Legal Representation for OPM Disability Retirement Claims: ‘To’ and ‘For’

What would be the difference if, in the title of Willa Cather’s novel, “Death Comes for the Archbishop”, she had instead chosen to use the word “to” in replacement of “for”?  Would empires have fallen, world wars have been averted or earthquakes and other natural disasters have been delayed?

Likely, not; but would the countless minds that have encountered the novel, enjoyed its beautiful prose and admired its humanity and warmth in the telling of a tale of a time long past and a period now gone — would anyone have even noticed?  Is there a difference with a distinction: “Death Comes for the Archbishop” as opposed to “Death Comes to the Archbishop”?

Some might dismissively declare, “In any event, the Archbishop died, didn’t he?”  The subtlety of distinction — should it even be brought up?  Would that the title was of the latter instead of the former — would anyone have even noticed?  Is there a grammatical point of difference; is one “more” correct than the other?

Certainly, the “sense” that is employed exists — where, the “to” has a much more objective and distant, impersonal “feel” to it, whereas the “for” personalizes it, gives it warmth, almost as if “death” is a person as opposed to an event, and the “for” makes it a personal possessive as opposed to the “to” that connotes an arms-length relationship between the object and subject.

Are the prepositions interchangeable?  If a person is stricken with grief over a tragedy and a close friend arrives to provide comfort and says, “I came for you”, it would be a statement that would be considered heart-warming.  If, under the same circumstances, the person instead declared, “I came to you” — would we, again, mark the difference or even notice?  It is, certainly, a statement of objective fact — the person objectively traveled and arrived at destination Point B from origination Point A.

Again, the subtle distinction — the “for” connotes a greater personal warmth as opposed to a simple statement of fact.  It is, in the end, the subtle differences that sometimes makes the entirety of a distinction that makes the difference.

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 distinction between “to” and “for” is often the difference between living a life worthwhile and one that remains cold and impervious.

Human beings are often careless in their personal relationships; and the test of such caring or uncaring attitudes will often surface when a person is going through a trial or tragedy, and preparing, formulating and filing for Federal Disability Retirement benefits through the complex and impersonal administrative process of the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, will often test the workplace relationships because of the self-interested motives that exist with agencies and the Postal Service.

Some coworkers, supervisors and others will distance themselves immediately, and they will remain in the category of the “to” people; while other coworkers, managers, supervisors, etc., will surprisingly be there “for” you.  Willa Cather chose the preposition “for” over the “to” because she was an excellent author, and it is the excellence of a human being that is revealed in the subtle differences we often overlook.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Benefits: Remorseless solitude

How often is there a cry to be “left alone”?  By how many people, in what quantifiable slice of life and order of living despite obligations and responsibilities that may be abandoned, do we embrace those periods of remorseless solitude?

We are commanded to be “social animals”, by way of anthropologists who devise intricate paradigms of cultural historicity and ancestral heritage from mere fossils of partial bone fragments; via condemnation by psychologists who warn of the danger of those who are “loners” and become lost in the deviation of secluded thoughts and fantasies of vengeful imaginations; and by Mom and Dad who worry that the teenager who locks the door and surfs the enticements of the Internet undermines the very fabric of societal cohesion, and allows for deviancy to determine the dice of droll durations.

And so the guilt resides with a negation; for, when we do not interact, socialize and remain in the company of others, we are considered as rogues, antisocial occultists who harbor resentments like hermits who climb into caverns of caustic catacombs to care only of remorseless solitude.

Yet, in this din of modernity, where the endless cacophony of drumbeats, raised voices and electronic media bombardment ceaselessly invading, interrupting and interceding, where has the delicacy of inviolable solitude gone to?  At what point does self-reflection, thought, the play writer’s  “aside” and the soliloquy that contemplates the role of one’s self in the expansive universe become a self-possessing journey of mere selfish egoism?

Instead, we allow that being constantly “connected” with one another – through social media, Texting, Facebook, Instagram, Skyping and all of the other multitudinous methodologies of electronic communication and “connectivity” have become normalized, such that that which used to be a productive use of the proverbial “down time”  – enjoying the remorseless solitude by writing, or reading, or just reflecting —  is now considered strange and dangerous, while its opposite – of becoming obsessed with the persistent din of socialized life – is considered the normative ordinariness of daily living.

Remorseless solitude is the delicious walk in the woods alone; of meditating upon the quietude of a morning’s red dawn; and of communing with nature, whether in one’s backyard or in the outbacks of nature’s delight.

For Federal employees and U.S. Postal workers who are forced and compelled into a status of remorseless solitude – not by choice, but by reason of a medical condition which targets the Federal or Postal employee into being “that person” who is considered the outcast, almost as if diagnosed with leprosy or some other horrible communicable disease – the isolation and separation by being identified with a person with a disability will have its negative effects.

