Federal Medical Retirement under FERS & CSRS: Static

It is the lack of movement or change which is the undesirable aspect of anything, and not necessarily the thing itself.  Perhaps there was never anything wrong with the substance or essence of the thing; the person remains, and yet, the lack of progress, the inability to move forward, the unresponsiveness to the contextual alterations and modifications — the world around changes, but the singular resistance is in and of itself that which negates.

Being “static” — of the lack of movement or change — is normally thought of as a negative perspective upon an entity.  It would be one thing if the nature of being static were to be an appraisal upon, say, an Aristotelian type of “god”, where the so-called Unmoved Mover is “static”, but all else constitutes a universal movement, but of a specific kind: movement towards the perfection of the Unmoved Mover.  But that is not what we are referring to when we speak about being “static”.  Instead, most of us ascribe a negative connotation, as in, “the inability to change or adapt when the context and circumstances necessitate it.”

That is often the problem with Federal and Postal employees who suffer from a medical condition, where the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of the Federal or Postal position.  For, the person him/herself has not really “changed” — aside from the medical condition itself, the essence of “who” the person is has remained static.  However, the circumstances have altered, in that one’s physical or cognitive capacity and ability have altered, normally in a way that no longer allows for a congruity or consistency with the type of positional duties required of one’s job.

Thus, in such a context, to “remain static” becomes a negative component of life, and requires and necessitates a modification of sorts — and preparing, formulating and filing an effective Federal Disability Retirement application, filed though the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS offset, is the first step towards breaking away from the negative mold of “being static”, and like the disruptive sounds that crackle like static electricity over a phone line or the sudden shock one feels when wearing a wool sweater, being static can only lead to worsening conditions if one delays in preparing an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Necessary changes

Is it a redundancy to state it in this manner?  Is change by definition necessary, or are some alterations merely voluntary, unnecessary, or modifications that are not required but are desired by sheer want of replacing boredom with ineptitude of lackluster metamorphosis?

Evolution surely resists it; for, the incrementalism and subtle refinement favors an unchanging universe, and we see that in the natural world, where an anomaly or mutation is disfavored, shunned by others and excluded instinctively.  The albino giraffe may be a fascinating phenomena to witness, but in the wilds where blending in with the landscape in order to go unnoticed by predators lurking about is the key to the survival of not just the “fittest” — but the one who is passed by unnoticed by more powerful forces ready to pounce and devour.

Change can take on many and variegated forms — from a spectrum dividing a wide chasm of consequences, whether intended or otherwise thoughtlessly expounded — from the minor adjustment to the tumultuous overhaul of upheaval and irreversible impact.  Some changes are merely insularly internal and go unnoticed, such as a “new perspective” or taking on a different way of seeing things.

Religious conversions can take that cloak of alteration.  We may know a friend, a neighbor or a family member who lives at the same address, speaks the same way, dresses in the identical manner, but one day blurts out, “I have become X!”  Perhaps there are some residual modifications made, and some we notice, others go with a ripple, like the many pitter-patter of rain drops that fall upon the midnight ocean and no one ever notices.

Other changes come from without — imposing its impact and causal effect without any choice or say in the matter — earthquakes; deaths; wars that no one asked for; events that unfold with untold consequences that no one thought through very well.

Medical conditions are akin to the latter — of a vicissitude that occurs without the asking, with impact upon lives both minor and consequential.  It is not only a change, but necessitates changes in the lifestyle, manner and approach of the one to whom it impacts.

For Federal employees and U.S. Postal workers who suffer 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, it will often become apparent that the unnecessary (or unwanted) change to one’s health begets a necessary change that must accommodate the former.

A Federal Disability Retirement application may be a necessary change, if only to follow upon the change that has imposed itself by the very medical condition itself.

Changes — necessary or otherwise — require an adaptation, both mentally and often physically, and preparing, formulating and filing an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often the penultimate necessary change that must be contemplated in a universe replete with necessary and sufficient causes beyond one’s control.

Sincerely,

Robert R. McGill, Esquire

 

Legal Representation on Federal Disability Claims: What we value

We give lip-service about the things we claim to value.  One’s intentions often satisfy the guilt we secretly harbor, whether suppressed consciences touch upon the better half of our souls, or not.  We “say” we wish to spend more time with family members, our kids, our spouses and other kindred spirits, but then when the opportunity opens up for us to do so, we wallow in the self-pity of the internal universe we create.

