FERS Disability Retirement Benefits: Human Nature

There are other “natures”, of course — of a dog’s or a cat’s; or of a vulture’s, and perhaps of lower order species which we barely give notice to: of spiders (except when they crawl near to us), mice, grasshoppers and frogs.  For species we deem to be less intelligent or possessing the capacity for “free will” (i.e., making decisions and performing acts outside of a predetermined view of what they are “supposed to do”), we tend to have an opinion of, “X does Y because that is the nature of X to do Y”.

Thus, when we read about a traveler who went to a game reserve and got mauled by a lion whom the traveler thought — just a moment before —was “friendly” enough to approach and take a close-up picture of, we shake our heads at the fact that the individual ignored the clear and visible sign which read: “Caution —Do NOT leave your vehicle. Dangerous Animals” or some similar preemptive warning.

Then, of course, there is “our” nature — of Human Nature.  What is it?  We are an animal species which is able to adapt, possess the talent for a thousand things but remain mediocre in all of them.  We cannot run as fast as a cheetah, nor have the ferocity of a lion; we cannot fly like the birds, nor have the venomous bite of a snake.  Yet, we can build cars which can outrace a cheetah, create weapons that do greater damage than a lion’s claws; we can build airplanes that travel greater distances than birds and manufacture bullets that pierce flesh beyond what a snake can deliver.

Of course, we like to think of “human nature” as being, as Aristotle would put it, “rational” first, and vicious somewhere down at the bottom of the list.  But wars, the devastating trails of what we leave behind — they attest more about Human Nature than our rationality.

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, the issue of Human Nature as one comprised of cruelty, retribution and back-stabbing is probably not a surprise.  As your medical conditions worsen, you may have noticed a lack of empathy and a growing sense of animosity and contentiousness from your Agency or the Postal Service.

Chalk it up to “Human Nature” and the capacity of human beings for lack of qualities which — while we may like to think of as comprising the essence of humanity — comes out at the worst of times.

Consider, at such a point, whether filing for Federal Disability Retirement might not be the best option available, and consult with a FERS Attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Government Employees: Authentication

There is a process and means by which it is accomplished — as in authenticating a painting or an antique piece of furniture, jewelry, etc.; of an autograph or handwritten letter (although, many will say that in the field of forensic sciences, handwritten analysis is far from reaching a vaunted level of precision or reliability); of a pet’s pedigree or even of a person’s right to have access to sensitive information, etc.

Authentication is thus a process of verification, of identifying X as being Not-Y in many instances, where exclusion by elimination of other possibilities results in the declaration of the genuineness of the person or thing declared to be so.

When applied to an object, it inspects and compares against other objects within a historical context, style, peculiar features of an artisan’s eccentricities, period-characteristics and signature features, etc.  When applied to an individual, it may take into account physical features as well (appearance; finger prints; voice matching; DNA sample, etc.), but could also encompass questions posed and answers given, and depending upon the comparison to known archives of historical background checks made against statements previously provided, deem that an “authentication” has been reached concerning the “true” identity of an individual, akin to declaring that a painting previously unverified is in fact a product of this or that “Master”, or that an antique furniture piece was the craftsmanship of some famous cabinetmaker during the Jeffersonian Renaissance period or from some pop-culture minimalist timeframe during the early Sixties, etc.

The process of “authentication”, of course, can be distinguished from whether or not an individual is living an “authentic life”, as well, and here, the meanings become somewhat muddled and divided.  One can be “authenticated” and be allowed access to sensitive banking information, be allowed to use a credit card, write a check, etc., and still live an inauthentic life (e.g., act like someone you are not, present yourself as a “family man” despite all the while committing multiple affairs; live a double or triple or even a quadruple life and deceive everyone around, etc.).

The process in reaching a conclusion as to whether a person is living an authentic or inauthentic life is somewhat different from “authenticating” a person.  For, to engage in the former analysis, it is normally done for the most part as a self-analysis (i.e., only the person who is living an inauthentic life can know for certain whether it is so or not), whereas the methodology imposed of “authenticating” a period-piece or an individual (the latter) is by applying a more objective standard of comparative review.

For the Federal or Postal employee who is suffering from a medical condition, where the medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, the dual issues of “authentication” and “authentic living” come to the fore, precisely because the Federal or Postal employee becomes forced into behaving in rather inauthentic ways.

