OPM Disability Retirement: This Side of the Graveyard

It begins from the moment of birth and ends only when consciousness recedes into a darkness of a void.   The graveyard is in view the moment life begins, and reminds us of our destination point.

In modernity, of course, more of us scatter the ashes of our beloved after cremation, as opposed to keeping the remnants within a private shrine in our homes.  There is a sense of comfort of connecting to the dead.  Graveyards are not merely plots of earth where tombstones and daffodils abide in the dark of night; rarely visited these days, they remind us of the tenuous nature of our own mortality, and it is this side of the graveyard that reminds us that life is indeed short, and what we do with the limited time we have been given, matters much.

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, always remember that life is not meant to be lived in constant pain and suffering, and this side of the graveyard is a reminder to us that tomorrow is never a guarantee of today’s blessings.

Consult with an OPM Disability Attorney who specializes in FERS Disability Retirement Law, lest living with a deteriorating medical condition brings you nearer to the other side of the graveyard, as opposed to remaining on this side of it for a few more years.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The Difficult Road Ahead

The challenge of the day ahead may not even be known, yet.  It is like the parable of the young man who thought that the day’s challenge was comprised of taking a test that he had barely studied for; upon waking, a tornado crumbled his house and he lost all of his belongings; his fiancé broke up with him and ran off with his best friend; his parents informed him that they were financially ruined and could no longer pay for his tuition; and on top of it all, his dog and only remaining friend ran off with his now ex-fiance, preferring her company to his.

But that he could have seen the difficult road ahead as merely the test-taking task; reality was much harsher than the imagined problems, and yet his imagination and worry about the test for which he was unprepared caused greater damage by robbing him that morning of a sense of peace.

Now, take the counter-parable: The same young man, but he woke up worrying about potential calamities that might occur: Maybe his fiancé didn’t really love him and would run away with his best friend; perhaps his parents will encounter financial difficulties and leave him penniless; it could turn out that a tornado could hit his town and destroy everything; and what if his dog ran off, never to return again?

None of these events happened, and he got up early, studied for his test some more, and performed adequately.  Yet again, however, the worries he worried about — although none came to fruition — did greater damage to his health than the reality of what actually occurred.

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 his Federal or Postal job, the difficult road ahead is comprised of a number of factors: One’s medical condition; the incompatibility between the medical condition and the Federal or Postal job; and whether or not the Agency or the Postal Service can accommodate you.  Let’s not worry about things that may or may not happen, but attend first to the things that are actually occurring.

Consult with a FERS Disability Attorney who specializes in Federal Disability Retirement Law and map out a realistic strategy in dealing with the real problems on the difficult road ahead.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Employees: Figuring it all out

We all try and do it.  Somehow, pride’s fall and the fool’s failure arrives by way of the solitary figure trying to go it alone.  Friendship never had a chance, and the neighbor’s mended fences never allowed for any conversation of depth beyond the wave of the hand or the occasional “hello, how are you” — punctuated by a quick about-face and racing with terror into the sanctuary of one’s home.

Figuring it all out on our own; walking about mulling over, obsessing into and turning it over and over, again and again; whatever the “it” is, that is where the focus of our attentions gain the greater amount of time and wasted efforts.

What is the “process” of “figuring it all out”?  Do we ask others — experts, perhaps, in respective fields where a lifetime of devotion to details has been contributed to and energy expended for — or do we just begin trolling the Internet and various websites, hoping that unsourced and unreferenced information “out there” will provide answers to questions of which we know not what to ask?

In modernity, where “facts” have now been conflated with unverified opinions, and where truth and falsity are all relative and justified as on an equivalency of values, it has become dangerous to “figure it all out” without some rational basis, some inception-point of a reference where even a remote semblance of simplified questions-and-answers can be gotten.

Life is complex as it is; trying to figure it all out can make the complex into a conundrum; and further, we must always come back to the age-old question:  It all depends upon what the “it” is (as opposed to what the meaning of “is” is), doesn’t it?

