OPM Disability Retirement: Horror Tales

Whether of Edgar Allan Poe’s many tales, like The Tell-Tale Heart or The Black Cat, or perhaps a taste that extends to more modern versions, of the Stephen King genre, people like to scare themselves silly, and then to be able to declare, “It was just a story”.  Whether reality reflects fiction, or that fiction can never truly recreate and mirror the sins of our own existence is a debate that will perpetually persist.

The horrors of genocidal mankind — from the Roman era of stadiums filled to capacity to witness cruelty as entertainment, to the Holocaust and Pol Pot’s mass killing fields; to the machete-wielding genocidal killings in Rwanda between the Hutus and the Tutsis; there never seems to be a lack of horror stories, whether by creative imaginations or in the reality of a universe gone berserk.

We read about them; experience nightmares of a reality so steeped in absurdity that they awaken us with a cold sweat; and some few of us have lived them, whether in wars, by being innocent bystanders, or somehow corollary victims otherwise referred to as “collateral” damage.  Each one of us walk about with horror stories; some of insignificant vintage narratives; others, of consequential victimhood to such an extent that we disbelieve our ears or refuse to listen to the whole story.

Then, there are the daily horror stories; maybe they don’t count as such and few would even bother to listen — like Federal and Postal employees who suffer from a medical condition and where the medical condition is about to end the once-promising career that has suddenly hit the “pause” button and ceases its once-ever-trajectory towards an upward trend.  Medical conditions at any age are “horror” stories that are often kept secret, stuffed in envelopes of silent lips unopened, and festering in the suffering inner minds of zombie-like peoples walking amidst the turmoil of a world gone berserk.

For Federal employees and U.S. Postal workers who suffer from a medical condition and need to prepare, formulate and file an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the horror stories one carries about may not quite meet the plot or characters of an Edgar Allan Poe tale, or a Stephen King twist; but for the individual who must live and suffer through the process of ending one’s career and fight for Federal Disability Retirement benefits, the tale of horror is nevertheless real, and consulting with an attorney who specializes in Federal Disability Retirement Law may well blunt the ending of a tale which is fated to otherwise end in a fit of screams and mayhem.

Sincerely,

Robert R. McGill, Esquire

 

OPM Retirement for Mental or Physical Incapacity: Of persuasive effect

What does it mean to possess “of persuasive effect”?  If a person argues in a debate for endless hours, and at the end of it all, various people from the watchful audience turn aside to one another and declare, “Well, he sure was persuasive, but I’m still going to vote for the other guy” — what can such a statement mean?  If an acknowledgment of persuasion nevertheless results in an opposite conclusion, can one still maintain that there existed any degree of the very element which was supposed to modulate otherwise?

And legal precedents which must be applied — say, in a Federal Disability Retirement case, where the U.S. Office of Personnel Management is “required by law” to consider certain elements, such as under the Bruner case or the Simpkins case and subsequent case-law holdings which “mandate” that OPM consider the proffered evidence as cited by a Legal Memorandum — do they necessitate a certain outcome, or is it merely “persuasive but not determinative”, and what does that mean?  Is it that the level of persuasion was just “not enough”, and while it might have come somewhat close, it just didn’t have that final “clincher” to put it over the goal line?

And if we know beforehand that “persuasive effect” won’t necessarily result in a “determinative impact”, do we just not try at all, or is the mere possibility of “tipping the balance in one’s favor” enough to try and attempt to persuade?

For Federal employees and U.S. Postal workers who suffer from a medical condition, and where preparing an effective Federal Disability Retirement application becomes necessary, the impact of a Legal Memorandum — prepared and submitted along with the Federal Disability Retirement “packet” — is like traveling with Google Maps guiding one into unfamiliar territory.  Without it, the reviewing “specialist” at OPM will simply be presented with a stack of information with no indexing or cover sheet.

With it, the importance of persuasive effect is there to guide the OPM reviewer into seeing what is relevant and what is not; of the legal cases that are impactful and persuasive; and of the mandated requirements in applying the proper legal criteria, and not merely of empty arguments that seemingly possess of persuasive effect, but lead to conclusions otherwise left without direction.

Sincerely,

Robert R. McGill, Esquire

 

Early OPM Retirement for Medical Incapacity: The many tomorrows yet to come

Does hope lie fallow when the basket of tomorrows become numbered too few?  When endless tomorrows lay before one’s imagination, too numerous to count that one need not bother, does that purport to show that one has a great quantity of hope, or merely that youth’s folly allows for a carefree tomorrow where an eternity of tomorrows can never be reduced to a handful beyond a few todays?  Can time and incremental portions of divided moments be quantified in that manner?