Hiding the medical condition; trying desperately to work through the debilitating symptoms and maintaining an appearance of normalcy; and all the while trying to force a consistency between one’s capacity and the watchful eyes of the Federal Agency or the Postal Service — these are the elements that challenge the authenticity of one’s life.

Living an authentic life under normal circumstances is difficult enough; trying to authenticate one’s capacity to continue “as is” in the face of a progressively deteriorating medical condition makes it all the more challenging.  It may be that preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is the only way forward in forging an authentic pathway away from an inauthentic morass that the medical condition has forced upon you.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Nascent knowledge

At what point does nascence become a maturity of device?  Is it linear time, or merely to exist within a pendulum of boredom where thoughts have moved on to other matters?  Youth, in general, is expected to engage in folly; but of nascent knowledge, where the appended concept of the latter connotes an established fact, a truism tested, and a hypothesis verified – but yet to be tested by time-worn principles and assimilated into the cauldron of society’s greater mixture of things working, defects allowable, and warts acknowledged as harmless.

For, newness itself should not be a basis for permanency of status, and as knowledge cannot be verified until tested, so nascent knowledge is the dangerous of all because it combines the defiance of dual categories:  Because it is new, it has not yet been tested; because it is “knowledge” unassimilated within the paradigms of commensurability like tectonic plates shifting to see what fits and what cannot be accommodated, so the lack of verification makes it that much more suspect.  Yet, we celebrate nascent knowledge “as if” the preceding announcement itself is as exciting as the introduction of a product advertised.

Don’t you miss those days of gangsters and badlands, when cell phones and close circuitry of images were missing, such that the detectives had to actually pursue the criminals?  Now, much of criminal investigation is reviewing of forensic evidence, and avoidance of conviction entails attacking the science of DNA analysis and the credentials of scientific application.

We have allowed for leaps and bounds over pauses of reflection, and never can we expect someone to evaluate and analyze an innovation and declare, “No, it just isn’t going to fit into the greater paradigm of our society”.  Why is that?  Is it because all souls are up for sale, and anything and everything that is deemed “new” becomes by definition that which is desirable and acceptable?  Or, is it merely a matter of economics, that the survival of a company or product is based upon the announcement of a more recent version, and vintage of merchandise is left for those with nostalgic tendencies, old fogies who lack the vibrancy of youth and the cult of newness?  That is, of course, where law and society clash; for, in law, the reliance upon constancy and precedent of legal opinions weigh heavily upon the judgment of current and future cases.

For the Federal employee or U.S. Postal worker who needs to file 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, the acceptance of nascent knowledge should include the medical condition, the current circumstances, and the present impact upon the Federal or Postal employee’s job elements.  But as to nascent knowledge involving cases past and statutory interpretations of yore?

Those are the very basis upon which law operates, and for which nascent knowledge is anything but a folly untried and unintended for future use.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Skewed Perspectives

Static constancy is never a certainty; even those things which we would bet our lives upon, change with the cultural winds of time.

Sports phenomena we once marveled at, now considered to be “immoral” to view as entertainment, as voluntary brutality and concussions resulting therefrom reflect our relative lack of empathy and humanity; the ravages of time and the images of heroes in old age who totter between dementia and decrepit shadows of a hollow former self; do we see in them the future of ourselves, and fear that if we applaud such former feats of gymnastic fluidity and beauty of ballet, we may end up like them in nursing homes smelling of formaldehyde?

Or is it that the disharmony between what we remember of their once-favored status conflicts with our image of civility and symphony of time?  Football and boxing, like the old Roman coliseums of yesteryear, will they fade into the passing glories as gladiators and spectacles of public hangings once foreshadowed?  Or, is it that cultural values change, are malleable, and shift with the tides of opinions and public shame?

That is the macro scale of life in America; on the micro scale of things, medical conditions tend to do the same thing:  the change in one’s personal universe, the outlook upon perspectives once maintained, they all bend like the proverbial willows of rustling prairies, where the arctic blast which pushes the rogue bison to seek the protection of the wandering herd bellows from harkened cries of alarm to survive.