Fortunately, for Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition is beginning to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job — figuring it all out can, and should, begin with previewing and perusing “The Law” governing Federal Disability Retirement.

However, as there is much information — and misinformation — “out there”, be careful in believing what sources to rely upon, as there are many bumps and pitfalls in Federal Disability Retirement Law.  Consult with an attorney who specializes in Federal Disability Retirement Law; don’t try and “figure it all out” on your own, as it is an unnecessary and misdirected misadventure.

Only in the movies is it acceptable to “go rogue”; in real life, consulting with an expert is the best way to prepare, formulate and file an effective Federal Disability Retirement application, whether you are under FERS, CSRS or CSRS Offset.

Sincerely,

Robert R. McGill, Esquire

 

OPM Retirement for Mental or Physical Incapacity: Perilous times

It can refer to the particular or the general, interchangeably almost without thought.  To refer to these “perilous times” is to ascribe to a particular period, an epoch or an era, an acknowledgment that the surrounding days and months are unique from all other timeframes of perceived dangers and tumultuous upheavals.  Or, it can be quite personal — where one describes specific circumstances concerning one’s own life, one’s situation and the peculiarities of a life otherwise undisturbed by circumstances that stand out.

There is that expansive “we” form that can distinguish between the particular and the general, as in, “We live in perilous times.”  Or, one can personalize it and declare to a friend in confidence, “I live in a state of peril” or “My life reflects these perilous times.”  The latter, of course, implies both the particular and the general by including not only the personal aspect of one’s upheaval but the generality of the historical context within which we all walk about.  Perilous times, indeed.

Medical conditions tend to specifically impact individuals in this way — for, in the particular, it hits upon us as a crisis of quality.  How we have lived; the lifestyle we have chosen; the priorities of what constitutes “worthiness”; all of these are challenged by a medical condition that begins to insidiously eat away at our body, our mind, our spirit.

Whether by intrusion of pain or something within us that no longer “works” normally; of private functions that have become worn out, or perhaps it is the memory, mental capacity or ability to cope with daily stresses; but of whatever origin or outcome, we look about for cures and comfort and often find none but some palliative form in a pill or a surgery that fails to correct.  Times become perilous because of circumstances beyond our control.

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 or Postal job, perilous times often require perilous choices, and preparing, formulating and filing 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, becomes a necessary next step in attempting to forestall the inevitable results of these very times that we deem to be perilous, whether in a particular sense or in a more generalized historical context.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation OPM Disability Retirement: Perspective versus reality

One may counter that the contrast is no different than that which we encounter daily, especially in this universe of millennials and post-millennial era – of opinion versus fact, or truth versus falsehood (and now the new one, of “news” versus “fake news” or “facts” versus “alternative facts”).  But “perspective” versus “reality” has some subtle nuances that need to be explicated.  For one thing, one’s perspective may be identical to the reality one possesses a perspective upon; or, more likely, it is merely an interpretation that may differ from someone else’s.

One could, of course, argue that all of reality is merely a perspective, and this would comport with the Kantian view that our phenomenological experiences can never depict the “noumenal” universe (Kant’s verbiage) that is outside of the categorical impositions of our human make-up, and that therefore the human perspective is something that cannot be avoided, anymore than a dog’s perspective can be assumed or challenged, or a bat’s perspective (refer to Thomas Nagel on that) would be understood or comprehended by a human’s perspective.

In other words, we can never completely disown the perspective imposed by the innate structures of our own “kind”, and thus it may be an error to ever represent a contrast between “perspective” and “reality” (thus the misnomer of the title above, “Perspective versus reality”), but should always encompass and embrace a commensurate connection of “Perspective of reality” (a consonance of the two) or “Perspective and reality” (a conjoining compatibility of both).

