Attorney Representation OPM Disability: Analogies and life

Life is lived by analogies.  It is how we understand, comprehend and make sense of a world in turmoil.  By identifying a resemblance between two or more particulars while perhaps remaining somewhat different in other aspects, we are able to relate things, understand them, comprehend the isolation of differentiation between X and Y and yet embrace those differences despite the lack of commonality in all other respects.

Without the tool and transporting impact of an analogy, most of the objective world would remain isolated, irrelevant and separated from the subjective coherence that we bring to the world.  Explanations and argumentation would often lack any comprehensible understanding; scientists would simply speak in technical languages that non-scientists (i.e., laymen like most of us) would fail to appreciate; and life would continually remain a series of isolated islands of conceptual conundrums that would be separated from civilization as a whole.

That is essentially why the administrative laws governing Federal Disability Retirement must by necessity be spoken of in analogic terms – precisely because, in order to make sense in the greater context of life, everything in particular can only be “explained” and “made sense of” through analogies that we can relate to.  Without relational contexts and reference points, life’s various complexities would remain in isolation from one another.

Thus, analogies, life and Federal Disability Retirement benefits all share a common perspective – that of human beings who suffer from a medical condition, such that the medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of the Federal or Postal positional duties, and that a particular “condition” or life shares with all other conditions of life the reference points that we can all understand: Law, Complexity, Human suffering, Pain, The fear of change, The need for change; Confusion; Trauma; Medical conditions, etc.

Analogies allow for understanding; life, left in isolation, is confusing as it is, and even after a lifetime of trying to understand and simplify, still remains a mystery.

And for the Federal or Postal employee who is at a point in one’s career where a medical condition impacts the ability to continue in that career, the reference point that needs to be kept in mind is that there are lawyers who specialize in getting Federal Disability Retirement benefits through the U.S. Office of Personnel Management, and we are here to help.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer for OPM Disability Claims: The interrupted signature

The signature is the great identifier of a person.  It is, in some countries and cultures more than others, and even here in the United States, a feature that distinguishes, a type of rite of passage into adulthood, and in many ways a revealing characteristic.

It allows for the voluntary identification of a feature emanating from one’s own free will; an act which seals a compact; a stamp that distinguishes the person who completes the signature, from that of another; and declares to the world that this act, the signature stamp, with all of its unique swirls, crosses, dots and turnabouts, like some spinning basketball move that tells everyone else that you have arrived, is different, distinctive and peculiar to only the very individual who has picked up the pen at that moment in time and inked the singular characteristic upon a piece of paper.

Consistency in the written signature is important in establishing the uniqueness and distinctive feature; that, in and of itself, is a kind of oxymoron, is it not, when one pauses to reflect upon it?  For, to be “unique” and “singular” is to be a “one-time” event and a distinguishing peculiarity that cannot be reenacted or copied beyond the soliloquy of the act itself; and yet, for a signature to be effective, one must be able to repeat the same curves, the mimic again and again of the lines, crosses, dots, etc. of the signature hundreds of times over and thousands over a lifetime of signing one’s signature.

And then, once one has mastered the ability to sign one’s name in a unique, singular form, and be able to repeat it over and over again – have you ever notice how difficult it is to complete the interrupted signature?  It is as if the body itself is separated from the mind, and it is the hand and fingers that hold the pen that “remembers”, and not the eyes that guide or the brain that follows.  When once the flow of the signature has been interrupted, the uniqueness remember is suddenly forgotten.

It is likened to a Federal employee or U.S. Postal worker who suffers from a medical condition, such that the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job.  The medical condition intervenes and begins to interrupt, “preventing” one from performing one or more of the essential elements of the Federal or Postal position that the person has been so uniquely qualified to do for so many years.

That is the insidiousness of a medical condition.  Such an interruption, however, is much more serious – for it doesn’t merely interrupt or impede the completion of a signature, but of a career, of goals, of family financial support, and every other aspect of a person’s life.

Preparing, formulating and filing a Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is an important next step in taking up the proverbial pen and completing one’s signature.  And like the signature itself, the Federal or Postal employee need not fret about the uniqueness lost; you are still the same person, singular in every respect, whether your health has forced you to move on in life, no less than the signature that distinguishes you from all others.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Law: The face in the mirror

Some avoid it; others run to it like an obsession that cannot be abandoned; and for most, it is merely a daily habit that must be tolerated.

The face in the mirror that we view in order to “present” ourselves to the world is the one we are born with, attempt to alter in multiple ways throughout different stages of life – perhaps by artificial means ranging in spectral thunders of surgical alterations, color-dying, parting the hair on the left side instead of the right; trying to cover that growing bald plate that shines like a heavenly orb not needing the assistance of the Hubbell Telescope from afar in galaxies far and wide; of make-up, lipstick colors and hair-style alterations; and yet, somehow, it is those eyes that stare back that seem to pierce within.

And what of that image we hold; was it the imprint from our youth that forever became frozen in the timeless synergies of our inner consciousness?  Does the reflection in the mirror last, for some, for only a second, such that we have to run back to it – whether by the closely-held compact in the purse, the reflection in the store window, or even that oblong shape of a car’s side contraptions – and reassure ourselves that it has not changed much since the last encounter?

