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 & Postal Employee Disability Retirement: Fathoms and farthings

They are words seldom used by ordinary people, and are instead found within contexts now of limited usage except by reference to anachronistic novels and reference manuals, or perhaps in sea-faring settings where such terms are related to between seasoned old-timers in the field.

The former term refers to the unit of measurement for the depth of the ocean’s topography; the latter, a unit of currency so small as to have become obsolete by now with the inflationary course of history having relegated such amounts to irrelevancy, and ceasing to be recognized as legal tender by 1960.  Besides, it was a “foreign” currency as well, and was not a currency used in current usage within recognizable current vintage, anyway (yes, yes, a bad attempt at alliteration and a play on words).

What do they have in common?  They both measure a unit of X, of course; they are also words that have “meaning” only within certain contexts, whether of specialized oceanographic particularization or, as to the latter, within a historical context if one were writing a play, screenplay, novel or short story that included anywhere from the Victorian to the Elizabethan periods.  It is a reminder to us all that words come in and out of “meaning” and relevance based upon the context given and recognized.

Language games”, as the term Wittgenstein ascribed, retain their relevance and applicability depending upon the context of the usage adopted.

It is no different when preparing, formulating and filing an effective Federal Disability Retirement application by a Federal or Postal employee, to be submitted through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  Suddenly, the Federal or Postal employee is thrown into a “language game” that has been ongoing for decades, but is new to the Federal or Postal employee who must prepare an effective Federal Disability Retirement application.

Such terms as “The Bruner Presumption”, “viable accommodation attempts”, “Persuasive legal effect of other disability ratings,” etc., come into play.  Yes, you may be able to research and understand some of the terms, but the particularization and the anachronism of such terms may come back to haunt you unless you, as the Federal or Postal employee trying to submit an effective Federal Disability Retirement application, can fully comprehend the specialized nature of this complex process called Federal Disability Retirement.

For, like fathoms and farthings, it may be best to consult an attorney who has a long experience with such terms and usage in order to better heighten the chances of a First Stage Approval from OPM.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The Habit

No, this is not about that peculiar creature that Tolkien created who used to rule the earth but now hides in little dirt hutches in the deep recesses of forests (don’t all children and adults who have read his works believe in their heart of hearts that Hobbits still exist, and we just don’t see them?); rather, this, too, is a creature of sorts, just not the imaginary creation that gave joy to so many.

How is it that we come to learn it?  Is there a numerical value that must be first ascribed before the regularity of X becomes a Habit-Y?  What constitutes a definition of the repetition, and how is it learned, as opposed to unlearning certain types of constancies?  Is there a numerical value that further transforms a habit into an obsession, and where is the dividing line and what demarcates the distinction we thus impose?

If a dog, each morning upon the awakening by an alarm clock set by his master, rolls onto his back and waits until he gets a nice tummy-rub, and never deters or detours from such a habit, can he, too, unlearn it?  Is a habit, moreover, merely a settled tendency, such that the rest of those around may expect it to occur, but when it does not, is not necessarily a surprise or a disappointment, but a mere reliance that “normally” occurs but is not mandated by a turn to another direction?  When the expectation does not come to fruition, do we simply say, “Well, normally it is his habit, but perhaps he changed his mind”?

Kant, for instance, was known to take his walk at a specific time, and it was said of him that the townspeople set their watches against his daily routine and habit.  Does not that sound more like an obsession?  Is the difference one where there is greater ease to “break” the regularity, whereas an obsession is where such a tendency cannot, and is no longer a “voluntary” act?

Additionally, is there a difference with a distinction between a “habit”, a “ritual” and an “obsession”?  Or, is there no clear line of bifurcation (or is it “trifurcation”?), but the lines can cross over easily – as in, when we engage in a habit, sometimes there are rituals that are performed – washing one’s hands in the same way as always; combing one’s hair a set number of strokes; skipping over a particular crack in the sidewalk on the way home; and are rituals merely of greater intensity with obsession than with a habit?

