Legal Representation for OPM Disability Claims: The double-negative

Does it “tell” more than the positive?  Is the reduction by twice negating words of positive connotation a lesser meaning — a “softer landing approach” — than to declare it with a single positive note?

Thus, when a parent declares to a close friend or neighbor that his or her son or daughter is “not unpopular”, is it not the same as proudly stating, “He is popular”?  Is the double-negative more humble and sound less like bragging?  Is the meaning not unclear, or less unlikely, or not incomprehensible?  Or, what about a triple negative — say, if a person says that he is not not uncomfortable — is it a more polite manner of telling another that he is uncomfortable, but does each negative remove the bluntness of the root word such that the repetition of negation undoes what the foundation of the meaning provides for?

And how did grammar translate from linguistic insularity to real life?  When and how did we learn to speak in such negations?  Is it by stealth or cover-up that grammar reflects upon the negation of words, thus transferring such concealment into the language games we play?  Do we wear sunglasses to hide our eyes from remaining open as the window to our own souls?

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 worker from performing one or more of the essential elements of one’s Federal or Postal job, the application of the double-negative becomes infused in everyday encounters with the workplace — of needing to use Sick Leave in order to attend to one’s health, but trying to appear well at work so that the workplace barely notices; of trying to remain in corners of anonymity despite feeling the need to be “up front” about it; and of appearing to be “healthy” on the outside and yet feeling the dread of hopelessness on the inside.

The double-negative is too often a reflection upon the way we are forced to live, and for the Federal or Postal employee who by necessity must file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, it is a reality that must unfortunately be faced every day.  But filing is important, and making that decision is a crucial one that must be faced — or, in the manner of the double-negative, it is not unimportant to begin the process of filing something as administratively complex as something which is not incomprehensible.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Legal Representation: Confidence games

We all know (or, by a certain age or stature of wisdom, should know) about the psychology behind the scam:  Of gaining one’s confidence by first including one into a select group of people who are “in the know”.

There are two primary senses to the word, aren’t there?  The first being a sense or feeling of self-assurance, as in, “He is very confident in his own abilities.”  The second, and somewhat connected, is the definition pertaining to a relationship of trust and reliance, where there exists or builds upon a sense of camaraderie and intimacy, as in: “He brought me into his confidence.”  In both cases, there develops a relationship of bonded certainty, whether in one’s self or in the connection between two or more individuals.

Thus, the “confidence” games encompass those activities or endeavors that build upon a relationship based upon trust, and engender the hapless victim to possess a sense of self-assurance that what he or she is giving up is of sacrificial value because the trust relied upon has been built on a foundation of friendship, relationships entrusted, and a shared affinity of intimacy exclusive of others.

Thus does the classic confidence game begin in a parking lot where a a cache of money is found and you are roped into becoming a select group within a conspiracy of two, or maybe three, and you are asked to put up a “deposit” of trust — then, when it is all over, you open the bag of money that you were left holding, only to find that it was merely a bundle of newspaper clippings.  Or, of more complex pyramid schemes, ranging from the simple to the incomprehensible, ending up sometimes like Bernie Madoff’s decades-long game of roping in even the most sophisticated of unweary investors.

But then, aren’t we all conditioned from a very early age to believe that “confidence” games are acceptable, and that we get on through life’s difficulties by acting a part?  Don’t we teach kids to “act self-confident”, be self-assured and walk with your head held high and play the “as if” game — as if you know what you are doing; as if you are the best qualified; as if you can have it all?

That is often the veneer we put on, and how thin the veil of confidence can be, only to be shattered like the delicate china that give off the clink-clink of refinement until the first fissure begins to show, then shatters upon the hardness of the world.

For Federal employees and U.S. Postal workers who suffer from a medical condition where the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job — it may be that your self-confidence is beginning to wear off.  As the Federal Agency or the Postal Service steps up its campaign of harassment and intimidation, the Federal or Postal worker has to deal with a double-problem:  The profound fatigue from the medical condition itself (which impacts one’s sense of self-assurance) and concurrently, the loss of self-confidence as one realizes that one’s physical or cognitive capacity to continue in the chosen career is beginning to wane.

