Attorney Representation for OPM Disability Claims: Trials of error

Normally, of course, the common usage of the terms involve the combination with a conjunctive — of trial and error, implicating a process whereby the latter term triggers the former (i.e., the “error” forces us to engage another round of trials, which then may lead to further errors resulting in further trials, etc.) into a potentially lengthy repetition of attempts, each with the advancement through possession of greater knowledge gained from the errors identified and witnessed.

The concept as it stands, however, implies something further:  of the experience of each error and the process within such error and what the error may implicate.

Human beings have an expansive capacity to “move on” quickly beyond errors made, and perhaps that ability of adaptability is an evolutionary advantage for a species that makes a fair number of errors that, in other contexts and within other species, would spell the extinction of the species itself.

Errors compounded go beyond the experience of the trial itself; sometimes, errors lead to other errors, and thus the “trials and errors” in their aggregate allow for greater knowledge and adaptability depending upon the nature of each error and of many trials.  But it is the trial of the error that often needs to be paused, and allowed to ponder upon, before going on to the next trial, lest the lesson from any one error has not been sufficiently learned before a further trial is engaged.

Sometimes, of course, the trial of an error, if not sufficiently comprehended and reflected upon, is the very reason why further errors of judgment follow, precisely because not enough time has been spent upon the nature of the error 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 one’s Federal or Postal job, it is important to recognize the trial of an error — for, with a Federal Agency or the Postal Service, one is encountering a behemoth of intransigence when attempting to garner any sympathy or loyalty.

Medical conditions themselves are “trials” enough, and when a Federal Agency or the Postal Service begins the process of punishing the Federal or Postal employee for taking too much SL or LWOP, or even invoking FMLA rights, the “error” is not so much the trial of patience, but rather, in thinking that the Federal Agency or the Postal Service was ever on your side to begin with.

While a Federal Disability Retirement application may not be a strictly “adversarial” process, one must always consider whose “interests” are being looked after in each trial encountered:  the interests of the Federal Agency or the Postal Service, or of one’s own?

The trial of error often begins with a mistaken identification of a more fundamental error on the part of the Federal employee or U.S. Postal worker, and for the Federal or Postal worker contemplating filing for Federal Disability Retirement benefits, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, the first step in preventing the greater trials of multiple errors is to consult with an experienced attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Claims: Present who of past what

It is a peculiarly human endeavor: of looking at a photograph (yes, digital nowadays, no doubt), and trying to discern from a present who what the one-dimensional picture says about what we were doing some years past, or maybe a few weeks or even yesterday.  It is the present “who” of one’s identity, trying to extract meaningfulness from a singular snapshot of an emotional freeze, whether of self-conscious “cheese!” declared knowing that the picture was being taken, or of a cold stare that locks out the soul’s essence of what we actually felt, and trying to extrapolate within a 3-dimensional universe the foundation of what had occurred.

We all play that peculiar game, do we not — of standing in the present by the very being of who we identify as ourselves and looking at a photograph of someone whom we can identify as the “I” in the image before us, and then remembering, with the contextual history hidden within, of the past what that depicts the picture present who stands before staring at the past what; while others may be doing the same thing many times over, multiplied exponentially in volumes unimaginable, yet each instance being insularly singular because there may never be a discussion about the present who of past what that no one talks about?

It is akin to having a medical condition, isn’t it — and of continuing to smile, walk about, carry on “normally” and everyone else in their insular universes not knowing about the medical condition you carry about, and the suffering you must endure because of the present who of who you are but of the past what where others see you and judge you as you were, what you were, who you were, while all the while it is the present who of today that has changed and is no longer the past what of who you were?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition is preventing the Federal or Postal worker from performing one or more of the essential elements of the Federal or Postal job and positional duties, that feeling is often familiar and well known — the present who of past what.

