OPM Disability Retirement: The need to belong

Is there?

The brashness of youth in the misplaced arena of self-confidence when one first encounters the reality of the world after being sequestered in schools, from High School to College, but yet to be tested by the reality of the surrounding world; and so the young person says thoughtlessly: “I don’t need anyone; I will go it alone.”  And so the story goes: and like Harry Chapin’s song, “Cat’s in the Cradle”, of little boy blue’s father who never had time to belong because he was always too busy; but then, we feel most comfortable in situations of familiarity, though we may deny it.

The need to belong is not a peculiarly human need; it is shared by most other species, although there appear to be exceptions within the subset of every species, where the loner presents with contentment, and even an antagonism towards the collective community.

Is it fear that compels the desire, or an innate sense of wanting to belong (a more positive characteristic than fear)?  Can the need be quashed and dismissed, set aside and disregarded as mere convention to be ignored and diminished?

For Federal employees and U.S. Postal workers who are considering preparing, formulating and filing for Federal Disability Retirement benefits under FERS, CSRS or CSRS Offset, is it the loss of community that often makes one pause — i.e., the need to belong?

Certainly, the camaraderie and being “part of the team” — though one may scoff at the very idea — allowed for one’s identity to thrive within the community of Federal or Postal workers; and identity-tied-to-career and work is an important component in belonging to anything, for everyone.  Yet, the medical condition itself is the very element that separated and excluded in the first place; the Federal Agency or the U.S. Postal Service is the “community” that begins to shun, to exclude, to make an outcast of the Federal or Postal employee, and that is almost an inevitability that must be faced.

At some point, that “community” called the Federal Agency or the Postal Service begins to lose its patience, and begins to restrict the use of Sick Leave or LWOP; or, when the FMLA runs out, a “demand” to return to work, to maintain a regular work schedule, etc., is imposed.

Unfortunately, the “need to belong” has to be a two-way street: The desire to belong on the part of the Federal or Postal worker, and the comity of interests shown by the Federal Agency or the Postal Service.  When one or the other begins to wane or vanish altogether, it is time to file for OPM Disability Retirement benefits and to look for other communities in which to satisfy the need to belong.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation for OPM Disability Claims: Hypotheticals

Why do lawyers, above most other professions, utilize the tool of hypotheticals?  What is their evidentiary value, and in what way does it help to advance the cause of one’s case?

Say, for instance, you need an architect or an engineer (yes, yes, the humor here is that in speaking about hypotheticals, we are preparing to present one), would you be at all impressed if, after describing with precision the type of product you desire to have built, or in requesting a blueprint of a model house you are interested in, the architect or the engineer presents you with a hypothetical?

What, first of all, is a ‘hypothetical’?  It is, first and foremost, a proposition of non-existence, but with components of reality that may or may not have occurred or existed except in partial or disparate forms, delineated in an attempt to make or prove a point.  It is the tool of the attorney, just as the pencil and the blueprint are the resources of the architect, and the mathematical calculations the reliance of the engineer.  Often, it is used by means of analogical content to prove a point and to enhance the evidence gathered.

Take, for example, the lawyer who defended a bank robber.  He meets his client for the first time, and the criminal defense lawyer puts up a hand in order to stop his client from speaking, and says the following: “Now, take the following hypothetical, Mr. Dillinger: A man walks into a bank and hands a note to the teller that says, ‘Give me everything in your drawers.’  Now, that man was subsequently arrested.  No cash was ever exchanged; no weapon was ever found.  The question, then, is: What was meant by the words?  Only you know.  If, by way of a hypothetical, the man meant to obtain the contents of the teller’s drawer, it might mean 10 years in prison.  If, on the other hand, the note meant to be a lewd proposal about the teller’s anatomy beneath her undergarments, it would likely be a misdemeanor offense.  Now, Mr. Dillinger, which is it?”

Now, aside from some who would view such a presentation as somewhat unethical for “suggesting”, on the part of the lawyer, which intended “meaning” the defendant possessed at the time the note was passed, such a hypothetical is intended to denote the importance of hypotheticals within the purview of “the law”.  Hypotheticals allow for individuals to see the differences in paradigms or examples; it allows for options by way of analogy.