We all play the “confidence game” — that of going through life winging it and hoping that no one else notices; but at times, when the “real game” of life suddenly imposes its presence upon us, it is time to become “real”.

For the Federal employee or Postal worker who must face a real-life crisis of confidence because of a medical condition, it may be time to prepare, formulate and file an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, so that the focus of one’s efforts can be redirected upon the greater importance of one’s health and well-being, as opposed to being drawn into the parking lot schemes of further confidence games.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Benefits: The mind’s bookshelf

Entertainment is a peculiar thing in human psychology: happiness accompanies its anticipation, but during the process of “being entertained”, do we recognize our own joy, or are we lost in the suspension of our own inner world while being completely oblivious to the suffering around us?

We toil day in and day out with a singular goal, held by many, to enjoy a period of respite and entertainment — of becoming lost in a movie; of going to a play; of putting headphones on and listening to a favorite song, piece or series of favorites; of pulling from the mind’s bookshelf an episode of imaginative adventures or a wonderland of a dream’s figment.

Entertainment, joy, happiness and contentment are the ingredients of life’s admixture of troubles, trials and turpentine creations in a universe of chocolate-ice-cream-not-quite-right, ups and downs and joining and break-ups; it is a mixed up world where everyone is trying to extract an ounce of pleasure when the last cupful has already been taken.  Then, there is the capacity of the human mind that has just had enough — where too much bombardment of stimuli leads one to withdraw, become reclusive, and seek the solitude of one’s own soliloquy of minds.  It is a rather peculiar concept, is it not?

To withdraw within the mind’s bookshelf — that corner of studied solitude where others cannot share, and only the loneliness of one’s self-induced privacy allows for an entrance and exit to the backrooms of an unlit alcove that is marked “private”, and where no admittance is allowed except by exclusive invitation only.  It is when even the mind’s bookshelf is toppled by the troubled waters of the world that too much stress, too much stimuli and way, way too much intrusiveness begins to overflow.

That is what a medical condition tends to do — for, when it becomes chronic and begins to gnaw at even the privacy of the mind’s bookshelf, then the unbearable nature of one’s condition requires a change.  For Federal and Postal employees who suffer from a medical condition such that the medical condition begins to invade even the privacy of the mind’s bookshelf, it is time to consider 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.

When even the last refuge from life’s turmoil has been invaded and violated — of an inability to attain any restorative sleep; when profound fatigue overwhelms; when chronic pain becomes unrelenting; when one’s focus, concentration and ability to retain even a semblance of cognitive acuity is progressively being lost; then, the inconsistency between one’s essential elements of a position and the medical condition becomes quite clear, and it becomes necessary to file for Federal Disability Retirement benefits.

Joy of life comes from having the key to the mind’s bookshelf, and when that is no longer possible, it is time to file for OPM Disability Retirement.

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 Disability Retirement Representation: The problem perspective

Does “positive thinking” actually work?  Or, is it one of those pithy approaches to life, where the “throwaway” line is used to dismiss unpleasantries and negative influences that might otherwise disprove the obvious — that life is difficult enough without listening to the difficulties of others?  Then, there is the “problem perspective” — of seeing everything as a problem as opposed to a solution or opportunity, and to see the world as a glass half-empty in contradistinction to a half-full universe.

Objectively, of course, both descriptions reflect the same objective reality; the contention is that “how” we view the world (i.e., our subjective perspective upon the world around us) influences the manner in which we approach the objective world in deliberating, solving, resolving, tackling problems, embracing situations, etc.

The “problem perspective” describes a person who sees everything from the vantage point of a problem.  It is all well and good, of course, to speak about having a “positive” frame of mind when things are going well; it is when actual, objective problems and difficulties arise in one’s life, that the “real test” of whether “positive thinking” works comes into question.

Objectively, of course, one could argue that, whether one possesses a “positive” mindset, a “negative” perspective, or a somewhat neutral approach, the outside world (that “noumenal” universe that Kant referred to) cares not a twit about what we “think” (i.e., the phenomenal universe that Kant distinguished — the one that we actually have access to) about it — for, it still exists whether we have a positive, negative or neutral perspective, anyway.

