OPM Disability Retirement under FERS: Interests at odds

A comity of interests has to arise in order for relationships to “work” — in whatever arena of meaning such a term must apply.  When interests are at odds, it means that the goals, orientation and direction of each of the parties are conflicted.  A “conflict”, of course, can be direct or indirect, and can be on various levels of complexities, but in general would imply a need to sever ties unless such conflicts are resolved.

In the employment arena, the comity of interests is fairly straightforward: The employer has a set of interests that need to be pursued; the employee, desiring to advance the interests of the employer, agrees to join in with the comity of interests in the common pursuit of stated goals.  Compensation is agreed upon; certain conditions are mutually stated and a contract, whether explicit or implied, is formed.

Conflicts may arise during the course of employment, of course; if a competitor makes an offer to the employee unbeknownst to the employer that directly or indirectly conflicts with the stated goals of the employer, certain ethical questions may arise.  Or, if certain employment conditions fail to be met, the “interests” of each begin to be “at odds” — an odd way of putting it, but that is the lexicon that has arisen in the employment arena.  It is almost a euphemism to avoid the harsh reality of other “choice” words.

Medical conditions can certainly “bring to odds” and damage the employer-employee relationship, and certainly Federal employees and U.S. Postal workers recognize that.

The “solution” that has been preemptively provided is the benefit known as “Federal Disability Retirement” — it is a means to avoid or otherwise resolve the conflict that arises when a Federal employee or Postal worker can no longer perform one or more of the essential elements of one’s Federal or Postal job — where, in the event of a medical condition no longer allowing for the Federal or Postal employee to fulfill certain of the employment conditions agreed upon (i.e., not being able to maintain a regular work attendance; unable to work full time any longer; taking too much SL or LWOP; unable to perform all of the essential elements of one’s job, etc.), then it is time to access the benefit of filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Of course, the “interests at odds” is not just between the employee and one’s own Federal Agency or the Postal Service — it is also as against another agency: The U.S. Office of Personnel Management who attempts to subvert, deny and otherwise place obstacles in obtaining an “approval” for Federal Disability Retirement benefits.

That is why the “interests at odds” needs to have an advocate — of an attorney who specializes in Federal Disability Retirement Law.  Consult with an attorney who can help you attain the comity of interests, and to counter that entity which clearly is at odds with your interests.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Legal Representation: Lives abstract and pointless

It is easy to speak about others in an abstract and pointless manner.  What is more difficult is to engage the complexity of a human being.  When we refer in such a manner, and reduce to a conceptual entity, the minimization allows one to refer to “it” as an object of derision.  Thus can one subordinate and state without feeling, “Oh, X is worthless” or “Y is a waste of time”, as if the value of an individual can be quantified like mineral ore or spectrums of inestimable qualities.

It is the cognitive process which is likely unique to the human animal, and has been variously evaluated, assessed, judged and analyzed by different philosophical schools of thought, under multiple titles like “An inquiry into human understanding” or “The puzzle of the human mind”.

Abstraction, placement of sensible objects into forms of conceptual paradigms otherwise negated by the particular; these generalizations have a duality of purpose, of utility that can be moral or evil, deliberative or of pointless venue.  Obliteration of the particular is consistent with the capacity of a nation to subjugate and murder in mass quantities, for it is by the vehicle of objectification that the subject can be ignored and shirking of humanity can be achieved.

From the ashes of the Second World War rose the stems of Existentialism, and Sartre and Camus positing the anguish of dead souls unable to experience the fullness of life.  And thus was the hero an unlikely one – of a solitary figure toiling despite the severing of that which gives impetus to life: the relationship between meaning and motivation.  For, Sisyphus was condemned to engage for eternity in the monotony of toiling to push the boulder up the incline, only to have it roll back down, then to repeat the senseless act endlessly.

It is this metaphor applied to life itself, and by which existentialism sought to bring meaning and purpose to the human condition.  That is why relegation to abstraction and subjugation to pointless conditions became the clarion call of protest for the tide of human suffering, like the Phoenix rising from the ashes of war left to devastation and human misery.

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 the Federal or Postal positional duties, the experience of being referred to as lives abstract and pointless becomes a daily encounter; for, Federal Agencies and Postal facilities place value upon the Federal or Postal worker only so long as productivity and the advancement of the Agency’s mission continues; and thus is loyalty defined as a one-way street leading up to the Agency’s doorstep or the Postal Service’s bottom line; never does loyalty embrace the Federal or Postal employee’s medical condition.

Preparing, formulating and filing an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is a way to break that endless cycle of Sisyphean plunder; for, in the end, lives abstract and pointless are defined not by what “they” are doing, but what you – the unique individual – are capable to doing, and escaping the harassment and adversarial actions of the agency by obtaining a Federal Disability Retirement annuity is often the best and only choice to attain that purposive goal.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from the Office of Personnel Management: The soul’s net worth

What is one’s sole net worth?  In a written format, the distinction between the two concepts are quite obvious; but if in a verbal exchange, would we be able to catch that subtle distinction of nonexistent intonation?  For, the exchange of the vowel “u” in the middle of the word for an “e” attached to the tail alters the meaning of the query, does it not?