Others see you and expect the same; you may even appear to be unchanged, but inside, you know that the present who is no longer of the past what, and that is precisely what must be conveyed in preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether as a Federal or Postal employee you are under FERS, CSRS or CSRS Offset; for it is precisely the present who of past what that is the you of today with the historical context of the past what, but nevertheless needing the present who for a future whom no one but you can know or discern.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation OPM Disability Retirement: Arbitrariness of life

What defines arbitrariness?  Is it when there is a lack of pattern, or does our own input of misunderstanding or lack of comprehension determine the defined formlessness of the world around us?  Is Kant right in his implications – that the “noumenal” world that is outside of our sphere of cognitive input remains unknowable, arbitrary, unfathomable and unreachable, and it is only by the categories of internal psychological structures that we naturally impose upon the world, make sense of it, and “order” it so that we are thus able to comprehend it, that such an understanding between the bifurcated universes of the phenomenal world we comprehend and the noumenal world we can never grasp defines the penultimate concept of that which is arbitrary?

And what of the “arbitrary life” – is it merely that which we do not understand, or is there more to it than that?

Most people live lives that establish a consistent “pattern” of progression.  Thus do old sayings go: “A person is a communist in the morning, a radical in the early afternoon, but if he is not a conservative by nightfall, he has never grown up.”  Or even of the implicit response of the Sphinx: “a man who is four-legged, then two, then three” – implies a systematic progression, then degeneration of sorts; in other words, a pattern of life-cycles.

And we expect a blue-print of what it means to live a “successful” life – of education, work, family and career, where there is a consistent increase in wealth, wisdom and weariness of strangers that continues to expand and grow.  But what if there is an interruption to that “pattern” or “blue-print” that everyone expects?  What if misfortune befalls, bankruptcy is added or divorce, death or even a hurricane and flooding descends upon one’s life – does the unfortunate event suddenly make one’s life an arbitrary one? Or, what about the Federal employee or U.S. Postal worker who must suddenly face a medical condition, such that the medical condition no longer allows for the Federal or Postal employee to perform all of the essential elements of the Federal or Postal job – does that make the interruption of life’s constancy suddenly into an ‘arbitrary’ life?

The definition of that which makes X arbitrary is always related to the “randomness” of events; but for human beings, it is indeed the perspective one has and the calm within a storm that influences whether the objective basis of that which is arbitrary is influenced by the subjective approach of a person’s life.

For the Federal employee or U.S. Postal worker who must consider filing an effective Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the initial steps in preparing a Federal Disability Retirement application may determine, objectively, the future course of the Federal Disability Retirement application itself, as to whether it was “arbitrarily” compiled or systematically composed.

Like the orchestra that has an off-tune instrument, the symphony created will determine whether one’s Federal Disability Retirement application is a crescendo of progression, or merely a disturbing sound of failure.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Stifling rationalism

Although it may no longer show in modernity, it was the dominant methodology accepted as reflecting the Aristotelian belief that man is essentially a rational animal, and thus the general approach towards reaching conclusions should embrace the perspective that the criterion of truth is based upon not sensory, but intellectual and deductive foundations.

But if the thought process fails to utilize the formal laws governing deductive reasoning, and nobody reads Russell or Quine, anyway, what is the difference?  Is it merely an appendage to the conclusion reached, by declaring, “That’s the only logical way to think about this!” – and if we add the exclamation point, state it with a clear and loud voice, does that make it so? What is the distinction to be made, from a valuation or validation viewpoint, between decisions and judgments rendered based upon empirical evidence, deductive or logical reasoning, a combination of both or all three, and the contrast as against an “emotional” basis for reaching conclusions?

If an individual engages in complex futures trading on the stock market, for example, and bases such transactional activities upon unscientific methodologies, is it not the success of the venture (i.e., a retrospective judgment on the matter) that will ultimately determine the success or failure of each approach?

Take the hypothetical of the following: Securities and futures trading can now be done with a laptop from home, and we have Jim, Nancy and Deborah, each of whom thinks that he or she constitutes the brilliance of Wall Street’s best and brightest (though none have had any prior experience but are engaged in vocations far and distant from anything to do with it).