And what of necessities that arise?  Such as filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management for Federal and Postal employees – do people not file because their “habits” are entrenched in a belief-system that one must just “buck up” and ignore the warning signs of a medical condition that continues to deteriorate and progressively debilitate?  When do habits stand in the way of doing that which is “reasonable” under the circumstances?

Here is a thought: For Federal and Postal employees suffering from a medical condition, such that the medical condition prevents the Federal or Postal employee from performing all of the essential elements of the Federal or Postal job, let not habit become an obsession, and instead, allow for the rituals of life to free you from the habitual obsession of ritualistic redundancy, and instead, begin preparing an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The furrowed face

Does the palm reader tell from lines deepened and extended by time, or in the creases of birth and predetermined fate?  Do the ruts and chasms criss-crossing like doodling designs created by a madman mixing a cauldron of witch’s brew depend upon fate already set, or can the future be altered by choices one foresees?  And what of the face — the creases around one’s mouth, the ruts above the furrowed brow, or the fine filaments of timeless cuts around the eyes; do they tell a story of joy and promise, or of sadness and sorrow?

The furrowed face is but a moment’s expression; it is rather the corrugated painting, forever captured in the stitch of life’s experiences, which lasts in timeless bottles of floating memories, like butterflies caught in a web of deception where promises of boundless expectations and revelations of hope as sung from the loving tongues of mothers dreaming of tomorrow’s future for children yet unborn.

Time, experience, and confrontations of life tend to deepen the furrowed face of age.  As do medical conditions.  It is when the tripartite combination coalesces, that decisions need to be made, lest extinguishment of life become the goal of sorrow.  For, when a medical condition comes to the fore, it impacts one’s capacity and ability; when capacity and ability become impacted, then one’s work suffers; and when one’s work begins to suffer, the notice of employers, coworkers, and the Federal agency or the U.S. Postal Service begins to turn on its engine of harassment and adversarial modalities of meddlesome trickery.

Federal agencies and the U.S. Postal Service care not whether the ruts and grooves of the furrowed face deepen by the actions of an uncaring bureaucracy.

As Americans spend billions each year on health care and cosmetic products to enhance beauty and delay the inevitable lines of age, so it is often the best medicine to alter the predetermined fate of time by considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, when the furrowed face of life requires such a step.  Adulthood rarely spares any of us from the deep ruts of facial scars; and when there is a “baby face” in middle age, it often reflects deeper chasms and valleys within the psyche, where hidden traumas are screaming to be let out.

Federal and Postal employees who face the problems of work because of a medical condition have the option of filing for Federal Disability Retirement benefits through OPM, and begin planning for another stage of one’s life in the private sector.  Not everyone has such an option or an opportunity in the face of a medical condition which robs the Federal or Postal worker from continuing in one’s chosen career, but OPM Disability Retirement is that rare benefit which allows for further employment while receiving an annuity.

In that sense, the furrowed face need not be the last and frozen picture of a person’s future, and the palm reader may yet be tentative in predicting the final chapter of one’s life.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Disability Retirement: The Quiet Corridors of Shame

“Shame regards the world as virtue delights by advances, whereas the blushing eyes rustle past quietly in the night.”  Such adages, at one time or another in the history of words, linguistic battles, and pendulum tensions of behavior accepted and acceptable; moral turpitudes unconcealed and depiction of baseness meaningfully displayed; and so it goes, as standards crumble away and societal scorn diminutively dissipates with each passing day.

It was Mark Twain who quipped that Man is the only animal that blushes — or needs to.  But with the advent of the Internet, where Facebook and its corollary links (or, perhaps another way to describe them, as “co-conspirators”) reveal all, and everyone has bought into the idea that all things private can remain so by plastering everything in a public way, and Orwell’s contribution in his novel, 1984, is comparatively naive by standards of modernity.  Some would say that expungement of stigma and marks of unacceptable behavior have merely shifted and found replacements; regardless, it is always the people who shuffle in silence through the corridors of shame that have to live with the consequences.