It is when the objective world impinges upon the subjective perspective with an undeniable negation of the positive — as in, a medical condition that debilitates and makes for a painful existence, whether physically or cognitively — that the test of whether a “positive” outlook works, or whether a “negative” perspective makes a difference, tests our daily lives.

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 worker from performing one or more of the essential elements of one’s Federal or Postal job, the approach one takes may indeed make a difference with a real distinction.  Yes, the end of one’s Federal or Postal career may be coming; and, yet, the Federal Agency or the U.S. Postal Service may well move to terminate you based upon your growing inability to perform one or more of the essential elements of your Federal or Postal job.

In the end, such a “problem perspective” is a very real one, and becomes a problem precisely because there is a combination of both the “objective” world (the medical condition itself) and the “subjective” one (what to do about it; the next steps to be taken; the decision to be made, etc.).

Preparing, formulating and filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, may not only be the best “next step” to take — it may be the “only” one in the sense that all other options are undesirable: to stay and suffer; to resign and walk away without doing anything; or to prepare, formulate and file an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management.

In the end, all “problem perspectives” need a positive solution, and preparing, formulating and filing an effective Federal Disability Retirement application is the best and positive solution for a Federal or Postal employee needing to resolve the problem perspective where one’s medical condition no longer allows for the fulfillment of all of the essential elements of one’s Federal or Postal position.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Something happened

Beyond a mundane declaration of befuddlement, it is also the title of a novel by Joseph Heller — his second novel published some 13 years after the successful first one that most people remember him by:  Catch-22.

It lacks the surrealism of the first novel; the absurdity of tragic events unfolding distinguishable from the logical and sequential manner in which we see the world, turned upside down by images of madness countering the reality of the insanity around.  The genre of the absurd — depicted in such movies as “Life is Beautiful” and in works such as Catch-22 — attempts to unveil the underlying insanity beneath the veneer of a world acting as if normalcy abounds.

Other movies that attempt to portray the absurd might include Sophie’s Choice, where the main character (played by Meryl Streep) keeps going back to the comfort of her insane boyfriend because that is the more comfortable reality she knows, having survived the insanity of the Nazi death camps.

But long before the genre of the absurd came to the fore, there was the brilliant short story by Cynthia Ozick entitled, The Shawl, which has been noted for bringing out the horrors of the holocaust through a medium — the short story — that captures the essence of absurdity and the surreal in a mere few dozen pages.  The story is a small bundle that reverberates so powerfully that it overshadows any subsequent attempts at depicting life’s absurdity.

Catch-22 elevated the absurd to a consciousness that brought further self-awareness of the unreality of the real — the Vietnam War — and tried to unravel the insanity amidst a world that tried to explain the event as something logical and sane.

Something Happened —  a book about a character who engages in a rambling stream of consciousness about his childhood, job and family — is perhaps more emblematic about the life most of us live:  seemingly logical, yet interspersed with events, reminiscences and memories that are faulty at best, and far from perfect.  The title itself shows a greater awareness of our befuddlement — of not knowing “what” happened, only that it did, and the inability to control the events that impact our lives.

Medical conditions tend to be of that nature — of an event that we have no control over, and yet, we are aware of its “happening”.  For Federal employees and U.S. Postal workers who have come to realize that something happened — a medical condition; a chronic illness that simply will not go away; a traumatic event that has had residual consequences which are continuing to impact; whatever the “something”, the “happened” part still resides.

Such recognition of the “something” will often necessitate the further recognition that it is now time to prepare, formulate and file an effective Federal Disability Retirement application, to be filed through the U.S. Office of Personnel Management, in order to secure a future that is presently uncertain.

Consult with an experienced attorney who specializes in getting Federal and Postal employees Federal Disability Retirement benefits, and take the necessary steps to ensure that the “something” that “happened” is not one more tragedy in this tragic-comic stream of consciousness we call “life”.

Sincerely,

Robert R. McGill, Esquire