Federal Disability Retirement: Thinking Straight

Why “straight” as opposed to curved or in a zig-zag manner?  Who first thought that it was preferable, desirable, and even “smarter” to “think straight” as opposed to a thought process which involves a greater complexity of circuitous routes?

Is the origin based upon a metaphor or an analogy — that, because the shortest distance from Point A to Destination B must by geometric necessity involve a straight line, and therefore one may extrapolate from such a mathematical truth that the thinking-process which yields the best results is compromised of a similar metric: Of a direct and non-convoluted form of cognitive input, without the wavering lines and complicated conundrums involved in any form other than a straight line?

Yet, the process of “thinking” itself is often one that must include reflection upon multiple and endless variables: What if this happens?  What about such-and-such circumstances?  What about conditionals and unknown factors, and how will it end up if X fails to materialize or Y begins to dominate?  What about the principle contained in Occam’s Razor?  Is that the analogy that prevails upon the concept of “thinking straight”?

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 question as to whether you should consider filing for Federal Disability Retirement benefits under FERS should, indeed, be based upon “straight thinking”, and the process of “thinking straight” should generally apply.

However, as Federal Disability Retirement Law is a complex administrative process that involves multiple facets that intersect with the Federal Agency, the Human Resource Office, the U.S. Office of Personnel Management, and complexities involving accommodations, potential reassignment issues, etc., the fact that a straight line may exist between the filing of a Federal Disability Retirement application and the approval or denial by OPM of that application, does not make it any simpler.

Complexity is a fact of life.  To simplify things, you should consult with an attorney who specializes in Federal Disability Retirement Law in order to make sure that “straight thinking” is achieved by thinking straight, and that should come from advice and counsel which gives you the right direction on how to get from Point A to Destination B.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Season’s end

The cyclical nature of the seasons provides for comfort in its monotony of regularity; we are subject to nature more than we realize, and the onset of the next season means the end of one, the beginning of another and the endless cycle of repetitive regularity.

That concept, in and of itself, is a strange one, is it not?  Of “repetitive regularity”; for, can “regularity” encompass a series of elements without repetition?  And, is not repetition itself the foundation of regularity?  Is there a distinction with a difference to be made?

If a person goes to the same coffee shop every day, at the same hour, and orders the same cup of coffee each and every day of his life, we would describe that person as being a “regular”.  Further, we might describe what he does as “repetitive”, and thus would say of him: “He engages in an act of repetitive regularity”.

That perspective would be a fairly accurate one from an objective, outsider’s viewpoint.  But what about from the subjective perspective – from the person himself who goes to that same coffee shop each and every day?  He might say: “No, it is not repetitive, because each cup of coffee, to me, is a brand new one, just as each day I wake up is a new day; and, besides, I might wake up one day and go to a different coffee shop, and then you would not consider me to be a ‘regular’.”

Would such a statement be accurate?  Would it be truthful?  And what about the short time-frame within which we assign so quickly the label of “regular”?  From an omniscient viewpoint, would doing X for a month, a year – or even a decade – properly constitute “regularity”, when eternity is the standard by which it is being judged?

A season’s end and the next one’s beginning can certainly be considered as repetitive regularity; for, that is often what we rely upon as a security of comfort, in the very knowing of the next one coming. That is the insidious impact of a medical condition, is it not?  That it creates uncertainty, and suddenly repetitive regularity is no longer guaranteed, as if the season’s end may be its last.

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 one’s Federal or Postal job duties, the medical condition itself may be likened to the season’s end.

Fortunately, there is the benefit of Federal Disability Retirement, however, and that may, as well, be likened to the repetitive regularity of a season’s end – only, it is the onset of the “next season”, and that is some comfort upon which to take refuge, like the flock of geese that fly south for the warmer climate of tomorrow.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: That wretched attachment to life

The theoretical construct proposed by Darwin has proven itself many times over, according to evolutionists, since his initial dawn of delineating the “origins” of our existence; the urge towards existence, of remaining, of “being” as an instinctive component that cannot be denied, has become merely an accepted and acceptable normative paradigm of modernity.

In many ways, the inherent attachment to life itself is the basis of a wretchedness that leads to self-destructive behavior; many of us hate ourselves and do things that hurt and harm – a mode of self-immolation and Western-style seppuku that results in self-medicating devices encapsulating the spectrum from overeating, alcoholism, multiple partners and spreading of diseases untold; or, on the other end of the extreme, of become vegetarian, vegan, health-fitness-exercise-cosmetic-surgery and everything else to stay young and vibrant.

That wretched attachment to life cannot be avoided; it is who we are and the essence of our very being.  Is there such a thing as an “unhealthy” attachment to life?  It is all well and good for Camus to write about the Myth of Sisyphus and the need to turn away from self-annihilation before being able to live an “authentic” life; he was handsome, a pretty good writer, and French (or, actually, Algerian) to boot, and his only competition was a near-blind ally who was close to incoherent in philosophical discourse (i.e., referring to Sartre, of course).

