FERS & CSRS Disability Retirement for Federal Employees: Broken Promises

It is a surprise that we are constantly surprised by them.  Why should we be?  Do we elevate man to such a pinnacle of virtue as the angels who look down upon us with remorseful eyes?  Are there more of them today, like shattered mirrors or destroyed lives littering the highways of hopeful futures stretching out into a path of devastated backdrops in the history of unknown commoners who lay quietly in the tombs that speak not but in haunting whispers in muted graveyards long abandoned with the silence of church bells that no longer toll?

Promises are but linguistic constructs that are controlled by the good intentions of those who make them, and restricted by the constraints of social virtues that no longer exist, have been modified, disavowed and have now been deemed archaic in this modernity of relative moral standards.

Once upon a time (or so the fairytale goes), a handshake, a nod, a single word without the written confirmation, the 10-page fax to declare a deal made, or the fine-print of agreements incomprehensible – they constituted the affirmation of man’s purity of intent, motivation and virtuous underbelly unseen but for the flight of angels touching and tugging upon our conscience when evil forces attempted to lead us astray.

Now, we have found the power of linguistic elasticity.  It is no longer a “lie”, and perhaps it was always known, just as Eve realized the cunning of justification, persuasive argumentation and methodological coercion; no, broken promises no longer exist – instead, it is a mutual “misunderstanding”, failure of minds to meet, or just plain wrong-headedness on the part of the one who relied upon a promise made.

No one really believes anyone else’s handshake, anymore – and, in any event, who shakes hands these days?  What can it mean but a mere vestige of an arcane eccentricity that needs be relegated to those rustic movies where granddad and obscure relatives and neighbors would jump from frame-to-frame in old movies where a wave to the camera was the memorabilia to preserve, now replaced by thousands of Selfies stored in electronic devices neither for posterity nor discretion of family enjoyment, but for self-aggrandizement and public display for prurient intentions.

Like granddad’s smile that once reassured as the solid Rock of Gibraltar, promises don’t mean anything, anymore.

For Federal employees and U.S. Postal workers who think that assurances of accommodating medical conditions because, somehow, laws are in place that provide for that, think about it for a moment:  Without the laws, would a promise mean anything?  Further, do the laws really protect, or are they also just linguistic modalities easily manipulated?  Fortunately, however, laws can work both ways, and Federal Disability Retirement Law operates in favor of Federal and Postal employees with a standard of proof geared towards an approval – of a preponderance of the evidence.

No, the promises made by Federal agencies and the U.S. Postal Service may not amount to much, and the heap of junk piles left behind by broken promises may litter the once-beautiful landscape of arcane handshakes in years past, but the availability of filing for Federal Disability Retirement benefits remains a reality for those Federal employees and U.S. Postal workers who find that there is now an incompatibility between one’s medical conditions and the performance of one’s essential elements of the Federal or Postal job.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Avoiding the repetitive in a narrative

Why do we believe that adding the repetition of words, especially adverbs, will create a compelling narrative?  If you ascribe an adjective to an object, then ad an adverb – say, “very” – does repeating and inserting another magnify the significance of the narrative itself, or detract by placing a grammatical marker by bringing attention that the very necessity of the addition undermines the efficacy of the noun to which all of the additions point to, in the first place?  May not the noun itself stand on its own two feet, so to speak; or, at least with the supportive crutches of an adjective?

If a person posits that things are “very bad”, does the person responding who adds, “No, things are very, very bad” contribute to the discourse in that singular addition?  And what of the third in the discussion, who says, “Yes, I must agree, things are very, very, very bad”?  And what if a fourth person – unassuming and generally unemotional, who puts a sense of finality to the entire conversation by declaring:  “No, you are all right.  Things are bad.”  Did the last statement without the adverb and the repetition of additional tautological ringers, say anything less in the utterance, and conversely, did the third contributor add anything more to the discourse?

Often enough in life, that which we believe we are enhancing, we are merely detracting from in the very repetition of discourse.  It is like a signal or a marker; the red flag that arises suspicion is sometimes waved through the unintentional attempt to bring about attention through repetitive enhancement, and it is often the noun with the singular adjective that evinces the quietude of force in grammatical parlay.  Pain, anguish and medical conditions often seek to descriptively reveal through unnecessary repetition.

For the Federal employee and U.S. Postal worker who is working on preparing an effective Federal Disability Retirement application, to be submitted through one’s own agency or the H.R. Shared Services Center (for Postal employees) in Greensboro, N.C. (if the Federal or Postal employee is still with the Federal Agency, or not yet separated for more than 31 days), preparing adequate and sufficient responses on SF 3112A, Applicant’s Statement of Disability, must be embraced with care, fortitude, forthrightness and deliberation of factual, medical, legal and personal weaving of a compelling narrative.

Inclusion of too many adverbs may be a distraction; meanderings of thought and unnecessary information will undermine the entirety of the construct; and while the linguistic tool of repetition can be effective and compelling, too much of a “good thing” may undermine the singularity of a narrative’s natural soul.

