Legal Representation for OPM Disability Claims: The double-negative

Does it “tell” more than the positive?  Is the reduction by twice negating words of positive connotation a lesser meaning — a “softer landing approach” — than to declare it with a single positive note?

Thus, when a parent declares to a close friend or neighbor that his or her son or daughter is “not unpopular”, is it not the same as proudly stating, “He is popular”?  Is the double-negative more humble and sound less like bragging?  Is the meaning not unclear, or less unlikely, or not incomprehensible?  Or, what about a triple negative — say, if a person says that he is not not uncomfortable — is it a more polite manner of telling another that he is uncomfortable, but does each negative remove the bluntness of the root word such that the repetition of negation undoes what the foundation of the meaning provides for?

And how did grammar translate from linguistic insularity to real life?  When and how did we learn to speak in such negations?  Is it by stealth or cover-up that grammar reflects upon the negation of words, thus transferring such concealment into the language games we play?  Do we wear sunglasses to hide our eyes from remaining open as the window to our own souls?

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, the application of the double-negative becomes infused in everyday encounters with the workplace — of needing to use Sick Leave in order to attend to one’s health, but trying to appear well at work so that the workplace barely notices; of trying to remain in corners of anonymity despite feeling the need to be “up front” about it; and of appearing to be “healthy” on the outside and yet feeling the dread of hopelessness on the inside.

The double-negative is too often a reflection upon the way we are forced to live, and for the Federal or Postal employee who by necessity must file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, it is a reality that must unfortunately be faced every day.  But filing is important, and making that decision is a crucial one that must be faced — or, in the manner of the double-negative, it is not unimportant to begin the process of filing something as administratively complex as something which is not incomprehensible.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: Sun rise, son set

Can homonyms be mistakenly utilized in spoken language, or only if written?  When we speak, do we have a conceptualized entity of the sentence spoken within the mind’s eye, or is it all just the blather of our own voice which prevails upon the sensitive ears of others?  If we have a word misspelled in our own minds as we speak of it, does it count?

Or, what do you make of a person who says, “I believe that the son is about to set”, then apologizes profusely, saying, “Oh, I am so sorry for the mistake; I was thinking about my son just as the sun was about to set, and mistakenly inserted one for the other as I declared the sun about to set.”  Does it even make sense to apologize?  Yet, in his own mind, he has made an error that needed to be corrected, so the further question would be: Can an error be one if no one else but the person who made the error recognizes it?

Oh, but if only this were true in all sectors of life — take, as another example, a person who finds that his bank account has been deposited with an astronomical sum: instead of $200.00 deposited on Thursday, the bank records show a deposit of 2 millions dollars.  You go to the bank and inquire, and the bank manager treats you like royalty and says, “No, no, there was no error; it was definitely a deposit of 2 million dollars.”  You know that an error has been committed; no one else will acknowledge it, and feigns either ignorance or rebuts your presumptuousness that you are correct and all others are wrong.

Is such a case similar to the one about homonyms in one’s own private world?

Or how about its opposite — Son rise, sun set.  You say that to someone else — “Yes, the son will rise, and the sun will set.”  It appears to sound like one of those pithy statements that is meant to be profound: “Yes, the sun will rise, and the sun will set”, stated as a factual matter that cannot be disputed.  Was an error made?  Do you turn to the individual who made the declarative assessment and correct him — “Excuse me, but you misspelled the first ‘son’ and should have been ‘sun’”?  And to that, what if the speaker says, “No, I meant it as it is spelled; you see, my son gets up to go to work when the sun sets.”

Of course, how would we know unless the speaker were to spell the words out as he is speaking — you know, that annoying habit that people engage in when they think that everyone around is an idiot who cannot spell, as in: “Now, watch as the entourage — e-n-t-o-u-r-a-g-e for those who don’t know how to spell and who don’t know the meaning of the word — comes into view.”  To such people, we roll eyes and step a distance away.

For Federal employees and U.S. Postal workers who are wondering what homonyms have to do with Federal Disability Retirement issues, the short answer is: Not much.  Instead, the point of it all is to have the Federal and Postal employee understand that preparing 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, is much like having a private thought — the medical condition — which is suddenly revealed only after we choose to do so.

Medical conditions are extremely private and sensitive matters, and are often hidden by taking great extremes of cautionary steps.  Privacy is crucial, but when the decision is finally made to prepare, formulate and file an effective Federal Disability Retirement application, you must accept that others will come to know the reality of the privacy you have protected for so long — somewhat like the sun rising and the son setting, only with greater significance and painful reality.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Employee Medical Retirement: The source of despair

There are searches for origins and those for solutions, regardless of the source.  One hears about the “source of the Nile” or of the Mississippi river; or of the origin of the species, how Man came about to become who he or she is, why and what of the destination.  To ask, “From where?” is quite different from the query, “How?”  The former inquires as to the source of X, while the latter is more concerned with the rationality behind the origin.