But back to the idea at hand – of that wretched attachment to life.  We see it in old people attached to mechanical apparatus to prolong it; of humanism and even religiosity that remains suspicious as to whether there is truly anything else in the great “beyond” after death; and so we cling to life at all costs.  What would be the alternative?  To live a quality-filled, balanced existence? We sometimes forget why we became what we are today, and become steeped too deeply in the troubles of everyday existence.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition becomes the focal point of existence itself, there is a double whammy: Of the chronic and often debilitating medical condition itself, as well as worrying about and contending against the daily harassment and adversarial threats initiated by the Federal agency or the Postal facility, and it often becomes so burdensome that one wonders as to that wretched attachment to life.

But always go back to basics, to the foundation of Darwinian essence: Life is, indeed precious, and sometimes it takes a different sort of step in order to regain the balance in life that is needed.  Filing for Federal Disability Retirement is merely that step in order to reorient one’s self for a future course of life.  It is a means to an end, where a Federal Disability Retirement allows for the Federal or Postal employee to separate and retire with an annuity, then to consider one’s future after attending first to the medical conditions one is suffering from.

In that sense, that wretched attachment to life is more akin to the Hindu concept of reincarnation, where obtaining a Federal Disability Retirement through OPM is like returning to this life in a different form, and becoming resurrected from the ashes of the metaphorical Phoenix to live another day.

Sincerely,

Robert R. McGill, Esquire

 

Levels of Argumentation in OPM Disability Retirement

In a perfect universe, logic should prevail and the superior argument would be identified, recognized and accepted.  In a less-than-perfect universe (the state in which we unfortunately find ourselves), pragmatic factors involving power, authority, competency and non-substantive, peripheral issues must always be considered, and incorporated accordingly.  In the “unofficial rules” of argumentative methodology, three elements must be present:  (A) The ability and capacity to recognize a superior argument, (B) the willingness to concede one’s own inferiority of the proffer, and (C) acceptance of one in replacement of the other, which is to admit and submit.

In modernity, however, loudness and persistence, even without a basis in systematic logic, will often prevail, and one need not accede to a different position so long as ownership of the microphone or loudspeaker is never contested.  Which brings us to the pragmatic realities of the Federal Disability Retirement application, and the denials issued by the U.S. Office of Personnel Management.  First, it is important to recognize that all denials of Federal Disability Retirement applications by OPM “sound like” they are based upon “the law”.  They are meant to appear that way.  But are they?  If read too carefully, the internal inconsistencies, the lack of logic, and the repetitive nature of declarative conclusions without any supporting methodological argumentation will be quite evident.

How should one approach and rebut such a decision?  Does each and every point brought out by the “administrative specialist” need to be addressed, or just the “main points“?  Should the rebuttal arguments form the basis of the step-following the Reconsideration Stage of the process of attempting to obtain Federal Disability Retirement benefits — the U.S. Merit Systems Protection Board?  Are there any repercussions for not addressing each of the “points” delineated in a denial by OPM?

These, and many other questions, should be addressed by a Federal lawyer who is experienced in handling OPM Medical Retirement applications through the U.S. Office of Personnel Management.  For, as some Federal or Postal employees attempt to begin the process of filing for Federal Disability Retirement benefits without the aid, guidance, counsel and assistance of an OPM Disability attorney, when a denial of the Initial Stage is received from OPM, more extensive analysis and “corrective” efforts may be required.

And those three elements of argumentative methodologies discussed herein, are they relevant to the process?  Perhaps.  But OPM is a powerful and large bureaucracy which holds the future security of Federal and Postal employees in their hands, and a denial by OPM must be taken seriously, both in substantive form and qualitative content.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Consequence of Indecision

Why is it that some are able to make thoughtful decisions within a relatively short span of time, while others are paralyzed by indecision?  Is it purely a reflection of that — of “thoughtfulness” as opposed to lack of thought?  Or, perhaps because some have already predetermined the applicable criteria which is immediately instituted, like placing a window frame upon a hole in the wall, thereby capturing the stillness of scenery ensconced in a timeless warp of alternative displays?  Is it important to have set up a “criteria” upon which characteristic distinctions can be made, separated, identified, then dissected for evaluative reduction such that the proverbial chaff can be separated from the wheat?

Recognition that some decisions are based purely upon appetitive criteria — such as choosing a meal from a menu — as opposed to selecting a college to study at, a career to enter, a job opportunity to consider; what is the applicable criteria to help frame the issues to be questioned, inquired into, resolved?  And where do values come in — belief systems, what one holds dear, whether there are normative cultural pressures to consider, and the moral caveat which precedes the judgment of friends, family and relatives?

For Federal employees and U.S. Postal workers who suffer from a medical condition, at what point does the Federal or Postal employee consider filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management?  is it when you finally drop dead?  Is it when you become so debilitated that you cannot make it into the office any longer?  Do you destroy your body, soul and psyche in order to prove a point of loyalty?

Fortunately, the law itself helps to frame the decision-making process.  As OPM Disability Retirement requires that certain age and time in-service criteria be met, and further, that the Federal or Postal employee is no longer able to perform one or more of the essential elements of one’s positional duties,  some of the work necessary to “make a decision” has already been initiated in an “objective” manner.

