Lawyer Representation for OPM Disability Claims: The story

Everyone has one; some, more interesting than others; others, less interesting than most; most, told in disjointed streams of subconscious dilemmas often coopted by deceitful tellings that leave amiss the juicier elements that would otherwise offend.

Is there “the” story, or just many little details comprised of “a” story here, a story there, and in the aggregate, it makes up the total picture of a person?  Can one ever know a person in his or her fullness, or must there always be left out an element of surprise, mystery and a deficiency otherwise not noted?  Can people be married for 50 years and still be surprised by something in the other spouse’s past?

How are memories triggered to begin with — say, for example, a couple has been married for half a century or more, and one night they get a carry-out from a newly-opened restaurant in their neighborhood that serves a special Moroccan dish from the menu, because the restaurant owner’s wife’s late husband’s third cousin twice removed recently visited the country and brought over a recipe that could not be resisted.

The two older couple (yes, you may infer from the fact that they have been married for over a half-century to connote that the couple are rather elderly) sit down for this delectable dish, and as they begin serving the various food items and transferring them from the paper boxes onto dinner plates, the wife takes in the aroma of the vegetables, cooked in a certain sauce, and declares to her husband, “Oh, this reminds me, I was in Morocco when I was younger.”

Now — for fifty some odd years, this couple has been married; they have had children; they have shared the many stories to tell, both included and some where each experienced a slice of life separately; and one would think that such a detail as having been to a foreign country which not many Americans visit in the first place, would be something that was told during the course of their long and lasting relationship.

What would be the explanation for not having told?  How about: “Yes, I was kidnapped and held for ransom for months, and I repressed the memories these many years”; or, “Oh, I was just 2 or 3 and don’t really remember much about it, other than my parents dragging me to Morocco just to get away”.

Such explanations might be understandable; but how about the following: “Yes, I was there for 5 years, from about the age of 10 – 15, and it was the most impactful experience of my life.”  Now, this last explanation — one would wonder, of course, what kind of a marriage this elderly couple could have had if the spouse had never related the most “impactful” period of her life, would one not?

“The Story” of one’s life will always contain some omissions (that is a conundrum and an oxymoron, is it not — to “contain” and “omit” at the same time?) about various experiences encountered, but that is a natural course in the very “telling” of one’s narrative.  Most narratives have a beginning and an end; some are interesting, others not; but in the telling, the narrative itself must be coherent and comprehensible, as well as containing relevance and significance within the meat of the narrative itself.

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 ones’ Federal or Postal job, it may become necessary 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.

During such an administrative process, it is necessary to “tell one’s story” by completing SF 3112A, Applicant’s Statement of Disability.  It is a “slice of life” story, and should be as compelling as the aroma that triggered the admission of one’s Moroccan past — for, every story is a unique one; it is in the telling that brings out the mystery of a person’s singular tale of painful experiences, and this is one more slice that needs a coherence within a narrative required in order to obtain a Federal Disability Retirement benefit.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The regularity of life

Metaphors abound, of course; of the stream of life, its cadence, likened to a steady march and the cyclical nature wrapped in the repetition of the growing dawn followed by the setting sun.  The regularity of life represents a rhythm and monotony that provides a blanket of comfort (there goes the metaphor, again) that can be extracted from the lack of chaos.

Most of us thrive best within the regularity of life’s monotony; it is the very few who seek and relish the chaos of life.  Some few seek the opposite precisely because they grew up hating the former; and other, the very antonym of life’s challenges, searching always for new adventures and challenges and upending everything in sight because of boredom experienced in some prior stage of life.

Whatever the causes, whatsoever the sought-out means for expression and self-satisfaction, one cannot exist without the other.  It is from chaos that one creates an order (hint: this is not a new notion; one might consult the first book of an otherwise unnamed book that “believers” often refer to); and it is only in the midst of the regularity of life that one can have spurts of its opposite; otherwise, the world of chaotic living could not be identified as such unless there is a contrasting opposite by which to compare.

Medical conditions “need” its very opposite.  Doctors often talk about “reducing stress” as an important element in maintaining one’s health; it is another way of saying that the chaos of life needs to be contained, and the regularity of life needs to be attained.  Medical conditions themselves interrupt and impede the regularity of life; as pain, it increases stress; as cognitive dysfunctioning, it interrupts calm.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, the very fact of the medical condition itself can be the impeding force that disrupts and interrupts the regularity of life; and the chaos that ensues often necessitates an action that returns one back to the regularity of life.

Preparing, formulating and filing an effective 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 often the first and necessary step in bringing order back into an otherwise chaotic-seeming mess.

