Federal Disability Retirement Information: Action after words

Does the failure of an action to succeed a string of words make it automatically into a lie, or can it merely indicate a delay between thought and action, spoken words and action, or misinterpretation of words followed by non-action?  Are there phrases and afterthoughts that undermine and negate the initial statement of promised and anticipated actions, such that they “justify” the non-action?

For example, if a person says to another, “I will meet you at X restaurant at noon tomorrow,” but upon showing up at the place, the other person never appears; later, you bump into that same person and inquire about his non-appearance, and he states, “Oh, I became too busy and couldn’t come.”  Does that succeeding statement negate the previous statement; does it “explain” it; does it “supersede” it; or was it merely a statement that tells you that the person making it is rude, a bore, and someone to henceforth be suspicious of and mistrusting towards?

What if the same person had said some other things, like: “I thought better of it” or “I decided that I didn’t want to go out to lunch with you”.  As to the former, one might conclude that the person was somewhat odd; as to the latter, that he or she was unfriendly and did not deserve further consideration.  But what of the following statement: “I am so sorry. My mother was taken to the hospital suddenly and I completely forgot!  Please accept my sincere apologies!”  This last admission, of course, is the one that “justifies” the breaking of the prior commitment, and can be seen as the one where “forgiveness” and further consideration is accorded.

In every case, the action which follows after words determines the future course of how we view the person who spoke the words; yet, context and content do matter.

Take for example another scenario, where the person says, “I may be at X restaurant at noon tomorrow, or I may not.”  You show up at the place at noon and the person who made the statement does not show up.  Later, when you “bump into” the person, you say, “Why didn’t you show up at X restaurant,” and the person responds with, “Oh, as I said, I might have, but decided not to.”  Was there a broken promise?  Did the actions performed fail to “meet” with the words previously spoken?  No, and not only that – one could even argue that the person was quite true to his “word”.

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, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the connection between “action” after “words” is always an important consideration to take into account, for there will be many steps through the administrative process where compatibility between the two will have to take place.

Will your doctor support your Federal Disability Retirement case when the “crunch time” arrives?  (The doctor will need to).  Will your Human Resource personnel do as they say? (Likely not).  Will your supervisor timely complete the SF 3112B? (Hmmm…).  Will OPM “act upon” the Federal Disability Retirement application after “saying” that they will? (Again, hmmmm…..).

Action after words – the foundation of sincerity.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: And then we are gone…

The trailing ellipsis establishes a pause for reflection, and the finality of three periods for an emphasis upon the irreversible nature of the statement.  “And then” connotes that something preceded – a lifetime of activities, a century or less of human historicity involving birth, growth, work, struggles, etc. – existed before the conclusion of the life.

The “we are” slice of the sentence implies two additional variables: the universality of involvement – an event that excludes no one – and the present tense of that which is inevitable.  And what about the final word before the ellipsis?  The eternal nothingness; the inescapable conclusion to every novel, every short story, every figure of historical significance or otherwise; we all die.

We somehow try and escape or avoid that fate.  Heidegger’s observation that the whole of human activity is merely a project of distraction and avoidance – that we perform this busy-ness and that all-consuming work or hobby, not because it is inevitable, important, relevant or even interesting, but because to do nothing would be to face the reality of our own demise daily.

Perhaps that is somewhat of an overstatement.  And yet… In the end, plastic surgery, herbal teas and strenuous exercise may only prolong the terminal exit ramp for a fortnight or even a calendric cycle or two, but it is the “in-between” times that make all the difference in a person’s life.  And what of quality?  Does quantification by pure duration determine the worthiness of that “in-between” period, or is it better to have lived a short but “full” life, before the finality of nothingness comes upon one?

For Federal employees and U.S. Postal workers who are suffering from a medical condition, such that the medical condition is making that preceding period before the universalization of finality becoming a reality “less than worthwhile”, the time may have approached, and perhaps even passed, that preparing an effective Federal Disability Retirement application has become not merely a necessity but a crisis of mandate.

Sometimes, in life, the choices are limited and the options presented somewhat less than the best of life’s offerings; yet, to live out that duration of what is future-oriented by enduring pain, suffering and illness in an atmosphere of hostility and adversarial contrariness for the remainder of the days yet to come, often become unbearable and unthinkable.

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 the only solution to a problem unsolvable. It is that moment before the part that goes, “And then…”, where the ellipsis has not yet reached the “we are” portion, and thus a crucial section of a life still to be lived.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government Employment: Parting grace in silence

Does grace extend even when the intended recipient is unaware of its attachment?  Can the undeclared withdrawal of revenge justified have its own inherent rewards, without the unsolicited admission left silent by anonymity undaunted?  If given the choice between leaving the scene where injustice prevailed and dominated – of wreaking revenge or parting grace in silence – which would we choose?

Of course, there is a greater contextual awakening to be narrated before such an event would occur – of quietly enduring the daily harassment, the constant criticism and demeaning remarks; of refuting, rebutting and reacting, as against an agency that initiates adverse actions one after another in sequential persistence of unfettered meanness.

From that erupts the natural tendency in thinking:  “They can’t get away with this”; or, “If I have to spend my last dime, I am going to get even with them.”  Yet, is the cost of revenge worth the time, effort and expenditures depleted?  What does it mean to attain “justice” in an unjust world?  If a verdict is rendered or a settlement reached, what is the barometer by which one has regained one’s reputation, reestablished that one was ‘right’ or recuperated the toil of anguish and angst expended?

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, is not a surrender of one’s soul to an agency that has not, will not or otherwise cannot accommodate one’s medical conditions.  Rather, it is an admission that there exists an incommensurability between the particular position occupied and the medical conditions suffered.

That is the point made in the case of Henderson v. OPM, in which the U.S. Merit Systems Protection Board reiterated the alternative but equally valid approach in proving a Federal Disability Retirement case by a preponderance of the evidence:  a 1-to-1 ratio between a medical condition and an essential element of one’s Federal or Postal position is not the only methodology in establish a medical condition such that the Federal or Postal employee becomes eligible and entitled to Federal Disability Retirement benefits, but additionally, a showing that there is an incompatibility generally between the position occupied and the medical conditions suffered is also a basis for granting a Federal Disability Retirement benefit.

Whatever workplace issues have been a part of the content and context of a Federal or Postal employee needing to file for Federal Disability Retirement benefits, once that decision is made to prepare, formulate and file for Federal Disability Retirement, one might consider this:  The past has passed; the present must be endured while waiting upon a decision by OPM; the future is based upon the decision of the U.S. Office of Personnel Management; and in the meantime, where do you want to expend your energies?  You may want to consider parting grace in silence, instead of spinning the proverbial wheels heaping reactive acts of futile counterpunches upon those who know not the terms of justice.

Sincerely,

Robert R. McGill, Esquire