Life is rarely as bad as we feel, and never as good as we imagine; that is a truism which allows for the maintenance of the balanced perspective.  Loss of constancy and stability often follows from a trauma unwanted and unasked for; the Federal employee and U.S. Postal worker who suffers from a medical condition must suddenly suffer the fool for society’s uncaring ways.  The potential loss of job; the ostracized Federal or Postal worker — not through fault or inaction, but merely because one has been hit with the misfortune of a medical condition.

Again, is the treatment rendered because the Federal agency or the U.S. Postal Service sees such an individual as a threat, as acceptance and embracing of such a condition would mean that everyone affirms the future of one’s own fragile and delicate universe?

For the Federal and Postal worker who suffers from a medical condition, the solution remaining is often to prepare, formulate and file an effective Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset.

It is not that, given half-a-chance, you wouldn’t be able to continue performing in the career of your choice; you would.  It is that, if the agency or the U.S. Postal Service were to attempt to accommodate you, or to provide leeway and reveal a level of compassion and empathy, then it would mean an admission of the deep-seated fears and open the proverbial floodgates of doubt and error.

To embrace the disabled work on the micro scale of life, would be to admit to the callous nature of one’s being on the macro level of culture; football, boxing, gladiators of yore, and the shunning of disabled workers are all likened to the populous who once suffered the ostracizing disease of leprosy.  Skewed perspectives, indeed, as culture never follows the linear path of legitimacy, but drags people screaming and kicking despite themselves.

In the end, one must act beyond mere perspectives, and for the Federal and Postal worker who suffers 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 positional duties, the pragmatic step in preparing an effective Federal Disability Retirement application is the singular act of courage to step beyond the macro-skewed perspective of cultural malleability, and to assert one’s right to attain that level of security on the micro path of viability, as those gladiators of yesteryear failed to conquer.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement through OPM: Major Depressive Disorder

The Internet allows for everyone to have access to information; what it does not do, is to methodologically assure the sequencing of accuracy, legitimacy, or even of relevance in the wide dissemination of “it”.  One thing is clear, however; the society as a whole has changed; but whether such alteration of human interaction has been a positive ingredient, or one which will have lasting determinants of destructive tendencies, only time will tell.

The pendulum of history swings widely and with slow, deliberative force; years ago, there was a time when the hint of psychiatric conditions resulted in the shunning of individuals; the taboo of Freudian caricatures still resided, and acceptance of its legitimacy still questioned.  Today, there is acceptance, yes, but ignorance is never erased, and pervasive opinions amounting to a level of ridicule seems to insidiously creep in, of a perspective that as every other person on the street is on prozac or some form of psychotropic medication, so the ancillary consequence of that is to denigrate the seriousness of a clinically diagnosed psychiatric condition.  If everything is something, then all somethings becomes nothing, as all somethings become equalized in the morass of everything-ness.

For Federal employees and U.S. Postal workers who suffer from Major Depressive Disorder (or a combination of that, as well as other psychiatric disorders which often link to, accompany and present co-occurrences), the lack of understanding or empathy by coworkers, and suspicions created in the workplace, become palpable.

We like to think that society has progressed to a point of an evolutionary pinnacle, but the fact is that as more information is disseminated and made available, the loss of esotericism seems to have a negative impact.  Encounters often unveil the ignorance of societal biases:  most people still hold on to the view that, if only you “pulled yourself up by the bootstraps”, that somehow you can overcome your sadness and state of malaise.  But the clinical diagnosis of Major Depressive Disorder is nothing like that (with attendant co-diagnoses, often, of Generalized Anxiety Disorder, Panic Disorder, etc.).

It is a malaise beyond mere episodic sadness; with overwhelming loss of value of life, and of uncontrollable sense of hopelessness and helplessness.  It is, for Federal and Postal workers, a legitimate basis for filing a 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.

Whatever those busybody neighbors have said or not; of those inconsequential cracks by coworkers or ignoramuses; the fact is, Major Depressive Disorder is a serious psychiatric condition of epic proportions, and one which debilitates an individual.  But there is a conceptual distinction, as always, to be made between having a medical condition, and proving that medical condition to OPM in an effective Federal Disability Retirement application.

It is the latter which must be considered when preparing, formulating and filing for OPM Medical Retirement; as to the former, continued treatment with pharmacologic and therapeutic intervention is the favored path, and never to fret alone in the abyss of one’s own wisdom.

Sincerely,

Robert R. McGill, Esquire