It is, in the words of some “other” source, to attain the regularity of life from that which had become without form and void.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation Federal Disability Retirement: Unremembered

It is a strange concept that encompasses a sequence of duality in the willfulness of the mind – first, to recall, to bring out from the cognitive closet of one’s mind, a vestige of that which was once lost.  Then, the act of the “un” – a negation which abandons that which was once rediscovered; to cast aside and set away an image, a piece of knowledge or a conceptual relic once recovered but now, with deliberative intent, to throw it back into that back room collection where things reviewed have been considered but found to be unworthy to keep in open exhibition.

Thus, there is a linear duality of sequential negations: Once known, then forgotten; remembered and thus retrieved for review, and finally in the domino of cognitive acts, to deliberately engage in the “un” – to unremember that which was once reenacted and reengaged mentally.

It is, then, a deliberate force of the will to consciously engage in an act of self-engagement, and to extinguish like a flame once rediscovered in banishment to complete darkness.  The concept itself is reflective of life’s travels, where we engage daily living and become too involved in the process of advancing in our careers, bringing up kids as best we can, and forget the enjoyment of life itself, until one day we pause, look up from the ground that keeps moving under and behind us in our rush to constantly move forward, and ask the disturbing question:  What is this all for?  Why am I doing all this?  What is the purpose of all of this?

And then we remember: that youthful exuberance where dreams once lived, now deadened in the unresuscitated state of disrepair, when the world was still but an uncultivated terrain to be explored and conquered.  Then, we saw the potential not only of what could be accomplished, but of our own roles in the betterment of society.  We had once known; then, in the busy turmoil of life, we forgot; and then again, we remembered.  Once remembered, we smile, put on a brave face and move forward again – unremembering again by sheer willpower so that we can again “do” instead of becoming stagnant in the constant ruminations of a negation that requires the final step of “un”.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition is keeping the Federal or Postal employee in that step preceding the final engagement of the will to “do” by being stuck in the “un” world, the next step in the sequence to move forward is to begin to prepare, formulate and file an effective 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.

For, it is the unremembered life that gets beyond the forgetting and the retrieval, in order to get to that step beyond – especially where a medical condition is involved.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Benefitting from doubt

What does it mean to “give” one the “benefit of doubt”?  Is it something that is granted automatically, or must one “earn it” through labor, circumstances or sheer luck?  What are the elements that lead to it, and why are some people accorded such grace while others are treated with impunity of disregard?

Take the following hypothetical:  You are at a party with friends and acquaintances; you sit with a number of people, and among them are a very close friend and confidante, as well as a mixture of those whom you somewhat dislike and otherwise consider an “undesirable” of sorts.  Well, let’s be honest – you despise especially this one person, and hope daily that that individual will die a horrible death in a slow, agony-filled manner.  You may even daydream of torture and mayhem, and how your laughter at such pleas for mercy fills your inner soul with delight so devious that it even frightens you to consider your own meanness and ferocity of unsympathetic attitude towards this one subhuman miscreant.

During a lively conversation – we shall call the “friend” X, and the one whom you wish the horrible and slow torture ending in death, Y – the former (X) says something that refers to you in an obscure and somewhat polysemic context.  You pause and consider; then dismiss it; for, as a friend, you give the benefit of the doubt that the utterance was said innocently and without any underlying meaning of harm or tincture of criticism.  Then, later, Y says something as well –  perhaps a reference to you, your group of people or your team effort in a project – and with obvious sarcasm, says, “Yeah, right”.

Now, had X said the same thing, it might have been taken as a joke; but when Y says it, you burn with inner turmoil and it is just a miracle upon a hair’s breath that you don’t throw the contents of your drink across the circular gathering, right at the individual’s face.  For Y, you failed to give the “benefit of the doubt”.  Why?  Is it because such granting of unconditional grace must necessarily be encircled by a context of relational warmth, and lack of it provides grounds for withdrawing or withholding any such unilateral mandate?  Is the spectrum of doubt’s convergence and emergence correlated to the level and extent of trust and friendship already established, or can it also occur in the vacuum of dealing with strangers?  As to the latter – dealing with strangers – we often coin as an act of the foolish or resulting from innocence and inexperience, don’t we?

For Federal employees and U.S. Postal workers considering the option of filing for Federal Disability Retirement benefits through one’s Federal agency or the U.S. Postal Service, then on to the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, the issue of giving various individuals the “benefit of the doubt” will come up in numerous contexts and encounters – from discussing one’s medical issues with a Supervisor or Manager, to informing the Human Resource Department of one’s Federal agency that one intends upon filing for Federal Disability Retirement benefits; and such encounters, by necessity, will often involve that nagging feeling as to whether to grant (or not) the benefit of the doubt.

