Attorney Representation OPM Disability Retirement: The Grammar of Life

How we speak about the world; the words we use, the vocabulary inserted; and of the commas, hyphens and semicolons inserted; are they merely contained within the language games engaged, or are they reflective of a greater whole within aworld that views reality through the lens of language? Does what we say, how we speak, the words we choose and the accent intoned make a difference – and, if so, how, to whom and to what extent?

Certainly, it shapes how “others” see us, but what of our own self-image and the role we play in the everyday discourse of life?  When we refer to the “grammar of life”, the connotations and insinuations are endless; for, in this age of modernity, where most of us rarely encounter the objective world – except when crossing streets, sitting down for a meal or engaging in private acts otherwise unseen and unheard – but remain within the various “language games” of discourse, thoughts, self-reflection, analysis, contemplation and soliloquys.

Think about it; what amount of time is spent on reading, writing, responding to emails, getting on the computer, viewing, watching a movie, a video, discoursing with someone else, on our smartphones, texting, etc.?  In all such amalgamations of activities just described, we are merely engaging in the grammar of life – of the rules of speaking, emailing, texting, commenting, responding, initiating, etc.  The remainder – of actual engagement in the reality of this “objective” universe we must contend with – has become but a fragment of this surreal, virtual and insular world.

How much time have we spent on “perfecting” or otherwise becoming more skillful in maneuvering through the curves and pitches of this new reality?  Have we mastered the grammar of life, or are we just bumbling through the discourses as if reality is merely a byproduct and encountering the “world” is but a means to an end?

The Grammar of Life is important to recognize, because we spend a great deal more time in it than we recognize or admit to, and we were drawn into that alternative universe without any deliberative intent or acknowledgment of choice.

For Federal employees and U.S. Postal workers who are considering 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, you need to prepare to engage a “special” section of the Grammar of Life when coming up against your Federal Agency, the Postal Service and OPM, when preparing an effective OPM Disability Retirement packet.

For, in the end, it is the “ultimate” of putting together a compendium of language games – from how the medical reports and records are presented; to the legal arguments made; to the fashioning of the Applicant’s Statement of Disability on SF 3112A – all constitute and are comprised of the Grammar of Life, and if you have not been preparing throughout your life to take on such a challenge, it may be a good idea to consult with an attorney who has honed the skills of what to say, how to say it, and when to say it, which are the three essential rules in the Grammar of Life.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Lawyer: The Disadvantage of the I-Thou Perspective

People tend to expect the best results; and when a Federal or Postal employee files for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the applicant who is unrepresented and prepares, formulates and files the Federal Disability Retirement packet on his or her own believes that an approval is forthcoming at the First Stage of the Process.  Yet, often unaware and unbeknownst to the Federal or Postal applicant, the lack of separation between the I-Thou construct fails to provide a proper perspective of objectivity.

Allow me to expand and explain:  As the Federal or Postal employee who experiences the medical condition (the “I”) is the same person who prepares, formulates and files the Medical Retirement application (the “thou” from the perspective of the U.S. Office of Personnel Management), any sense of objectivity is often lost because the I and the Thou are one and the same person, and the Federal or Postal employee who experiences the medical condition is simultaneously the same one who is seeking an approval of the OPM Disability Retirement application.

Of course, that same scenario is repeated even if the application is filed through a Federal Disability lawyer (in the sense that the Federal or Postal employee still seeks to obtain an approval from OPM) with one major exception:  there is another “thou” perspective included and involved — that of the Federal lawyer representing the Federal or Postal employee who is seeking to have a Federal Disability Retirement application approved.

Objectivity is a crucial component of a Federal Disability Retirement application; that is why so many “silly” mistakes are injuriously embraced without self-knowledge or with disengaged awareness.  It is like the cook who loved the taste of arsenic, and thought that everyone else should as well; and so he sprinkled the deadly poison onto his own food and enjoyed the taste of his own creation, only to slowly die from the feed of his own foolishness.

There are many “kinds” in the arena of foolish endeavors:  There is the “quantitative approach” (“I sent them thousands of pages of treatment records”) which fails to ask the question, Who will read it all?  There is the “trusting soul”:  “I just signed a release and had them send it all directly to my Human Resource Office”.  Then, there is the person of naive disbelief:  “How could they not approve it with the medical conditions I suffer from?”

The problem with all of these is the lack of objective perspective; the I-Thou connection is now given the distance, separateness and objectivity necessary to determine the viability and effectiveness of each and every piece of the puzzle needed to put together a proper Federal Disability Retirement application.  Are there ever any guarantees in life?  No.  Can a lawyer who specializes in Federal Disability Retirement laws make a difference?  Yes.