From an evaluation of one’s singular calculation – of taking the gross amounts of estimated value of possessions and purchases and subtracting outstanding debts, etc., and accounting for one’s sole net worth – not taking into consideration one’s spouse’s inheritance or assets predictably to be acquired – to a theological analysis of a particular person’s essence, is quite a modification in the very context of substantive investigations.

How do we determine the latter?  Can “assets” be exchanged for “good deeds” and “debts” for “sins committed”?  Or must we be restricted to such a theological paradigm based upon traditional perspectives of Western conventional values?

Instead, why not transform the soul’s acquired possessions for “those deeds which have advanced mankind’s happiness” and the debited side of the ledger calculated by the diminution of joys snatched and by the pounds of flesh extracted, the cups of tears compelled and the scars left for eternity’s judgment?  And, if there is to be a consequence to follow, a bifurcation between paradise and hell, a mansion with many rooms or a shanty for the mendicant, then the dervish that seeks may yet account for past deeds if the good intent revealed later in life may vanquish those miscreant motives once unfulfilled in the early days of youthful vigor.

Yet, can a soul’s net worth indeed be calculated in terms of a sole net value?  Can we use the identical mathematical method in determining such a vaunted essence of Man’s substantive Being?  If the answer is ‘no’, then why is it done each and every day, not only by others, but surely by you and I?

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 Federal or Postal position, whether the Federal or Postal employee is under FERS, CSRS of CSRS Offset, does not the Federal Agency or the U.S. Postal Service calculate the soul’s net worth in that very manner as a determination of his or her sole net value?

That is, in essence, what a denial of a requested accommodation constitutes; it is what a judgment of termination can be deemed as, and it is precisely what is done when workplace harassment and increasing pressures to “get rid” of the Federal employee or U.S. Postal worker – all of these are means of determining the soul’s net worth by the vehicle of an accounting method tantamount to the sole net value of a person.

The sad thing is, like gods, angels and unicorns held in the fancy of a child’s palm, such a calculation is not only a sin, but a travesty reflecting the darkness of our times, and but for preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, the shooting of the unicorn would occur even more frequently while ignoring the pleading cries of a child’s trembling advocacy.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government Employment: Of Karl Popper’s ‘World 3’

Karl Popper’s division of the world into three clean segments of definable universes was, on the one hand, quite controversial — especially as the esoteric world of philosophy had been steadily ‘progressing‘ towards pure materialism and scientism; and yet, on the other, self-evident to almost a simplistic, tautological fault.  Perhaps that is the very implication of profundity: it is that which appears so basic and elementary as to presuppose idiocy, but containing such inherent complexity as to remain beyond the reach of most.

In simple terms, the division of the world followed the classic lines of human history and linear development of evolutionary concordance: ‘World 1’ referred to the physical universe surrounding us; ‘World 2’, the purely psychological make-up of human beings, with a special concern to Popper concerning the internal pain and anguish which we feel; and of ‘World 3’ — that universe which is the subject of this short blog, the aggregate of human products and man’s creative injection into the world, comprised of art, literature, cars, buildings, customs and normative behavior, including dress, style, fashion, etc.

There is, of course, inevitable interaction and intersecting between the bifurcated ‘worlds’ — for example, a book of literature (say, Salinger’s The Catcher in the Rye) would be both an object existing in ‘World 1’ as well as a product of human creativity from ‘World 3’. But note the peculiarity of the overlap, which makes for a unique phenomenological observation: Say you had 2 copies of the book, but one which was published in January, 2015, and another with the stated date of July, 1951.  Consider further the added element that in the latter edition, a scribble appears, which happens to be the autograph of the author.

From the perspective of Popper’s ‘World 1’, both objects would appear to be essentially identical — with the former intact, and the latter somewhat damaged because of the graffiti defiling a clean page.  However, from the vantage point of the person who possesses and ‘owns’ (a concept which would clearly belong to Popper’s ‘World 3’, as well) the autographed object, a sudden recognition of value, wealth and uniqueness would immediately attach — leaving aside intersecting points with ‘World 2’ involving envy, jealousy, awe and disbelief (which would be shared by the undersigned writer).  Thus do the various and variegated ‘worlds’ of Karl Popper posit for our study, agreement/disagreement, and further reflection.

Such division and segmentation of worlds and universes are often proposed merely for esoteric and pedantic purposes; of ivory tower conceptual constructs which have little to do with the day-to-day lives of ordinary human beings who struggle to make a living, maneuver through the complexity of the world, and attempt to survive the manipulative machinations of a society governed by microcosms of powerful but unnamed sources of evil and collusion.  But there is a recognizable worth and value to some of us, for pointing out the existence and demarcation of artifice as opposed to the natural environment from whence we came.