In the end, “doubt” is more likened to an intuition – like the hair reflexively standing on the nape of one’s neck as a warning against impending danger – and has more to do with our Darwinian background than any societal conventions we deem applicable, and when dealing with Federal agencies, it is often prudent to not grant that ultimate grace of unilateral conformity – and, instead, to withhold giving the benefit of the doubt in almost all circumstances.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The tapestry of modernity

Every age has its feel of fabric of the times; in ages past, the woven loom of quiet hamlets with curls of smoke slowly rising from the warmth of the hearth; in others, the tension wrought at the dawn of the industrial revolution, where the ways of old and the textiles of handiworks would soon be replaced by the machines of progress.

In modernity, there is the tactile sense of restlessness, of communities splintered, where we are told that the inevitable march of progress is but for the dawn of an age of leisure, as each technological innovation will afford us greater time with out families.  Somehow, however, we are busier than ever.  Not more productive; not even happier; just a frenzy of activity to plug the holes of the dam which continually creaks with new fissures.  That is the tapestry of modernity; of a world which fits man into a cauldron of machines beyond the want of age.

For Federal employees and U.S. Postal workers who, in this day of demands beyond human capacity and tolerance, suffer from a progressively debilitating medical condition, such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, there dawns a time when filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management becomes a necessity.

Often, the upcoming fight seems like the “same old” repetition of confronting the inevitability of the progressive decline reflected in the age of technology, as bureaucracy and administrative obstacles form a conspiracy of stopping every avenue of attempted accommodations.  Life is tough; life in modernity is tougher, still.  The tapestry of modernity belies the times of yore when communities cared and banded together, replaced by the coldness of rights, benefits and entitlements.

OPM Disability Retirement benefits are there to compensate for the Federal or Postal employee who “paid the price” and now has a disability which prevents one from continuing in his or her chosen field; and the tapestry of modernity allows for that very attainment of necessity, in order for the Federal or Postal employee to move on into the next phase of civilization’s promise of hope for a future of uncertainty.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government Employment: The Wonder of Functioning

The complexity of the human condition makes one wonder about the capacity, endurance and ability of this animal who has created such a dysfunctional, technologically sophisticated universe.

From genetic predetermination of uncontrollable susceptibility to behavior patterns, diseases and addictive personalities, to environmental factors which condition and influence; what we eat; the wide spectrum of tolerance (or intolerance) to stress; medication regimens which would otherwise knock out an elephant, to modern prosthetic devices which makes the Six Million Dollar Man of the 70s a mere skeleton of technological innovation; and where this post-information age of constant data and stimuli bombardment is a never-ending stream of stresses; through it all, it is a wonder that Man is able to function at all.

But functionality is a paradigm which possesses subtle distinctions despite the concealment of appearances; it is always the irony of life that, after the havoc of a murderous rampage, the little old lady next door always responds to the query of the reporter and says, “And he was such a nice young man…”

The veil of appearances; the brave face we put on; like the Noh Mask which alters expression depending upon the angle, perspective, light and vantage point of the viewer, the inner reality of turmoil in every man passing on a single street, betrays the reality of cosmetic surfaces.  And, too, that is the problem for the Federal employee and the U.S. Postal worker who wants to — nay, needs to — file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS, CSRS or CSRS Offset.

Through it all, the “others” have been playing the same “game” of enduring through concealment.  Bizarre behaviors sometimes betray; or, perhaps, it is some rumors of over-drinking; or the unexplained and unexplainable cuts and the bald spot from pulling and scratching; whatever the evidence, they can all be glossed over with a smile and a furtive glance to other and parallel universes.  But for the Federal and Postal worker who truly suffers from a medical condition, such that the medical condition impacts and prevents one from performing one or more of the essential elements of one’s positional duties, the time has come when wonderment and reality clash in an intergalactic battle of proportionality and justice, where mind, body and spirit can no longer lie to the inner soul of one’s essence.  For, ultimately, it is that “soul” which hurts and suffers.

When we lie to others, it merely allows for the medical condition to fester and progressively deteriorate; when we lie to ourselves, it damages and destroys the inner character of one’s essence.  That is the epic tragedy of reality in a universe concocted with virtual devices, and therein lies the true lie of that which we desire, and it is indeed a wonder that we are able to function at all in that unending maze of cacophonous laughter we deem to be the madness of society.

Sincerely,

Robert R. McGill, Esquire