Have circumstances forced upon us those intentions we have often voiced but never fulfilled?  If a medical condition forces one to remain at home, why are we not happy that we can spend more time with those whom we have previously cast aside with the words spoken but never followed through upon?

If what we value is based solely upon the words spoken, we would indeed be seen as a compendium of value-filled coupons collected over many years of savings; but as time in a bottle is merely an empty space of air filling a bubble of eternity, so words thrown about carelessly to listening ears may be too young to realize and otherwise cling to voices that reassure but never fulfill, like the wolf in sheep’s clothing that devours all who are so gullible as to disregard the elongated nose that defies belief.

In the end, what we value is proven by the actions we initiate, fulfill, embrace and confirm; and for Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to prevent one from performing one or more of the essential elements of one’s Federal position, it is the deterioration of one’s health that becomes the very test of that which we value.

Is one’s health important?  Does one’s career override all else?  What is the meaning of “sacrifice”, and how far must one go in proving one’s loyalty and commitment?

Filing a 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, is not a judgment upon what we value; it is, instead, a reflection of how we value workers who have shown a commitment in the Federal sector and the Postal Service, by recognizing that once the eligibility criteria of 18 months of Federal Service has been completed, the family of Federal and Postal workers have a vested interest in protecting the rights of a worker who has suffered from a medical condition and deserves greater consideration than to cast them aside with nothing but the shirt on their backs, or the empty words often bandied about without meaning or value.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: Those rare, insightful moments

Must it always reach the level of an epiphany, or may it be as a passing point of fluctuating comprehension?

Every now and then, it is like the proverbial entrance into a clearing amidst the darkness of a looming forest; of a light that shines into a chasm heretofore undiscovered; and in that flash of understanding, it is important to grasp it, to tackle the concept, to concretize and declare, lest it slip silently away like the silken tail of a snake slithering into the tall grass.  Or of a dream in the midst of a fitful sleep that reveals what the subconscious desires to tell but just so in a gentle twist, lest the naked truth in the full light of day may be too blunt for the sensibilities of an unvarnished purity wanting but for the fiction of a nightmare too horrifying to encounter in real life.

Is the fool in Shakespeare any less witless than the King who divides his empire among vampires who drain the life of a vibrant ego?  Do the words of the court jester that cuts like a knife through the clouded judgment lost in the garments of wealth and power, transcend the loss of comprehension by those who would see the Emperor’s clothes despite the insight of a child who sees the nakedness of truth?  Do we attribute to animals the identical accolades despite their lack of coherent utterances, when they emit sounds of alarm, engage reflexes of caution and take flight ahead of perceivable approaches to dangers hidden beyond?

Most of life is repetitive boredom, sprinkled with the dust of angels golden and shining as they fly above us in the invisible universe of heavenly orbs, and we rarely notice them but for the slight touch of their comforting robes as the wings disturb the calm air or a mischievous poke on that parting of hairs or the baldness unseen but from a singular perspective from atop; and it is in those rare, insightful moments that life becomes worth living because we clearly, unequivocally and with unmitigated resolve understand, comprehend and care.

Then, the world and its artificial constructs rush right back in to fill the void of monotony, and we carry on with the projects of life that detract and distract, forgetting again the beauty of that which we saw for a brief slice of time.  Thus, the numerous stories of those who briefly crossed the demarcation into the netherworld of death and beyond, but were brought back to “life” by medical specialists who wanted to do “good”, when even that perspective is, at best, questionable.

For Federal employees and U.S. Postal workers who are contemplating 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, it is often the medical condition itself that compels one to have a moment of epiphany.  Perhaps that rare, insightful moment comes about when the pain becomes unbearable, or when the cognitive faculties become askew and mental clarity sees beyond into the netherworld of the future and its gloomy horizon.