Or is it the image we continue to hold onto as that innocent child of long ago who forever swore that neither time, old age nor ravages of bygone years would ever defeat the compliments received and which we hold so dearly?

It is, in the end, the eyes – what Plato described as the windows to one’s soul – that tell the tale of a person’s past.  Does it haunt?  Does it enliven?  Will it glitter and sparkle like the moon’s reflection upon a summer’s pond in its tranquility of calm?  Or does life bring such sorrow within the chasms in between, where the haggard look befalls and betrays the unhappiness residing within?

We need not look in the mirror to gather much that we already know, and yet we keep going back and speaking to that ghostly appearance reversed in proportionality as the negative photograph that smiles when we smile, cries when we cry, but feels not the inner pain that grows with each day.

For Federal employees and U.S. Postal workers who are at a point in their lives that filing for Federal Disability Retirement must be considered, it is a critical point to consider when you look at the face in the mirror – for, the reflection seen is often not the “real” person that stands in front of the mirror, and the “appearance” is never the essence of the inner soul concealed.  That is the sad truth when dealing with the Federal agency or the Postal facility; they all see “you” as “that person who has a medical condition and is no longer as productive as he/she used to be”.

That is why filing for Federal Disability Retirement benefits often becomes a necessity, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset – because the face in the mirror is just that – a reflection of unreality – that doesn’t ever reveal the truth of one’s potentiality in a universe that barely cares beyond the appearance of reality.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The Linguistic Labyrinth

Language is a labyrinth of paths.  You approach from one side and know your way around; you approach the same place from another side and no longer know your way about.”  #203, Philosophical Investigations, Ludwig Wittgenstein.  Life is never a static construct; those who consider it so, are sorely left behind when the winds of change suddenly fill the sails and the slumbering ship awakens with a groan to pull free of its moorings.

Left behind are the days when a person could count on the vocation of the parent, or of a career singular throughout.  Instead, the economy forces us to adapt and reconsider; new skills are needed, or old ones refined and readjusted.  And the feudal days when the kindness of the squire was tested where lameness or debilitating accidents incurred the wrath of life, are bygones of past initiatives thrown to the howling wolves of predatory eyes lurking behind to take advantage of every slight and weakness revealed.

Language is like that, too.  We think that schooling ends when the diploma is handed out, at whatever stage of advancement; but the reality is that the true test of self-initiative begins at that very moment, precisely because liberty allows the freedom to choose between vice or value, where the former is offered freely to the youth who has been released from the shackles of parental control.

For Federal employees and U.S. Postal Workers who find themselves in a position where a career move is necessitated by an unfortunate accident or onset of a medical condition, the truth of Wittgenstein, and of life lived in a world of complexities, comes to the fore.

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 a difficult approach when the mandates of life’s ferocity coalesce in a tripartite convergence:  a medical condition; impact upon one’s ability to perform the essential elements of one’s positional duties with the Federal Agency or the U.S. Postal Service; and the need to secure one’s future in order to attain a level of financial stability.

The unknown labyrinth of language becomes a maze of confusion when the Federal or Postal employee encounters the legal eligibility requirements mandated by the U.S. Office of Personnel Management in order to overcome the obstacles and hurdles in an effort to obtain a Federal Disability Retirement annuity.

Throughout life, the Federal or Postal Worker has approached the path of language from one opening; now, he or she must enter the gates of a bureaucracy which requires expertise and knowledge of a completely different sort, and without the assistance of an attorney, you enter the labyrinth of the unknown at your own peril.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Extending the Vibrancy of Life

Much of life is spent in avoidance and protective retreat; it is only in the ignorance of youthful exuberance that we recklessly run into the streets without looking for oncoming traffic.  Sports reflects the truth of that human essence; it is not an accident that we witness the repetitive folly of gaining an early lead, only to act in fear of losing and thereby fulfilling the prophesies of our own making.

The question, then, 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 positional duties — is it an option to remain?

If the answer to that question is an unequivocal “no”, then the two other choices harken: File for Federal Disability Retirement benefits, or wait until the agency fires you or forces you to resign.  If the latter, then the Federal or Postal employee still has up until 1 year to file for Federal Disability Retirement benefits from the date of separation, whether through termination or separation by voluntary (or “forced”) resignation.

Avoidance of the issue will not do; at some point, either the decision to move forward in life will be made by the central actor in the cast (you), or by the supporting residue surrounding the play (the Federal agency or the U.S. Postal Service).

In the end, the vibrancy of one’s life is not determined by blindness or disregard of one’s circumstances, but by recognizing the steps necessary to enliven daily value.  One’s career and the extension of worthwhile work is always important to one’s life, but when a medical condition begins to exacerbate and devalue the substantive content of one’s life, then it is time to move beyond and search for an extension of that vibrancy of life.

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 often a “first step” in achieving and resetting that youthful exuberance we once felt, but lost along the way, precisely because it allows for a base security of the foundational needs of living:  an annuity obtained, then time to recuperate from one’s medical conditions and determine a course for the future.

One need not be looking back with fear of losing the game, as the repetition of sports history will reveal; rather, the future still can hold the key to extending the vibrancy of life once grasped, but somehow lost in the morass of our busy lives.

Sincerely,

Robert R. McGill, Esquire