Preparing, formulating and filing a Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, will not make things at the Federal agency or the Postal facility any better, until an approval is received from the U.S. Office of Personnel Management.  Then, once the Federal or Postal employee becomes a Federal Disability Retiree, perhaps you can enjoy that period of remorseless solitude that previously had been involuntarily imposed upon you by casting you as that deviant occultist no longer part of the mythical “team”.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Medical Retirement: Bastion and Refuge

The former is a fortress of protective repose; the latter, a shelter from pursuit or danger; in either case, both provide for an escape from harm.  And there are harms beyond physical danger, which count as “real” threats.  One need not be a refugee standing in line at the borders of Hungary or Croatia, hoping to be given asylum enroute to Germany, France or the U.K. in order to be considered a person of persecutory targeting.

Whether physical harm or by psychological demeaning, the need for safe harbor should never be determined by comparative analogies of differing circumstances, but via the perception of our needs and levels of tolerance.

In logic, there is the fallacy of mereology, where the relationship of part-to-whole can lead to conclusions wrong in substantive form, and dangerous in terms of truth and validity.  One’s own circumstances may be “merely X” in comparison to the greater encompassment of tragedies taken as a whole; but that does not necessarily invalidate the reality of the desultory situation one must face, and the loss of compass, meaning and circumference of relational considerations in determining the future course of one’s life.

Medical conditions have a tendency to skew one’s perspective.  To continue on without change or repose, because the rest of the world in comparison to one’s own microcosmic universe is merely that much worse off, is to deny the reality of one’s own hurt.  For Federal employees and Post Office workers who feel that giving up one’s career and applying for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is a step towards escaping to a bastion and refuge but one which fails to adequately compare to others in more dire circumstances, the need for a “reality check” is often required.

One needs to always start from the vantage point of the present.  What others do, where others are, and how comparatively one’s own situation is “merely X” in contrast to stranger-Y, are irrelevancies perpetrated upon one’s imagination through an overabundance of informational overload.  Once, there was a time when a local newspaper was the only contact with the greater world.  Now, with Smartphones and constant Internet access, we tap into the greater bastions and refuges of those in far-off lands.

But for the Federal employee and the U.S. Postal worker who must confront the reality of the situation of contending with a medical condition, such that the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of the Federal or Postal positional duties, the “here and now” is what must be faced, and whether one’s medical condition and the situation facing the Federal or Postal worker of today “merely” pales in comparison to others in unknown wastelands, is to concern one beyond the focus and centrality of concerns and problems encountered now, in real time, in the reality of one’s universe, today and this minute.

Other parallel universes will have to deal with their own internal problems; it is the bastion sought and the refuge take by the Federal or Postal employee of today, which matters in the most personal of manners, and what should concern the hurting Federal and Postal employee in the here and now.

Sincerely,

Robert R. McGill, Esquire

 

The Genotype-phenotype Distinction and Disability Retirement Benefits for Federal and Postal Employees

The distinction is important in the study of genetics, where the genotype represents the entirety of one’s hereditary information contained in one’s DNA, whereas the phenotype represents the manifestation of that genetic heredity received and retained by any given individual. In simple terms, it is the inner/outer distinction, or in Aristotelian terms, the substance/accident representation, or further, in Platonic characterization, the form/appearance description of the world. It provides for a fascinating study of the theory of evolution, the plasticity and adaptability of a species, and the capacity of survivability within the greater context of environmental pressures and influences.

For the Federal employee and the Postal worker who suffers from a medical condition, such that the medical condition begins to impact one’s ability/inability to perform one or more of the essential elements of one’s positional duties, the concept of the genotype-phenotype distinction is peripherally interesting to understand, in the following way: The internal struggles eviscerating one’s capacity to perform the Federal or Postal job, will sometimes remain unobtrusive and lacking of evidence by all appearances.

The “phenotype” of a Federal Disability Retirement case may be represented by good performance reviews, lack of awareness by one’s supervisor, and an agency which fails to recognize the struggling Federal or Postal employee. The “genotype” is often the “inner” struggle, characterized by profound fatigue (how does one quantify cumulative exhaustion?), chronic pain (if only pain were color-coded, where white is on the lower spectrum and red is at the extreme end), the where the Federal or Postal employee pushes one’s self to the limit of absurdity until one is ready to collapse in an effort to perform the essential functions of one’s job.

The problem of appearance-versus-substance, or that which is seen as opposed to the hidden reality of a thing, is not a new or unique one. In the context of filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, however, whether the Federal employee is under FERS or CSRS, and whether the Postal worker is under FERS or CSRS, it is important to make clear and bring to the surface that which is unrevealed, and that will normally come about through generating an excellent medical report from one’s treating doctor.

Ultimately, a Federal Disability Retirement application is based upon the medical opinion of one’s treating doctor, and the “genotype” of an effective Federal Retirement application must comply with the requirements of the law, the criteria for eligibility, and the expression of that genotype into a coherent representation in the form of a “phenotype” in the preparation, formulation and submission of a Federal Disability application, though OPM, whether one is under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire