Federal & Postal Disability Retirement: The Variety Show of Life

It is never very predictable, and certainly not a monologue with a single voice conveying a logical sequence of events.  Life itself is more akin to a Variety Show — of singers in one moment, dancers in another; of solitary soliloquies by sometimes uninhabited corners, or a storyteller, then a story to be told; and discussions and accidents, or arguments and agonies.

The popularity of a Variety Show in its extravaganza of star-studded collections and unexpected appearances is an appropriate metaphor for the lives we live.  Whether by internal sufferings or external calamities, most people live lives that reflect the tumultuous bubbles of an unfolding drama.

Perhaps you believe your life to be mundane and monotonous; wait a while, and a calamity will uninvitedly appear at your doorstep, like the unwanted third cousin who pleads to stay with you based upon some suspicious blood-ties to a distant relative.  Or, maybe you believe that things are going wonderfully — until you find out that your spouse has been unfaithful, or your grown-up son or daughter has just done something that requires an emergency response.

Turmoil is often the norm and not the exception, and that is what makes of life a Variety Show.

For Federal employees and U.S. Postal workers who suffer 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 Federal or Postal job, the Variety Show of Life is often dominated by the medical condition itself — whether psychiatric in nature or physical pain manifested by daily discomfort and lack of restorative sleep, matters not.

Filing for Federal Disability Retirement benefits is an option that should be considered when the Variety Show of Life becomes a one-person act or event — like a medical condition that pervades ever corner of the stage.

Consult with an experienced attorney who specializes in Federal Disability Retirement Law, and change the acts which comprise the Variety Show of Life before the curtains fall upon a stage that turns quiet with misery and lack of mirth, and the empty chairs echo of solitary clapping leading to deadening silence.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement Benefits: Stop & Go

The rhythm of our daily lives is a reminder of who we are, how we live; and so the necessity of transportation — of driving a car, riding a bus, and even of a subway or the more traditional train; of how we ride for a time, then stop; then, ride again for a further time, then stop.

The work day is set up in the same manner, with a parallel rhythmical indifference: We work furiously for a specified number of hours, then pause, stop for a while — perhaps eat our lunch, go and use the “facilities”, and then rush back to “ride” for a while by working again, only to stop again for a brief moment, eat dinner, sleep for a bit, etc.  Throughout that rhythmic process called “living life”, we try and avoid all of the calamities of known origins and unknown expectations — and like the accident on the road we try and avoid, the living calamities (e.g., injuries; divorce; death, etc.) are there at unknown places and in foretold quantities.

Medical conditions, the frailty of human health, the mortality of the common person — these are all part of the dangers in the “Go” process; and when they occur, they make us stop, thereby interrupting and disrupting the “going” in life’s rhythm and forcing us to stop.

For Federal employees and U.S. Postal workers who suffer 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 Federal or Postal job, the medical condition that “stops” the goals, dreams and anticipated future of the Federal or Postal employee becomes the disruptive force of the rhythmic expectations of a life’s transitioning process.

The expectation is to always be “on the go”; and the frustration which is palpable is the “stop” of the medical condition.

Preparing, formulating and filing an effective FERS Disability Retirement application through the U.S. Office of Personnel Management is what is often needed to put the vehicle of moving forward and placing a person’s life back into the “go” mode; for, remember that a medical condition must be attended to, and is not merely a short break from the rhythm of one’s life; it is, in fact, of life itself, and the priorities we place upon that which is important and essential: of focusing upon one’s health, which is the engine of every person’s rhythm of life.

Sincerely,

Robert R. McGill, Esquire

 

Help with OPM Disability Retirement: Wintertime flowers

What do you tell a young child who tries to plant seeds in the fall, and when asked about the activity, responds, “I want flowers for the winter and am planting them now so that they will bloom by the time the cold comes”?

Do you: (A). Laugh and tell the child that he or she is being foolish, (B) Explain to the child that flowers don’t bloom in the wintertime, (C) Direct them to the proper plants that will produce the intended effect or (D) Let the child discover for him or herself as to whether such an effort will have any positive results?

Clearly, options A and B would not assist the child in learning and advancing one’s knowledge of the world (Answer B, while generally the case, ignores the greater effort required in explaining that some flowers do, indeed, thrive in the dead of winter or, alternatively, that this particular region is not conducive to certain plants); and choice D, while perhaps allowing for a greater lesson to be learned — may instead attain the wisdom of the harsh reality of the world through explanation and discussion.

Explanation and a proper understanding of the circumstances, context and limitations of one’s activities in light of the surrounding universe is the key to gaining wisdom and knowledge.

Given that, Choice C would obviously be the “best” option towards greater understanding.  Thus, it is not merely the vacuum within which what one is doing that matters; rather, it is the effective interaction between one’s activities with the greater world beyond that produces a balanced comprehension of one’s place in the universe, how one can be effective and even influential.

Camellias are wintertime flowers that continue to thrive despite the harshness of the environment; whatever the genetic make-up that allows it to remain in bloom while others wither or die, their hardiness in environments others hibernate from and shun is a testament to the reality that, indeed, there are such things as wintertime flowers.

That is sometimes a difficult reality and lesson to learn — for we too often categorize times of our lives in similar ways: In extremes where it is an “all or nothing” proposition.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows for the Federal or Postal employee to perform one or more of the essential elements of one’s Federal job, it is important to understand that the end of a Federal or Postal career does not necessarily mean that it is an “all or nothing” proposition.