Whatever the circumstances that monotony of chronic medical conditions forces, the realization that the Federal or Postal employee must by necessity prepare, formulate and file for Federal Disability Retirement benefits is one which cannot be avoided, any more than the angel who playfully shaves one side of our face in the twilight of dawn and leaves us wondering about those rare, insightful moments of life’s mysteries.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement: Throwing caution to the wind

Rash acts rarely reward with corresponding clarity; it is in the very thoughtlessness which denotes the chasm between man’s vaunted rationality and the capacity for folly.  In the end, the very idea of throwing caution to the wind shows the precursor of a necessary posit:  In which direction is the wind blowing?  For, if what is thrown is rebounded right back, like a boomerang designed to be handed back to its originator, then what use was the initial act?

Even acts which appear to be based upon folly, youthful exuberance or momentary madness, must by fiat declare itself as predisposed to prior deliberation; otherwise, rashness become ineptitude, and allowance remains arbitrariness.  It is, indeed, this notion of man’s necessity by self-definition to determine his or her course for the future by already-known steps and discerned future; yet, the future is precisely that — a time somewhere hence which defies definitive boundaries of clarity.

For Federal employees and U.S. Postal workers who must consider 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, the very issue of filing and becoming medically retired is often forestalled precisely because such an act of filing for Federal OPM Disability Retirement is often tantamount to throwing caution to the wind.  Yet, determination of actions must not always be governed by rational discourse of thought; instead, the human condition itself will often reveal the ineptitude of cautionary hesitation.

There is a wide chasm between thought and action, and evolutionary biology inserted the space of hesitation for a good reason:  data left uninterpreted is mere information of useless value.  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 job, the gap between thought and action is nothing more than fear unbounded.

Filing for Federal Disability Retirement benefits through OPM becomes a necessity, precisely because caution can no longer be the reason for hesitation; the winds have already shifted, and what will be blown back in rebounding ferocity is the agency’s punitive actions for refusing to leave, and not the spit which you tried to force into the face of the gods of fate.

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

 

Federal & Postal Medical Retirement: The language of law

Wittgenstein recognized that there exists various forms of languages within a community of a shared language — with words everyone understood, sentences all were familiar with, but the usage and meaning of which were unique to a particular group or set of individuals.  Such comity of meanings and esoteric application of language were designated as “language games”.  Information Technology groups have their own set of insulated meanings; advertising agents, insurance companies, and children who form an exclusive club may formulate within-community code words exclusive to the group alone, and alien to all around.

What, then, is the language of law?  Certainly, analogy and hypothetical models of similar situations and transactions are a part of it; and the methodology of argumentation is to show the familiarity of classes of subject-matter issues and identical-sounding situations which penetrate the judge’s capacity to accept and anticipate precedent-setting citations of prior acts.  Why the language game of the legal arena accepts as a primary basis of interaction similar-sounding prior fact-scenarios is often a mystery to “outsiders” (i.e., non-lawyers), and confounds with frustration the enormous expenditure of time and money in engaging such circuitous narratives of persuasive argumentation.

What about my case?  What difference does it make whether or not a decades-old case applies in an analogical manner to the facts at hand?  But that is precisely the point of the language of law; for, it is consistency of application and perpetuation of stability which makes for reverence for “the law”.  Arbitrariness and malleability creates suspicion of motives, and justice requires the fair constancy of applying “the law”.

This is important to understand in all arenas of the “language game of law”, and for Federal employees and U.S. Postal workers who may need to entertain the potentiality for filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal Worker is under FERS, CSRS or CSRS Offset, the entrance into “Administrative Law” (which is what filing for Federal Disability Retirement benefits through OPM falls under) is no different.

Precedent-setting cases develop over decades and epochs of lifetimes; and whether the OPM Disability Retirement applicant is aware of it or not, the compendium of rules, regulations and decision-setting conclusions are all guided by, constricted within, and influenced throughout, by prior cases handed down by judicial opinions rendered “on high” by administrative law judges and Federal Court of Appeals mandates.

Should case laws be cited in the submission of a Federal or Postal Disability Retirement application?  As the law is the hinge upon which society survives, so the question of persuasive argumentation may live or die based upon the vocalization of precedents.  But always remember that the language of law is a specific type of language game, and the exclusive club of legalese requires some training of usage, where applicability may sound like gobbledygook unless formulated with an ear towards coherence within the insular language game of law.

Sincerely,

Robert R. McGill, Esquire