In the end, however, even the child who first enters an ice cream shop and realizes that the world is not bifurcated into simplistic binary systems of “either-or”, but presents a multitude of endless summers of nuanced pathways to ecstatic completion, who must ultimately point to, and choose, between alternative compasses which will navigate one into the future of one’s contentedness, or dark chasms of dismay.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: Nature’s Purposive Divide

Teleological ascription accounts for the rational foundation behind the activity of an organism, and explains the “why”, but not that it necessarily “is” or how it came to be.  Inertia is the very opposite, or perhaps in Heidegger’s universe, the “nothingness” as opposed to “being”.  When bees swarm in a frenzy, there is a “reason” for their activity; and just as the skittishness of a herd portends a sensing of danger, so the aggregation of ants streaming back and forth from a given point normally means a food source attracting for plunder.

We may speak about these occurrences in academic and esoteric ways, but the underlying foundation to it all is actually quite simple, but not necessarily simplistic:  Nature provides for a purpose to pursue, and that is what divides the living from the inertia which surrounds us.  And the rule of Nature and the idea of teleological impulse is that, when we lose that purposive divide, we become like the non-living substance which everywhere reminds us of the corollary of life:  death, and the loss of one’s soul.

Constancy of deterioration, progressive destruction, systematic downgrading, and persistent harassment can dampen the soul; but it is ultimately the loss of Nature’s purposive divide which finally stamps out the glowing flame within one’s soul.

For the Federal employee or the U.S. Postal worker, unbeknownst because of the flurry of daily activity, it is often the meaningfulness of the work one engages, which provides for that teleological impulse.  When a medical condition begins to pervade, and systematically denigrate and degrade the quality of that aspect of meaningfulness, and further, when the Federal agency or the U.S. Postal Service constantly and persistently acts to exacerbate and rob one’s joy of the projects of life, then it is time to 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.

Federal Disability Retirement through OPM allows for a further teleological chance and opportunity, by first securing a lifetime annuity, then allowing for earning income in the private sector and beginning a second career or vocation.  While many may not consider the securing of a Federal Disability Retirement annuity as a meaningful endeavor for one’s financial security, it is precisely the stability of income which allows for the Federal or Postal employee to turn one’s energies upon other and more important things, and to allow for Nature’s purposive divide to propel one forth into the community of men and women who separate themselves from the mass of humanity who see drones and crestfallen vestiges of souls who once rushed where fools had remained and lost that flickering flame of teleological pull.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Predictable Pantomimes

Most of life is simply lived.  One engages, works, plans, deliberates, initiates, completes chores, gets up in the morning, goes to bed at night, etc.  Little reflection or thought is required; much of it, like an automaton on a conveyor belt of cursory convenience, requires but mere human movement.

Perhaps in the mythological State of Nature, as described by Rousseau or Locke, the predatory environment creating a necessity of alertness just to survive, required greater cognitive involvement; or, as a corollary, an utopian condition of peace and tranquil coexistence with other forces of nature.  It is when one pauses for a brief moment, reflects, and has a sudden awareness of one’s self in the presence of others, that the very knowledge of acting within the confines and context of “doing”, becomes a consciousness of self-realization.

Self-awareness — that level of consciousness beyond mere recognition of one’s surroundings, but involving a direct acuteness of “being” but simultaneously “being in the world”, is what makes for human uniqueness.

Heidegger tried to describe it through linguistic mechanisms which turned out to be beyond the common realm of understanding or comprehension, and thus became relegated to the esoteric halls of academia.  Sartre and Camus attempted to capture it through fictional depictions, and indeed, it was more the texture of the novel, The Stranger, than the actual words, which came closest to successful conveyance of the experience of the absurd.

For the daily person, medical conditions tend to starkly bring out the reality of the experience.  Medical conditions suddenly reveal one’s vulnerability, and the fragile nature of one’s being.  Mortality becomes a reality beyond mere distance-reflection of some unknown future intent; it becomes the freshness of the now for a being within a body of decay.

For the Federal employee and the U.S. Postal worker who suddenly realizes that life, career, future and the boredom of constancy can be but a moment in time because of an impending medical condition which threatens one’s security and livelihood, 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, becomes a reality of immediacy, precisely because of the urgency of the medical condition upon one’s life and livelihood.

Suddenly, the priority of “being” presents itself.  What one did before the crisis of vulnerability was merely a predictable pantomime; the reality of life and the significance of relationships becomes the true being of living.

Filing for Federal Disability Retirement benefits may seem like a mere act of administrative convenience, but for many, it becomes the avenue of necessity in order to deal with the reality of illness, disability, and medical urgency.  And, as with all aspects of life and being, other predictable pantomimes will become apparent:  the agency’s hostile reaction; the looks of suspicion from others; unfriendly attitudes displayed by coworkers and supervisors; they are all merely actors on a larger stage, but yet to realize that “being” and “being-in-the-world” are one and the same, when tragedies befall and humanity acknowledges the fragile nature of life, like the soft petal from a dying flower which drifts soundlessly upon the earthen dust from which we were born, and to which we return.

Sincerely,

Robert R. McGill, Esquire