For Federal employees and U.S. Postal workers 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 one’s Federal or Postal job, hypotheticals have quite likely become like unicorns and gnomes: no longer a figment of one’s imagination, but a reality that must be faced within a surreal universe of a Federal Agency or the Postal Service that fails to possess the humanity necessary in dealing with a person with failing health.

Words of platitudes are often spoken; and, perhaps, here and there, you come across someone at your agency that actually cares.  But for the most part, such “caring” amounts to no more of a reality than mere hypotheticals; and when that realization comes about that the clash between hypotheticals and reality must be confronted, it is time to get down to the “nuts and bolts” and prepare, formulate and file a Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

And, as an aside, you may be asking, What was Mr. Dillinger’s response to the lawyer’s hypothetical? He punched the lawyer in the mouth, stood up and said, “Jeez, I ain’t no pervert!  Of course I wanted the money!”

Sincerely,

Robert R. McGill, Esquire

 

 

OPM Medical Retirement Legal Representation: Owing and debt

Why must advancement always entail greater complexity?  Or, is that merely the concurrent and natural evolution of linguistic modes of communication?  Do words ascribed and the antiquated, outdated philosophical concept of language as a “correspondence” between the objective world and the language games one plays (yes, an admixture of Bertrand Russell’s criticism and Wittgenstein’s deconstructionism combined) naturally result in the bungled world of complications as a mere afterthought to sophistication and the rise of a civilization?

The simplicity of a stone-age civilization, where pursuance of food and the bare necessities to survive – is that what can be termed a “simple” life, and therefore a primitive, less advanced (or none at all) civilization?  Does the capacity to invent, discover and apply technology by definition establish that a collective group of people has “advanced”, and is the advancement a reflection of greater complexity, or is complexity the hallmark of such advancement?  Can you have an “advanced” society and yet maintain a level of simplicity such that the pinnacle of such advancement is better defined by the simplicity of living standards?

And where does sophistication, culture and refinement of the arts fit in?  Does the fact that exchange of monetary currency, the involvement of extending credit and the concomitant issues of owing and debt necessarily arise in a complex society?  When did the concept of “owing” and the concurrent idea of a “debt” owed come into the daily consciousness of an individual, a society, a civilization?  And, was it first tied to the idea of money, then to an analogy about “favors”, obligations, return of bartered goods – or was the very idea of owing or being obligated to, and having a debt to be repaid, separate and apart from the exchange of currency?  We owe a “debt of gratitude”, and a sense of “owing” that which we borrowed, or the debt we are in, and there is the “debt ceiling” and bills yet to be paid, as well as a “debt of loyalty” – do these all arise from the origin of bartering and money-lending?

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 employee from performing one or more of the essential elements of the Federal employee’s capacity and ability to continue in the career of one’s choice, there is often a sense of “owing” the Federal Agency or the Postal service “something” – one’s time, one’s gratitude, one’s commitment, etc.; and that the “debt” has to somehow be repaid by killing one’s self to the enslavement of work.

It is a false idea one clings to.  The “owing” one must first be concerned with is the debt to one’s self, first – of health, future orientation and obligations to a family one has brought into this world.  Don’t confuse concepts; and be aware of metaphors that have evolved from civilization’s greater complexity where advancement does not always mean greater complexity of confounding confusions.

Sincerely,

Robert R. McGill, Esquire

 

Medical Separation from Federal Government Employment: The uncommon denominator

Why is it that the common denominator is always represented by the basest of related factors?  The answer is simple, of course, and a tautology of sorts; for, that which is uncommon, by definition, constitutes a rare and prized feature, and through sheer economic application of supply and demand, the latter is heightened when the former is scarce.

Thus, in issues of character and human essences, the core of an individual is represented by the base elements of evolutionary Darwinism, and would therefore constitute the most simplistic of instinctive drives; whereas culture, refinement and societal structures are developed beyond the commonality of base factors.