Fortunately, unlike the metaphor arising from the cook and the salsa of arsenic, there are multiple stages within the administrative process of pursuing Federal Disability Retirement benefits through OPM, and a denial at the First Stage of the bureaucratic pathway is not irreversible, and does not result in the inertia of life rendered by ingestion of substances otherwise tasty but harmful.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The Blank Canvas

For a painter, it is either the sight of uncontrollable delight, or a subtle sense of foreboding into depths of despondency; for the blank canvas represents two sides of a single coin:  an opportunity to do what one can, or the beginning of that which may be rejected by an unappreciative public eye.  But that is the inherent anomaly of every opportunity presented:  potential success, or possible failure.

That is why we carry around within us quips of self-appeasement, in order to lessen the weight of expected shortcomings:  “Nothing gained, nothing lost”; “It is better to have loved and lost than to never have loved at all”; the list of 100 successful people who failed at first; and other proverbial self-motivators.  Within such realms of fear and loathing for the future, however, is the truth of living:  Nothing ventured, nothing gained.

Until one brushes the first dab of color upon a blank canvas, one will never experience the beauty of art, and while failure may never be the end product if one never begins, so success and the potential for human fulfillment can never be realized.  Unexpected circumstances in life often provide a basis for people to just “give up” in despair.

Medical conditions tend to be a foundational basis for such surrender to life’s inequities, and Federal employees and U.S. Postal workers who suffer from an unexpected medical condition, know better than most how unfair life can be.  Suddenly, the gush of accolades stops; the golden boy or girl of yesteryear is considered merely with a disdainful passing glance; and coworkers shun as if beset with a disease of contagion.  But Federal Disability Retirement is a benefit which is tantamount to a fresh and blank canvas:  it is an opportunity of sorts, and should be approached with the same rashness and expectation of delight as when once youth feigned ignorance of future forebodings.

Federal Disability Retirement allows for the Federal or Postal worker to have a fresh beginning, a new start, in painting a picture filled with bright colors and scenes of unanticipated opportunities.  While it may pay a base annuity of 60% of the average of one’s highest 3 consecutive years of Federal Service for the first year, then 40% every year thereafter, it is that financial bridge for future endeavors which must be considered.

It is a benefit accorded to all Federal and Postal employees who find that a medical condition now prevents them from performing one or more of the essential elements of the Federal or Postal job; but beyond the monetary benefits, it is also like the blank canvas which allows for a fresh start in a life often filled with gloom and despair, but where the plenitude of colors may yet be chosen with a steady hand for the future.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement for Employees from the Postal Service and Other Federal Agencies: Things That Go Bump in the Night

The nightmare of filing for FERS Disability Retirement in times of financial, emotional, and medical needs

Whether or not childhood fear and traumas have a long-term impact in determinable ways upon reactive capacities later in life; to what extent regularity of behaviors, consistency of habitual living, and early imprinting mechanisms influence subconscious firings of synapses, remains within the mysterious realm of esoteric knowledge investigated and analyzed by the coalescence of science, philosophy and psychology; but it is the lay person who must, during the process of unfolding discovery and wisdom, live the consequences of actions impacted by others.

Sometimes, however, it is not what others do, but rather, circumstances which manifest of untold trauma and misery, for which no explanation but a shrug of one’s shoulders can presume.  Medical conditions fall into that category.  How one reacts to it; the extent of the impact upon one’s life, livelihood and future; and the preparations one must undertake in order to secure the betterment for one’s life when once you get beyond the condition itself, if ever; these are all concerns and pathways of responsibilities which fall upon a person who suddenly finds him or herself with a medical condition of significant magnitude.

Whether physical in nature — where orthopedic pain, limitation of flexion and movement; chronic pain, profound fatigue, or neurological issues resulting from disc desiccation, internal derangement of joints, etc.; or of psychiatric issues encompassing the many complex diagnoses, including Bipolar Disorder, pain and anxiety issues, Major Depression, depressive disorders; it matters not in the end, for either and both impact those decisions which one must make in determining the pathway of one’s future.

For Federal employees and U.S. Postal workers who find that a medical condition impacts one or more of the essential elements of one’s job, consideration must always be given to filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset.

For Federal Disability Retirement, preconditions and pre-existing conditions matter not; it is not like an OWCP claim where the focus of query may attempt to undermine a claim based upon the origin of the condition; and so the “how” and the “why” are not relevant issues, as in “how did it happen” or “why did it occur”?  The relevant inquiry does not encompass the “time before”; it does not delve into the deep reaches of one’s damaged psyche, or of preexistent traumas in the far recesses of damaged lives.

Whether or not things go bump in the night when once we become adults matters less, than the experiential trauma of having to deal with present issues that impact one immediately.  Taking care of life’s interruptions is a necessary component of living, and for Federal and Postal workers whose future avenue of livelihood is impacted by a medical condition, preparing, formulating and filing for Federal OPM Disability Retirement is of paramount importance.

Bumps always tend to occur in the night; it is what the “thing” is that we must identify and resolve, and what bodes for the uncertain future into which we must venture.

Sincerely,

Robert R. McGill, Esquire