In the end, the Statement of Disability prepared by a Federal or Postal Disability Retirement applicant should be a compelling narrative delineating a discourse of bridging the nexus between medical condition and one’s positional duties.  It should be descriptive.  It should be very descriptive.  It should be very, very descriptive.  It should also include the descriptive, the legal and the personal, just not very, very, very so.

Sincerely,

Robert R. McGill, Esquire

 

 

Federal Employee Disability Retirement: Natural empathy

Is there such a thing, or do we just fake it even when we do not naturally “feel” it?  If the official, technical definition fails to make the distinction between “feeling” and “understanding”, does it not discount the differentiation of the traditional bifurcation – that of rational capacity as opposed to part of one’s emotional quotient?

Further, if it is merely an emotion, do some have a greater capacity because of a genetic predisposition, while others at a minimal level acquired through accident of birth, and thus can one be held responsible for merely being who we are?  On the other hand, if it has a closer affinity to an “understanding” one possesses, then can it not be cultivated and enhanced, and therefore within the purview of an educational system that includes “empathy instruction”?

How would one “teach” empathy?  Would you present slide shows of unfortunate events, and by instructional imprinting, have the teacher or headmaster unravel with emotional turmoil and manifest tears of sorrow, and hope that the students will by some mysterious osmosis embrace that capacity to experience such travails “as if” one were in the other’s shoes?  And, what do we mean when we attribute empathy as a “natural” course of human characteristic – is it counterintuitive to the distinction made of its opposite, of an “artificial” construct?

In Darwinian parlance, of course, there is little room for Natural empathy – the weak merely dilute the sacrosanct genetic pool of the strong and those fit to survive, and time wasted in trying to protect the weak or to understand those less fortunate will only succumb to the inevitable devouring by prey otherwise in waiting.

In the “civilization” of the human animal, there are certainly historical instances of unexplainable natural empathy, but whether there was always even therein a hidden agenda, a personal motivation, or a self-centered glint of purpose, we shall never know.  The naïve will posit that natural empathy is central to the human character; the cynic, that it is neither natural nor a tendency discovered in any species known, but just another societal construct forced upon the strong as part of the social contract to defend the weak.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the health condition has resulted in testing the natural empathy of coworkers, supervisors and managers at the Federal agency or the U.S. Postal Service, there may well be a division and diversity of opinions on the matter.

Whether natural or artificial, unfortunate events do indeed test the capacity of human character, and when the Federal or Postal employee prepares a Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the uncaring and impervious attitudes of those encountered along the long and arduous process in attempting to obtain Federal Disability Retirement benefits, can indeed test the attitudes of a generation yet to experience the cruelty of an otherwise imperfect universe.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: Leaving that legacy behind

We hear about it from ‘high-end achievers’; and every President now builds large temples to themselves, like some Greek gods with immortal canopies and call them “libraries” for the common minion to think that it is like those warm and fuzzy buildings we once visited in order to escape the ravages of our sordid childhoods.

Perhaps it is the realization of that which has come back to haunt us:  Darwinism, pure materialism, and the abandonment of faith in hobbits, gnomes and angels from beyond, that leaves us with the stark nakedness of our own mortality, and the need to fulfill that vacancy by building lasting memorials that only crumble with the decadence of time.

The traditional definition connoted a lasting gift by an ancestor, where history, lineage and human relationships provided a context of meaningful inheritance, and not merely as a tombstone to admire.  The wider, secondary meaning refers to any accomplishment or lasting residue of one’s self constructed to remain beyond a temporal season, or until that next great ego tears it down and replaces it with an image made in a reflecting pool of self-aggrandizement.

We all have a desire and a need to leave a legacy; whether a memento gifted through countless generations, or a memory of multi-generational gatherings for an adventure, a once-in-a-lifetime trip, and perhaps nothing more than some pearls of wisdom handed down from a rocking chair worn by the vanished paint on the floorboards of time.

Even then; as value is rarely attached to memories invoked, people either hock the wares on eBay or the local pawn shop, and convert it into cash, where the societal glee for power is defined by paying bills and possessing goods.  Do people inscribe books and hand them down as a legacy left behind?  Or have they been replaced with electronic tablets and kindle versions where even the monks of Tibet answer to the melody of a smartphone?

Legacies are overvalued, or so we are told; and those who leave them for others to judge, never stick around to witness the lasting or temporal effects of residual emotional consequences.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition “forces” one to cut short one’s career and vocation by preparing, formulating and filing an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is the pull that holds one back and makes one pause, an artificial and wholly unfounded sense that one hasn’t “completed the mission” and the legacy that would be left is not quite up to par?

Such thoughts invoke a false sense of values.  For, in the end, it is one’s health that should be of paramount concern, and not what is left behind.

In Federal agencies and U.S. Postal facilities all across the country, that legacy left behind is often nothing more than the shattered lives who clung too long and waited beyond the point of medical necessity, when in fact the true legacy to leave behind is a focus upon one’s health in order to move forward into the next phase of one’s life.

Sincerely,

Robert R. McGill, Attorney