Rousseau could be said to disagree with such a perspective, as his romanticized postulate of man’s vaunted “state of nature” reflected a penultimate, idealized condition of peaceful coexistence; but as no one has yet discovered an actual sociological enclave where such existence of sympathetic amplitude resides, it is doubtful that such defiance of the general view of man’s iniquitous soul provides the greater factor for an uncommon denominator.

For most, then, it is that which we share with all others; and, indeed, the element which interrelates everyone, is that which we publicly declare to abhor, but summarily engage in within the confines of law, societal mores, and acceptable norms of behavior. Except, of course, when the weakest of victims display the wounds of life, and the predators circle and abound like vultures encircling high above in the wind streams of timeless watchfulness, waiting upon a crumbling civilization as the decay of flesh and dying carcasses fume in the heat of the midday sun.

Federal employees and U.S. Postal workers know well the feeling of the common denominator; it is often that factor which brings everyone together in a semblance of denoted behaviors.  And it is precisely the uncommon factor which brings about the circling birds of prey; for, the Federal or Postal worker who suffers from a medical condition is “different”, and therefore steps outside of the perimeter of commonality; and that which is separated and isolated becomes the focus of the threatening predator.

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, makes the Federal or Postal employee an uncommon denominator, and thus the target of baseness precisely because such a person has become the anomaly.

Evolutionary Darwinism requires the killing off of DNA structures which threaten the whole; and for the Federal or Postal employee who is no longer able to perform one or more of the essential elements of one’s Federal or Postal positional duties, preparing and filing an effective Federal Disability Retirement application through OPM constitutes the uncommon denominator for a future set for tomorrow, beyond the pale of those predators of antiquity whose self-extinguishment is bound by the fate of a shrinking pool of genetic predisposition.

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

 

Postal & Federal Disability Retirement: Adrenal Fatigue

One need not be officially diagnosed with Addison’s Disease in order to incur the wrath and ravages of adrenal insufficiency.

Life’s multiplicity of compounding and complex stresses; exhaustion beyond merely feeling “run down” or otherwise out of synchronized balance from everyday feelings of adequacy; a sense of profound fatigue, where cognitive dysfunctions develop, and where symptoms of falling asleep at meetings, where the world appears at times to become a distant echo chamber and what others view as a normal pace appear in dizzying fashion of incomprehensible clatter of distractions; and where visual disturbances occur systematically as one attempts to view the computer screen and perform work which, in previous times, was merely mundane and monotonous, but now requires an effort beyond sheer force of will.

Does modernity and technological stress contribute to medical conditions which may have no name, and often defies pigeonholing because of the mysteries of the human body and psyche?  A broken arm is easy to identify, and normally just as correctable; a cervical or lumbar disc degeneration, perhaps a bit more complex, but often manageable; chronic pain, but for a parallelism between objective testing and pain points, sometimes an anomaly; psychiatric conditions, of greater mystery which has become too often a pharmacological corridor for treatment modalities; but where profound and intractable fatigue more often than not is beyond the capacity to be diagnosed.

However one characterizes it — of adrenal fatigue, insufficiency, chronic fatigue syndrome, or other designations of type; it is ultimately the reality of the daily toil and turmoil with which the patient must contend.  For Federal employees and U.S. Postal workers who experience such a state of physical and psychiatric condition, 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, may be the best and only alternative available.

In the end, adrenal fatigue may be more than an endocrine imbalance; there is often a complex component where multiple medical conditions ravage the body and mind, and as with so many issues in law and life, there is a vast chasm between having a medical condition, being properly treated for the condition, and proving one’s medical condition in law such that one can be found eligible for Federal & Postal Disability Retirement benefits through the U.S. Office of Personnel Management.

Fatigue, whether of the adrenal kind or of resulting impact from a lifetime of stresses, is a basis for Federal OPM Disability Retirement; attending to the condition should always be the first order of business; proving it, the second and subsequent thereafter.

Sincerely,

Robert R. McGill, Esquire