There is thus a difference between the physical or spiritual source of the matter as opposed to what Aristotle deems as the fundamental principle that explains the ultimate and elemental foundations. For example, for Federal and Postal employees 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 question one might ask may concern the source of one’s despair.  Is it the medical condition itself?  Likely.

But is there a more fundamental principle – like the work that one engages in, the harassment and pressures one is exposed to, etc., that better addresses the concomitant query concerning the “how” question?  The origin of one’s despair may be due to the medical condition one suffers; but if one could focus and prioritize upon one’s health, would that not “solve” a great portion of the despair itself?

In order to do that, it is often necessary to prepare, formulate and file an effective Federal Disability Retirement application with the U.S. Office of Personnel Management, precisely because the source of despair cannot be searched for within a vacuum of a medical condition exclusive of all other contributing origins.

There is, in addition to the medical condition, the realization that one cannot continue with one’s chosen career with the Federal Agency or the U.S. Postal Service because you are no longer able to perform one or more of the essential elements of the Federal position or Postal work; and, further, a contributing factor may be the stress and pressure placed upon the Federal or Postal employee by the workplace itself, the hostility shown and the adversarial attitude of the Federal agency or Postal service.

Federal Disability Retirement may not be the full and complete solution to one’s source of despair, but it may be a necessary step in resolving the question as to “How” the burdensome source may be alleviated.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Representation: Trains of life

There are trains that come and go daily; others, with lengthy destinations, like the Trans-Siberian Express traveling from Moscow to Vladivostok or the Venice-Simplon Orient Express visiting Paris, Venice, Istanbul, and places in-between; and others merely for the monotony of going to work and coming home.

Those who engage the latter often find that vacations utilizing trains are boring and uninviting; yet, for others who struggle through the vehicular traffic jams by rush-hour standards prefer it because you neither have to man the controls nor keep your focus upon the roads to avoid those who are inattentive to the rules of the road.

Relaxation takes many forms, multiple definitions and countless contextual feeds; we are all different, as are the trains of life.  Where it is going; the ticket we purchase; whether we have boarded the “right” train; whether the mistake was made at the ticket office or our lack of identifying the proper one to take; and, if the wrong one, can we still enjoy the scenic view or do we become consumed by the direction we are being taken?

What if we boarded the wrong train, but it turns out that the direction it is taking us fulfills every hope and dream we ever desired – do we still get off at the next stop, or do we muster courage enough to remain still and enjoy the view?  What if we stepped onto the “right” train, but knowing that we don’t really want to go that way, realizing that it has always been a mistake and nevertheless do so with reluctance and dread – do we force ourselves to continue on the journey despite our unhappiness and angst of drudgery?

Or, take it a step further – what if we buy a ticket, board a train and realize that it is not the right one expected, but upon being asked by the ticket-taker mid-trip, the official – whether intentionally or by lack of observance – makes no comment, punches the proper hole and moves on; do we sit with gleeful quietude and just let the train take us where we did not intend but are happy to experience?

That is often how life works – of trains that we intend to board, sometimes mistakenly take, and otherwise inadvertently travel upon; and that is how a Federal or Postal employee suffering from a medical condition should view filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management. Sometimes, the ticket fails to match the trip; other times, while the intended destination corresponds perfectly, there is a “mishap” on the trip itself.

Perhaps the Federal or Postal employee never expected a medical condition; so be it, but plans for the ongoing train of life must nevertheless be made.  Preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, is the next step where a Federal career must end because the Federal or Postal employee can no longer perform all of the essential element of one’s Federal or Postal position.

For, as the trains of life may be many, choosing the right “ticket” while waiting to board is just as important as identifying the train that will take you to the intended destination.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employees Disability Retirement Benefits: Weather and the Prognosis

Prognostication of weather, beyond a day (or sometimes a couple of hours) can be treacherous and self-defeating.  With enhanced computer networks which reevaluate information as it is fed with information concerning patterns of predictability, shifting atmospheric changes and spectrums of barometric alterations; cumulatively, a pie in the face is preferable despite advanced technologies allowing for respectable predictability.

Similarly, the medical field is expected to provide predictions of future events and as-yet unforeseen consequences.  Because medicine is considered a “science”, the level of accuracy is required beyond mere witch’s brew, or the spell of waved wand cast upon an unsuspecting eye.  Thus do doctors engage in percentages and probabilities; of mortality, X-percentage, give or take a few months, based upon studies delineated in some obscure journal presumably respected and hidden in the esoteric towers of ivory bastions.