Jim looks at the relevant newspaper quotations and likes the way the numbers coalesce, and makes the trade based upon that comforting sensory impression.  Nancy, in a different state and unbeknownst to Jim, has been pouring over the numbers, calculating, looking at the history of past performances, and creates an algorithm founded upon a calculus of probabilities, and pushes that computer button to deplete one’s bank account based upon mathematical precision that approaches some semblance of certainty, but never quite.  And Deborah, well, she possesses on this day a certain “instinctive” feeling about a particular futures trade, and proceeds entirely upon this emotional response.  Of the three, whom do we consider as validated, worthy of following or respecting of methodologies?

If Deborah were to increase her portfolio by, say, 500%, and Jim merely breaks even but Nancy loses her proverbial shirt, would we dismiss it by thinking, “Ah, just pure luck”?  On the other hand, if Jim were to make a nominal profit, Nancy were to obtain significant returns, and it was Deborah who lost everything, would it change our attitudes and confirm the notion that rationalism prevailed because it is the only valid approach to life’s complexities?

The acceptance of rationalism is inevitable for the rational animal; elevating it to a status where all other approaches are stifled, however, can ignore the spectrum of other dimensions just as valid in human life.

For the Federal employee or U.S. Postal worker who suffers from a medical condition, such that the medical condition necessitates preparing, formulating and filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management, it may be that “rationality” cautions one to remain in the Federal or Postal job because of job security and financial stability.

But there are other considerations, as well, such as an instinctive will to survive; and when stifling rationalism quiets the voice of health’s call to safety, it may well be time to consider 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.

Sincerely,

Robert R. McGill, Esquire

 

 

Medical Retirement for Federal Employees: Expectations beyond the norm

We begin the nascent origins of remembrances expecting greater things beyond the normal levels of reality; that is what we now define as a “good childhood” as opposed to a lesser, or even an ordinary one to bear and be burdened with.

We are admonished that we can “be anything”; that potentiality and possibility (is there even any conceptual clarity of distinction between the two, anymore, and what of the third in its trifecta – of probability?) are limitless; that, like child prodigies of yore, each of us are “special” (query:  if everyone is special, does the concept itself lose all meaning, as in the philosophical conundrum of nihilism, where if you believe in nothingness, where can there be a “something” to lend it any meaning at all?) and defined by the uniqueness of our own boundaries superimposed by society, artificial constructs and unattainable hopes and dreams.

With that baggage of certainty to failure, we begin to travel life’s inestimable travails and untried valleys of difficult terrain.  Yet, we call that a good childhood.  By contrast, we ascribe bad parenting to the cynic who treads upon the fragile soul of a child:  “Chances are, you’ll never amount to anything”; “You’re never going to be able to do that, so why try?” (said to a 16 year old who has stunted growth trying to dunk a ball); “Don’t waste your time; you don’t have the talent for it, anyway.”  These comprise, constitute and reflect emotional harm and verbal abuse, by the standards of today.

We are never supposed to discourage, but always to encourage; never to allow for the reality of an impervious universe to influence, but rather, to always create a fantasy of potentiality and possibility of hope and perspective of the impossible.  But what of encounters with strangers and angels disguised as visiting anonymity?  Do we say to the child, “You are special; all people are special; as special people all, welcome all”?  No, instead we preface warnings, admonish with goblins and ogres beneath every bed, and scare the hell out of kids – which, by the way, is also considered good parenting.  And thus do we become adults, weighed down by the baggage of heavy biases towards the realities of life.

Most of us realize, at some point, that being “special” merely means that we are ordinary human beings living quite monotonous lives, and that only celebrities, politicians and the once-in-a-lifetime Bob Dylan truly fit into that category of uniqueness.  Happiness is the expectation dashed, evaluated, then accepted; and that it’s all okay.  Then, when a medical condition hits, it makes it all the more so; for, as children, we also expected that our mortality was nothing more than something well into an obscure future, always touching others but never ourselves.

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 position, the reality of our own vulnerabilities and fragile nature begins to set in.  Expectations beyond the norm have to be compromised.  Dreams once hoped for and hopes once dreamed of require some modifications.  But that’s all okay; health is the venue for hope, and without it, there isn’t even a whiff of dreaming for tomorrow’s moment.

