremental depth and vastness of it which escapes our immediate attention.

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 positional duties with the Federal agency or the U.S. Postal Service, it is that hesitation which continues to create the deepened caverns of choices for future security and certainty.

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 always a difficult decision to make; indeed, filing for OPM medical retirement means that a change is forthcoming, both in career and in finances.  But because the entire administrative process of filing for Federal Disability Retirement benefits through OPM is a long and arduous road to take, it is the hesitant hole which we dig by procrastinating, delaying and obfuscating that often makes for that seemingly endless fall from grace which Alice kept wondering about; but for her, at least she knew that the hole she fell into was the creation of the rabbit she pursued, and not the hesitant hole of one’s own making into which we cannot dig ourselves out from.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The Happy Meter

We have metrics for everything, now; devices simultaneously wearable as necklaces to gauge heart rates and exercising of limbs; of crystals which tell of emotive alterations throughout the day; and connective apparatus lest we lose a signal within the vast field of human interactions with the greater world in distant horizons.

Then, why not a “happy meter”?  How would it determine the accuracy within a spectrum of a day’s journey?  Would it be based upon a pinnacle on a graph? Or, perhaps it would calculate the average temperature between qualitative quotients of sad, neutral and ecstatic?  Or, maybe it would provide a needle prick, or a gentle nudge with a vibrating sensation or a humming sound which reminds us that we are now in the state we seek, of a joyous moment within the historicity of our own emotions.

But would it work, and would a happy meter merely gauge our state of being, or fulfill a self-fulfilling prophecy of self-aggrandizing need for knowledge reflective of foolish accounts as seen by other cultures and societies?  For the most part, any quantification of self-satisfaction would still require the affirmative input of the subject being studied.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition prevents the Federal or Postal worker from performing all of the essential elements of one’s positional duties with the Federal government or the U.S. Postal Service, the idea of gauging happiness as the sole criteria for seeking Federal Disability Retirement benefits is merely to identify one criteria among many.

For, in the end, “happiness” is just a byproduct resulting from multiple other factors, including a future sense of security; an idea of where one fits within the larger schematic plans of the Federal agency or the U.S. Postal Service; where one’s career path will go if the Federal or Postal employee attempts to remain in the job and the agency which cannot be completely fulfilled; whether a viable “accommodation” can be provided to allow the Federal or Postal employee to continue in the same position such that the Federal or Postal employee can perform all of the essential elements of the position; and multiple other and similar elements to consider.

Ultimately, one’s “happiness” cannot be determined by a mere quantification of heart rate, level of perspiration, or the stability of emotions and thought-processes; and while there is no mechanism discovered or invented, yet, which is encapsulated by a commercially salable Happy Meter, perhaps there will be one in the near future.

For the time being, however, one could nevertheless do what men and women have done for centuries, and simply reflect seriously for a moment upon one’s past accomplishments, determining present needs, and plan for one’s future security by taking the affirmative steps necessary to prepare, formulate, and file with the U.S. Office of Personnel Management, an effective Federal Disability Retirement application — today.

Sincerely,

Robert R. McGill, Esquire