That has always been an anomaly for the undersigned writer — the quantification of time, as in the manner that religious beliefs are scoffed at when it comes to the story of genesis.  For, those who hold to the strict construction and literal meaning of the timeline of how old the earth is, count the obscure generational extensions of people who lived in former times, and somehow declare that the world is X-amount of years old.  How one can calculate with precision that which is not explicitly stated is a conundrum in and of itself, leaving aside the issue of whether time can be quantified if the order of the planetary system and our specific galactic orbit had not yet been established.

Evolutionists, of course, contend that the world was clearly created billions of years ago.  To both, the question is:  Tell me the logical difference between the following 2 statements — 1. The world was created a long time ago, and 2. The world was created billions of years ago.  Do humans have the capacity to imagine time beyond the present moment, or perhaps yesterday or a couple of days ago?  What does it mean to say to a person, “A type of human being walked the earth 10 million years ago”?  One can barely remember where one has placed the screwdriver used last week, and yet people want to put some significance upon a belief-system that purports to quantify time.

Ultimately, the question of whether one believes that the earth is a mere 10,000 years old, or billions of years in the making, is not a factual or scientific one; it is, a political condemnation that categorizes a person’s religious belief into a bifurcated system of: Is he/she “scientific” or “religious”?  In the end, time cannot be so easily quantified; rather, it is a basis of hope and an anticipation of a future yet to be resolved.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal and Postal worker from performing one or more of the essential elements of the Federal or Postal position, time often becomes paralyzed, much like our imagined world of dinosaurs and prehistoric images of those Pleistocene eras and beyond; and as time is unable to be made meaningful except in the here and now — by imagining the many tomorrows yet to come — preparing an effective Federal Disability Retirement application that lets you project a life beyond the present-day circumstances of pain, medical conditions and deteriorating health, is the singular differentiating way that humans can separate themselves from other species: with hope.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Medical Retirement: The Negative Interest Rate

In periods of economic stagnation, where mass hoarding by depositors results in a slow-down of commercial activity, rising unemployment and deflationary returns on value-for purchase in all sectors, the idea that depositors must not only deposit, but further, pay regularly to keep their money with the bank, would at first glimpse appear counterintuitive.

Perhaps that was initially the brain-child of some half-crazed Economist — that one with the frizzy hair appearing on Sunday Shows who had won the Nobel Prize for Economics many decades ago because no one quite understood what he was talking about, and believed that such insanity was either too brilliant to bypass or, more likely, to fail to appear as if one understood it would be to reveal one’s own ignorance and mediocrity (remember Schopenhauer’s adage:  “Talent hits a target no one else can hit, while genius hits a target no one else can see”).  And so it goes.

The problem with unworkable theoretical constructs, however, is that the rest of us have to live with the consequences.  In reality, the concept of “negative interest rate” is one which most people have to live with, anyway.  For Federal employees and U.S. Postal workers, this is a daily occurrence — especially for those who have a medical condition, such that the medical condition impacts the Federal or Postal employee’s ability and capacity to perform all of the essential elements of one’s Federal or Postal positional duties.

For, like the concept of the negative rate of return, the Federal and Postal worker must not only go to work, but continue to pay for it with their deteriorating health.  Additionally, the increasing harassment, adverse actions and diminishing joy in working with hostile coworkers, managers and supervisors, must be borne with a smile and silent acquiescence, as if the feudal backdrops of self-flagellation must be enjoyed within the caverns of psychosis in suffering.

The negative interest rate for Federal and Postal employees is thus nothing new; it is a theoretical model for all Federal and Postal employees who suffer under the suffocating malaise of a deteriorating medical condition.  The real question is:  At what rate of negative returns does the Federal or Postal employee withdraw the deposit?  For, in pursuing this analogy, it is precisely that critical point where money-kept and money-lost reach a pinnacle of insufferable choices, when the Federal or Postal employee with a medical condition 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.

For, when the interest charged begins to eat away at the very principal which is invested, and the rate of return negates the benefit of remaining, then it is indeed time to withdraw the deposit, and begin to prepare, formulate and file for Federal Disability Retirement benefits through OPM, lest the negative interest rate which once, long ago, began as a theoretical construct in the basement of a mad economist, but which now pervades the ivory towers of polite academia with echoes of reverberating laughter once resounding from the insane asylum next door, begins to infect the four corners of a civilization which has lost its way.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Simplifying the Complexity of a Case

Have you ever had a technical person explain things in the mysterious jargon of his or her specialized field?  Or, the one who breaks it down into coherent components and translates it into a language game which is comprehensible?