Yet, we know that certain people interpret things differently from what we believe constitutes an accurate portrayal of “reality”.  However, so long as we stay within certain confines of accepted normative interpretations, we rarely contest or openly disagree with alternative depictions, unless it is to obtain a consensus that somehow disproves the validity of the other’s portrayal (i.e., “Yes, but John, Joe and May agree with me”, as if quantification of perspectives somehow diminishes the accuracy of another’s; as opposed to saying, “Well, Copernicus thought otherwise while the rest of the world continued to maintain a geocentric perspective of the universe” – unless, of course, you are ignoring the “rest of the world” to include China, Japan, etc.),

Yet, there are factors that have to be considered when discussing the distinction between “perspective” and “reality”, and one of them often involves medical conditions – an element of reality that often skewers perspective.  That is why, for a Federal or Postal employee who is 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 importance of relying upon accurate information, good and sound legal advice, and a straight and narrow path towards a successful outcome with the U.S. Office of Personnel Management (no matter the length of time it may take these days), is important.

For, medical conditions will often alter the perspective of an individual as to the reality of one’s situation, and so it is an “outside” source (the medical condition itself) which needs a counterbalancing force (otherwise referred to as an “objective” advocate, i.e., a lawyer) in order to present an effective, objective, persuasive representative in order to “re-present” the perspective of the Federal Disability Retirement applicant.  Thus, in short, it is a perspective versus reality issue, and thus not entirely a misnomer as previously stated.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Casuistry and Sophistry

It is often used to described “applied” ethics — that branch of moral questioning which evaluates and analyzes an actual case, as opposed to a theoretical artifice constructed for purely pedagogic purposes, devoid of flesh and substantive import.  No longer constrained by the ivory tower of hypothetical unversality, and thus vacuous of feeling, real empathy and true relationships, casuistry naturally devolves into sophistry, where self-interested motives become ensconced.

Devolution denotes a denigration of sorts; such a statement is not deliberate in its alliterative force, but an antidotal utterance in contrast to the Dawinian consort of progressive genetic advancement; and it is precisely because self-interest betrays itself in such instances, by attempting to justify the very basis of its validity in a flawed methodological argumentation.

Sophistry, of course, connotes bad logic; moreover, it often implies a deliberate self-knowledge of utilization of such flawed rationale, despite “knowing better”, precisely because the debater wants to conceal the self-interested motive by engaging in a cover-up by effusive elongations of elaborate textiles of tactless show-boating housed in linguistic gymnastics of confounding conundrums.

Russell was good at this; Wittgenstein, better; and Heidegger the ever superior in concealment of his underlying Third Reich connections.  It is, indeed, difficult to demarcate the two; for it is casuistry which necessarily devolves into sophistry, and sophistry forming the foundational basis of casuistry; but as to which came first, the chicken or the egg, one can only guess at.

When self-interested motivations are involved, where justification of actions cannot be bifurcated from the involvement of the personal pronoun, the devolution of antagonism by self-preservation into anarchy for protective reasons will naturally follow.  Can an individual separate the underlying insinuation of self-interestedness from a discussion involving one’s self, if the outcome will impact the life, livelihood and living circumstances involved?  Perhaps.  But unlikely, and rare in its substantive occurrence.  For, the very conceptual constructs involved are oxymoronic at best, and blatantly self-contradictory, at worst.

To maintain integrity where self-interested motivations follow, and then to engage in valid logical argumentation devoid of a devolved sense of self, is a high price to pay, and a higher standard to bear.

For Federal employees and U.S. Postal workers who must prepare, formulate and 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, this conundrum is indeed the flashpoint of being able to prepare such an effective Federal Disability Retirement application.  For, it is precisely the “self” which must be discussed, the “I” which by necessity be inserted, into the discussion of attempting to justify the nexus between one’s medical condition and the inability to perform one or more of the essential elements of one’s Federal or Postal positional duties.

In doing so, an expansive delineation must be posited on SF 3112A, where by a preponderance of the evidence, the Federal or Postal employee must prove the formulated connection between the medical condition and the inability to perform one or more of the essential elements of the job.  In doing so, take care to guard against a casuistic argument devolving into a sophistry of incalculable innuendo of self-interested flaws.  It is the hubris of man, as Shakespeare always reveals throughout his tragedies.

Sincerely,

Robert R. McGill, Esquire