There can be life even in the wintertime of one’s career; for, Federal Disability Retirement allows for the individual to work in the private sector, the state, county or municipal job, and continue to receive the OPM Disability Retirement annuity, so long as you remain under 80% of what a person’s former Federal Salary pays, and to the extent that it is medically justifiable that there is a distinction between the former Federal job and the non-Federal job.

Like wintertime flowers, you just have to find the right circumstances in order to thrive in the season of your life.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The language divide

Why is it that language is often so far removed from the living of life?  Was Wittgenstein correct – that it is a distinct world, separate and apart, that really has nothing to do with the “reality” of an “objective” universe?  Was Russell’s cutting quips about the bald King of France a way to point out that the primitive outlook of the traditional correspondence theory of language – that words, concepts, etc. are meant to parallel the objective world “out there” – doesn’t quite fit the proverbial bill, and that we are left with a linguistic universe insularly created and forever divided from the noumenal world that Kant had identified?

Take the following short puzzle that was recently heard: “There are eleven birds sitting on the telephone wire.  A young boy takes a gun and shoots one, and kills it. How many are left on the telephone wire?” Now, the answer to that minor conundrum should be quite elementary, but depends upon how we approach it.

From a mathematical viewpoint, one simply takes the numbers – a purely “theoretical” approach, divorced from the reality of the objective world in which we live, and subtract the 1 dead bird shot by the young lad, from the original number of birds identified on the telephone wire, and come up with the correct answer: 10 are left, because 1 was shot and killed, and therefore the mathematical equation: 11 – 1 = 10.  But it turns out that the correct answer is: “None”.  Why?  Because once the boy fired the gun and killed the 1, all of the others flew away.  Now, one can scratch one’s head and say with self-effacement, “Of course!  That only makes sense!”  Or, one can pause and say, “Now, why wasn’t that as obvious as the answer now seems, after it is pointed out to me?”

Now, contrast that with “real life”:  A hunter goes with his loyal dog and flushes out 3 pheasants from the forest; he takes aim and kills 2; 1 gets away.  He is later asked, “How many did you get?”  He answers, “Two.”  He is asked:  “Any left behind?”  The hunter looks at the questioner quizzically, with some puzzlement.  Why?  Because the question doesn’t quite make any sense – why would you ask such a question?

The fact is that there is a language divide – in real life, asking “how many are left” is not a relevant question, because the reality of living one’s life has already revealed the reality of the living.  It is only when we turn reality into an insularity ensconced within a theoretical construct does it become a thinking universe divorced from the objective world around us.

For Federal employees and U.S. Postal workers who suffer 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 Federal or Postal job, the issue of the language divide is a reality that the Federal or Postal worker must live with each and every day of your life.  That is because you live with a medical condition – the deteriorating effects, the daily symptoms, the chronic pain, numbness, gait imbalance, dizziness, vertigo, cognitive dysfunctions, etc.  The “world of language” doesn’t quite “understand” the reality of the medical condition, and is often inadequate to describe or decipher the sensations experienced.

That being said, in order to formulate an effective Federal Disability Retirement application, the language divide must nevertheless be bridged; for, an effective Federal Disability Retirement application must by necessity enter the world of language – of the Applicant’s Statement of Disability (SF 3112A), the medical reports, and legal argumentation with persuasive force; and it is the language divide itself which must become the vehicle for an approval from the U.S. Office of Personnel Management, so that when the single bird is shot, there aren’t any left to speak about on the telephone wire that connects language to the reality of one’s life.

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

 

Early Disability Retirement from Federal Employment: “Can” and “have to”

Does freedom allow and liberty mandate, or have the two concepts been conflated such that we envision a proverbial “free-for-all” in either and both instances?

Much of human history has been comprised of the latter – of Kantian obligatory categories imposed upon human behavior.  It is only of recent vintage that modernity has spurned the traditional categorical imperatives that wills the ought which spurs one to have to initiate, engage and complete activities despite a want of denial.  Today, the thought of “have to” is but a mere passing and flittering touch upon a calloused conscience no longer enlivened enough to compel movement, and “can” is the lie like the Marxist concept of the opiate that makes thoughtlessness the fog that is never lifted, and remains with the common man and the populous at large as the force of subservience throughout.

We are inculcated with the banal repetition of inane nonsense that we “can” do, be, reach anything and everything, and we don’t “have to” do anything that we do not want to.  Yet, concurrently, the implicit science of genetic predisposition dooms the concept of free will, and where once freedom meant something to slaves and their evil traders, and liberty required responsible sensitivity to the greater societal constraints that provide the foundation of a cohesive community, the current level of the combined, unfettered amalgamation – of freedom without restraint and liberty without responsibility – has brought us to the brink of a parallel universe with the history of Rome and its disintegrated empire.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition compels the Federal or Postal employee to “have to” file for Federal Disability Retirement benefits, the clash of cultural historicity that we witness all around – of the simplistic tension between freedom and liberty, responsibility and obligation, and “may” and “ought”, comes to the fore because the Federal and Postal worker with a medical condition used to be in a state of “can” when it came to career, leisure, activities and unrestrained potentiality, but now replaced with “have to” because of the intervening forces of an unwelcomed medical condition.

Don’t fret about it; we are all part of a larger force of history; we just never realize it until the coalescence of fate, history, destiny and personal behavior come together, where “can” was never anything but a fiction, anyway, and “have to” was always part of the human dilemma cajoling the rebellious spirit to subvert that which we can never fully avoid – the touch of the gods upon our inner conscience.

Sincerely,

Robert R. McGill, Esquire