Those in the former category are usually quite impressed with themselves, and are happy to hear the sound of their own voices as the supposed explanatory interlude maintains a semblance of technical competence superior to the audience of targeted turmoil.

The latter populace does what few have come to recognize:  competence is not determined by mere superiority of technical knowledge, but the ability and capacity to apply the knowledge, reduce it to its simplified contents, then provide an explanatory foundation through reduction of complexities into manageable form.  Otherwise, the esoteric nature of any discipline will be governed by every schmoe who can master the language game, without actually acquiring the technical expertise in the application of select knowledge.  For, in the end, the test of sincerity of words is not a compounding of further words, but of actions following up with a revealed understanding of both what was said, as well as done, in any given context.

Similarly, the fact that the salesman can talk the lingo of technology does not mean that he or she can fix a broken computer; it just means that the salesmanship is a learned volume of nice-sounding paragraphs.  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 job, the entrance into the universe of Federal Disability Retirement may be an option which must be entertained.  It is a surreal world of new terms, technical contents and definitional strangeness which constitutes a complexity beyond mere words, simply because the consequence of decisions made today will impact choices governed by tomorrow.

Can the complexity of the Federal Disability Retirement process be simplified such that comprehension of the bureaucratic procedures can be understood for its administrative context in the importance of both process and substance of content?  Because Federal Disability Retirement involves statutes, regulations and court case-laws of precedence from previous cases challenging various aspects of the process and substantive issues, the complexity of the entire venue is based upon the cumulative aggregate of decades in the making.  But of that larger universe of process and procedures, what splinter and slice is actually relevant to one’s particular case?  Probably a very small portion.  That is the focus which should be taken.

When one enters an arena of mystery, it is difficult to determine the relevance within the context; and relevance requires selective content and re-creating of one’s own context.  For Federal and Postal employees who need to 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, the importance of simplifying the complexity of one’s own case should be governed by information, knowledge, and selective application of relevance and required completion of necessary content.

Try this for a change, as a test of the principle of knowledge and application:  enter one of those chain-gadget stores and hand the know-it-all salesman a gadget needing repair, and see the language game of competence turn to a stuttering paragraph of excuses and explanations about how the complexity of the component is simplified by the simple justification:  Not my Department.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Attorney: The Cauldron of One’s Past

The oversized iron pot hangs over the open fire, and the gurgling of ingredients steams and burps the lid in predictable sequences of rhythmic timing; the aroma is an admixture of sweet and mysterious combinations of one knows-not-what; perhaps of bones, marrow and herbs, here a whiff of something which touches upon the dark recesses of one’s memory, and there a hint of harboring horrors, reminding us of past deeds and loathsome reminiscences.

The figure who stands hunched over the source of pervading uprisings, is covered in a dark shawl; a bony hand gripping the large wooden ladle, mixing, turning, crouching over to sniff and taste; and from the chasm of the figure’s hollow mouth, toothless and echoing a chamber of snorting chafes, the sigh of satisfaction emits, as the cauldron of one’s past is ready to be served.  And so the story goes.

Who among us would want the fullness of one’s past and history of deeds to be revealed?  What pot would hold the full taste of one’s misdeeds, private concerns and actions engaged?

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits, the process itself sometimes feels like one is forced to partake of a witch’s brew — who will be in the mix?  What private information will have to be revealed?  When will the pot of information be ready?  Who will mix the ingredients?  The mysteries contained within the mixture of the witch’s brew is indeed terrifying.  Every process which is unknown and, moreover, unknowable, is one fraught with concerns and trepidation of purpose.

For Federal and Postal employees under FERS, CSRS or CSRS Offset, the decision to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is like the witch’s cauldron — it must bring to the fore one’s current circumstances (the medical condition), the impact upon the future (finances, future job prospects, etc.), and potentially the confrontation with one’s past (agencies love to do that).

The key is to understand the complexities of the administrative process, and to maneuver through the bureaucracy of the witch’s brew.  In doing that, one must always be cognizant of the cauldron of one’s past, and keep out of the reach and grasp of those bony fingers which reach out to encircle one’s throat, lest you become an ingredient in the admixture of the skeletons found at the bottom of the pot.

Sincerely,

Robert R. McGill, Esquire