For Federal employees and U.S. Postal workers who are contemplating filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the requirement for Federal and Postal employees includes information that the medical condition will last a minimum of 12 months (from the date of filing for Federal Disability Retirement).  Persistent and prevalent misinterpretation of this requirement pervades; one often hears the belief that the Federal or Postal employee must be away from work, or otherwise incapacitated, for that period of 12 months before filing.  Nothing could be further from the truth.

The requirement is merely one which denotes a prognosis or prediction, no more than what the medical field can predict and what the weather can portend.  It merely means that a Federal or Postal employee who suffers 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 positional duties, will be so prevented and impacted for a minimum of 12 months.

Any doctor worth his or her salt can provide a prognosis of how long the medical condition will last, and whether or not such a prognosis is as accurate as the 10-day forecast promulgated by weather entities is often irrelevant.  For, in the end, the Federal or Postal employee who suffers from the medical condition and who needs to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, knows in his or her “heart of hearts” how long the medical condition will last, whether it is for a day or a season, or a lifetime of chronicity requiring longterm care and treatment.

As one’s own body, mind and soul rarely mistakes the shifting changes of life, so the weather and prognosis of one’s own health can be established through the experience of pain, agony, and the pounding of deterioration perpetrated upon the vulnerability of a mortal being.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Employee Disability Retirement Benefits: When Curiosity Fades

It is that compelling feature for animals and humans alike (if one is to make a distinction between the two); of an innate sense for the extraordinary, and a need to figure out change, reveal the hidden vortex of anomalies, and uncover the mystery behind the curtain.  Shakespeare made reference to the known proverb in Much Ado about Nothing, and it was originally meant as a forewarning for those who meddle in other’s affairs; but it is curiosity, indeed, which maintains an evolutionary compulsion to strive forth, to manifest life and liveliness in the face of dull acceptance and loss of inherent inquisitiveness.

When other concerns begin to intersect and overtake, is when such features meant to enhance survivability and adaption begin to diminish.  Life and its exhaustive characteristics, especially in modernity, can result in the uncharacteristic feature of disinterest and dismay.  Whether the medical condition portends first, or the sense of abandonment in prefatory congealment, the fact is that life and its inherent stresses can be like a weight of seemingly insurmountable burdens crushing in its suffocating pervasiveness.

For Federal employees and U.S. Postal workers, the heightened stress imposed by increasing steps of adverse actions, punitive measures and letters threatening discipline and termination, can be daunting and devastating.  Dealing with a medical condition itself can be a full-time endeavor, and can sap the life, energy and reserve of vitality for even the strongest of individuals.

When the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s positional duties, it is time to take stock and inventory of one’s choices, which are normally limited to three:  (A)  Stay with the agency or the U.S. Postal Service, and allow for the progressive diminution of that peculiar trait called curiosity for life, (B) Wait for the adverse actions to increase in systematic advancement of punitive impositions, or (C) Begin the process of preparing, formulating and filing for Federal or Postal Medical Retirement.

The shell of a man did not become so in one fell swoop; rather, by incremental destruction, like a child taking apart a completed puzzle piece by piece.

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 first step towards regaining a piece of one’s sanity, one’s physical well-being, and one’s “wholeness” of being a human being; and contrary to the common perspective that curiosity killed the cat, it is almost always the exact opposite:  it is the Federal agency or the U.S. Postal Service which kills curiosity, which is the underlying force and beauty of a life worth living.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Price of Admission

Private entities charge more; exclusive arenas tend to be out of reach; and it is, ultimately and as in all economic realities, determined by an admixture of supply (how many are allowed) and demand (how desirous is the goal of entrance and acceptance).  For every admittance, there is a price to pay.  Often, it is not merely the affirmative transfer of money or goods, but rather, the negative aspect of what one must “give up” in order to attain the end.  It often involves a comparative analysis, an economic evaluation of gain versus loss, and in the end, the emptiness of the latter being overtaken by the value of the former.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to awaken an awareness that one’s career may be coming to the twilight of that lengthy, successful run, it is often that “price of admission” which makes one hesitate.  For the Federal and Postal employee who must 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 question is double-sided:  the price one “has been” paying to remain as a Federal or Postal employee, as opposed to the loss of employment status, or becoming an “ex-member” of that exclusive club.

Change always portends a trauma of sorts; the medical condition and the revelation of vulnerability, mortality and progressive debilitation was in and of itself crisis of identity; but when it becomes clear that the medical condition begins to impact one’s ability to perform all of the essential elements of one’s positional duties, and that further changes to one’s career and livelihood must by necessity occur, then the avalanche of reality’s namesake begins to dawn.

The price of admission for one’s health, ultimately, is priceless; and that is the reality which one must face when preparing, formulating and filing for Federal Disability Retirement benefits through OPM.

Sincerely,

Robert R. McGill, Esquire