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, such a bifurcation of the universe into clean segments of definable compartments, is to recognize that the complexity of the administrative and bureaucratic process encapsulating the entirety and aggregation of the process cumulatively entitled, “Federal Disability Retirement under FERS, CSRS or CSRS Offset”, is ultimately a product of Popper’s ‘World 3’, and not merely a nightmare emanating from the deep recesses of our troubled psychosis self-contained in ‘World 2’, but of an intersection between the universe of madness created by our own desire to further separate ourselves from the simplicity of ‘World 1’, from whence we came.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Necessary steps to take in an unserious age

Adding the prefix implies that, beyond altering the root word, its conceptual opposite existed in a time prior to modernity and the present discourse of silliness.  The addition denotes a moment of opposition, where lack of substance occurred and the negation of irrelevance prevailed; and now we are left with a word which connotes a denial of that for which we yearn.

Every age has its follies; some epochs of upheavals are mere potholes in the history of revolutions and uneventful hiccups barely mentioned in those thick books which purportedly analyze decades, centuries and civilizations risen and fallen; and we must always look askance at grand designs and declarations which claim to have captured the essence of any given era.  But there is little doubt, and any shadows casting beyond the twilight of our own laughter and self-deprecating humor will only confirm the boundless limitations of such a statement of self-denial:  this is an unserious age.  There.  It has been stated.

Unequivocally, and with aplomb of non-judgmental claim to authority; how one would attempt to deny the truth of the matter, when the majority of the population spends eternal and endless time staring vacuously at a flat screen of fluorescent lighting, viewing, reviewing and re-reviewing videos of virtual reality unconnected to the objective world surrounding; where the reality of daily living has been subsumed by the politics of cult following and personalities designed more for advertising than for leadership; and so it goes.

There are, however, realities in such silliness that must still be faced, whether voluntarily or through force of encounter unavoidably demanded by the collision of life itself.  Medical conditions tend to do that to us — they demand our attention, and refuse to compromise our efforts at avoidance.

For Federal employees and U.S. Postal workers who find that a medical condition impacts his or her ability and capacity to perform all of the essential elements of the Federal position or U.S. Postal job, the next steps necessary in order to prepare an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, must be taken with a deliberative purpose in order to attain that level of plateau in life, where attending to the medical condition itself becomes prioritized.

In an unserious age, it is easy to get distracted and sidetracked, when the world around doesn’t take as weighty the cries for help or the means to achieve.  In a world of relative worth, where everyone has been arguing for decades that everything is “equal” and that “fairness” is defined by everyone looking, being and acting the same as everyone else, it is difficult to shake out of the deep stupor that society has wrought; but when the reality of circumstances hits us, as a medical condition surely does and will, it is time to shed one’s self from the prefix of “un”, and seriously consider the proper and effective preparation of a Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, forthwith and with efficient pinpointing of accuracy.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government Employment: The power of dialectical shrewdness

The Middle English noun form of the term connotes a conniving and negative tone, as in the focus of Shakespeare’s play, “The Taming of the Shrew”; but the adjective form merely denotes a practical astuteness in utilizing scarce resources in creative and constructive ways, whereas the altered noun form of “shrewdness” simply extends upon that kinder, gentler meaning.  When truncated as a compound concept with the term encompassing language and communication, however, it is meant to imply a practical force of conveying which sheds itself of unnecessary embellishment and unrequited force of utterance.

We live by narratives.  They form the foundation of who we are, the essence of that image which we carry about, and we readily push the proverbial “button” of the subconscious when queried about our past.  It is not so much that Grandpa or Uncle Ben are getting senile when they repeat the same stories, tell the parallel jokes, or convey the identical remarks from the previous merriment of holiday cheer; no, the narratives kept deep within the treasure troves of the inner soul and psyche are mere traces of a recording played with repetitive muse.

Can they be altered or amended?  Of course.  Can corrections occur? Always.

That is why, when a third party is invited to dinner, who by happenstance was present to confirm or deny a shared and common experience, or to correct a detail not heretofore known (it turns out that Grandpa wasn’t quite at the “first” landing of D-Day, but arrived a few days later as part of a “clean-up crew” in a more “administrative” capacity), the sudden need to rearrange and reorder the ensconced narrative forever frozen in a timeless eternity of thought, historicity and remembrances, becomes more of an irritation than a grudging concession.

That is why it is vitally of importance when a Federal employee or U.S. Postal worker who is preparing an OPM Disability Retirement application, to recognize a need to depart from the automaton-workings of life’s daily routine.  Language is more than a conveyance of directions and recipes to prepare a meal; it is the manner of osmosis for higher animals and angels unseen in a universe of trolls and trollops.

For the Federal employee and U.S. Postal worker who must file 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, recognizing the power of linguistic shrewdness, wrapped in the methodology of forceful dialectical argumentation — of that combination of words, facts, forming narratives of undulating emotional sensations which reach down into the depths of souls unmoved, and yet pragmatic to the core because of the sufficiency of correlating and confirming documentation gathered and research unearthed — these are what make for the fine gold dust which must sprinkle from the wings of angels when the flight of the Phoenix must arise from the ashes of a Federal or Postal career ended by no fault of your own, but through a medical condition unplanned for and unnerving to the unknown exponent of a future to be followed.

Sincerely,

Robert R. McGill, Esquire