For Federal employees and U.S. Postal workers who are daily harassed and intimidated because of the vestiges and residuals of the medical conditions which prevent the performance of one or more of the essential elements of one’s positional duties in the Federal workforce or with the U.S. Postal Service, the dire targeting like the days of Darwin’s descriptive accounts of evolutionary forces aggregating for greater genetic survivability, lives today and in steady, vibrant form.

For U.S. Government employees who suffer from medical conditions, the old standards of empathy, concern, accommodation and neighborliness are not the exclusive societal inputs which are applied.  Rather, it is harassment, intimidation, scorn and impatience — those very vices which were publicly decried but privately reserved.

Federal employees and U.S. Postal workers are mere targets and fodder for the brute force of environmental determination.  For those Federal employees and U.S. Postal workers who feel the brunt of Darwinian interludes, preparing, formulating and 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 the proper course to take, the “manageable” route to travel, and often the only exit to follow.

Otherwise, the targeted Federal or Postal employee will merely continue to shuffle quietly down the corridors of shame, despite such vestiges allegedly having been made inconsequential by the political correctness of our times.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government Employment: Byzantine Iconoclasm & Compromise

It was a period in history when religious images and icons were considered heretical.  It resulted not merely in the rejection of new such images, but in the active and aggressive destruction of venerated art, sculptures, etc., and the persecution of those who created or owned them.  The term itself has come to represent an unyielding, irrational stance, unmoved by rational discourse, and even more to the point, aggressive in stamping out all opposition.

“Compromise”, on the other hand, has come to represent the ability and capacity to accept something other than the original starting points of two or more conflicting views, victims or vantage vats; for some, it reflects weakness and meekness in the willingness to capitulate beyond principles, setting aside cherished beliefs for the sake of concession and agreement.

What happens when an individual possesses the personality characteristics of an iconoclast, but circumstances dictate flexibility for compromise? Beliefs are great to have; that, and a dime, won’t even buy a cup of coffee, anymore, and it is this conflict which often arises which tempers the spirit of human pursuit and happiness of infernal contentment.

For Federal employees and U.S. Postal Workers who suffer from a medical condition, where the medical condition impacts one’s capacity and ability to perform all of the essential elements of one’s positional duties, the internal conflict between enduring the pain and turmoil of one’s medical condition, and the need to keep one’s commitment to family, employment and self-sacrifice, come to the fore, and is often reflective of the historical clash and intersecting conflict between Byzantine Iconoclasm and Compromise.

We often think that our own situation, in its microcosmic relevance, has never been known, unlikely to have been experienced, and stranger than fiction of verse.  But as Aristotle often notes in observing the physical universe, there is a “substratum” concealed by the elements merely seen by the observing eye, which continues on imperceptibly whether we know it or not; and for humans, that underlying unchangeableness falls under the generic aegis of the “human condition“.

Often, changing circumstances require a fresh perspective and a willingness to re-prioritize our lives.  For the Federal employee and U.S. Postal worker who must face the very-real prospect of a change in career and future goals because of a medical condition, the first order of priority must be one’s health and attending to his or her ongoing medical condition.

Once that has been established, then one must ask, Is continuing on in the same way — like the Byzantine iconoclast of yesteryear — impacting my health?  If the answer is a truthful, “Yes”, then one must consider preparing, formulating and filing for Federal Disability Retirement through the U.S. Office of Personnel Management, in order to attain a state of circumstances where one’s health is not progressively being destroyed by one’s employment.  For, in the end, compromise from a prior set of circumstances is not indicative of weakness or concession of principles; it is merely to embrace the wisdom of ages long ago lost, and to recognize that those images destroyed in the fervor of Byzantine Iconoclasm never extinguished the true essence of religious belief, but merely the product of human creativity in service to the principles of beauty and art.

Sincerely,

Robert R. McGill, Esquire