Prepare well the Federal Disability Retirement application.  It is okay to be ordinary, and to recognize the fragility of human life and health, for it is the latter that needs to be protected in order to dream of a future where a summer’s day dozing on a picnic blanket will fulfill all expectations beyond the norm.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Benefits: The reef beneath the lagoon’s surface

In every worthwhile venture, there is the inherent danger of failure, and more often, of encounters with obstacles while enduring the process.  Some are apparent; others, hidden like the reef beneath the lagoon’s surface, of the jagged formations from sediments deposited and coagulated through time and shifting tectonics of unseen tidal forces.  That is the greatest of dangers – of a peaceful hue by a lagoon in its invitation on the surface of beauty; yet, beneath, lurking unknown and unrevealed, ready to tear the undersides of an unsuspecting boat as it enters into waters mysterious in its captivating picturesqueness.

If only life were always defined by mere appearances; we would never have to stop and reflect, pause and contemplate, or resist the urge to jump head first into shallow waters that seemingly reflected a pool of depth beyond mere sparkling mirrors of a sunlit afternoon.  But that is not how real life, in real time, amidst real people in a real world, works.

And we all know it; except, perhaps, for those shielded children who can actually have a childhood of carefree days and cool breezes in an afternoon where fields of rye still allow for the catcher to stand just at the edge of the cliff, and safely deposit any wayward souls who may wander to the danger’s end.  And like the unseen reef beneath the surface of the seemingly tranquil waters of the lapping waves softly upon the lagoon’s invitation, life embraces, often maims, and forever destroys if unaware and stepping without trepidation of purpose.

For Federal employees and U.S. Postal workers who are 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, it is that unseen and unsuspected reef beneath the lagoon’s surface which must be considered before stepping into the still waters of the bureaucratic process.  For, while the waters may be quiet today, who knows what obstacles, dangers and dalliances of pitfalls will lurk about tomorrow?

The legal and administrative process of preparing, formulating and filing an effective Federal Disability Retirement application is replete with multiple unknown and unseen dangers; from legal issues arising in areas of accommodations, reassignment, varying manners of termination; to compiling the medical evidence such that it meets with the criteria for eligibility as set by statutes, case-law and OPM regulations; the compendium of the entire venture may appear simple.  It is anything but.

And like the reef beneath the tranquil surface of the sparkling lagoon, being invited to enter into those unknown waters may be tempting for the Federal or Postal worker who must file for Federal Disability Retirement benefits; but resist the initial temptation and consider being guided through those treacherous waters, lest the cautionary preface to dire consequences may fall upon the jagged reefs of life’s uncharted vicissitudes of disastrous results.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: The din of distant darkness

There are often foreboding signs which we conveniently ignore.  In retrospect, how often do we hear of the lament of disregard?  “I never thought…”; “I heard the sound, but –“; “There were some indications, but I just assumed…”  Yet, later, we recognize those telltale footprints, and wonder why the creaking floorboards or the muffled murmur did not raise the cautionary instincts repressed by urge of avoidance.  If we were paid a dollar for every instance where…

Like Jim Croce’s remorseful song, if time could be saved in a bottle from every occurrence of wasteful distraction spent trying to figure out things which could otherwise be discerned through careful analysis, the extent of cumulative superciliousness in trying to act offended or incensed by charges of ineptitude might be reasonably contained.  There is so much noise, these days, that a fresh uptick in the volume of an additional din is barely noticeable.  And when then sound of emitted discordance strums a beat in the distance, who but the expectant and anxious parent recognizes the unique cry of a child’s shrill scream of alarm?

And if the sound is merely likened to darkness, where light no longer creeps between the door left ajar, or the seam between the floor and the locked metal gate, then how are we to recognize the silence of strangled light left abandoned in the loneliness of a world uncaring?

The din of distant darkness is precisely that foreboding sense of what may happen, but based upon “something”, as opposed to a baseless muttering of convictions unfounded when we suddenly “lose it” and cannot extricate ourselves from the frenzy of our own lies.  Much of life is about lying – not necessarily to others (although, we do that often enough, as well), but more to ourselves in order to shield our own fragile psyche from the fears we want to avoid.  But even darkness seen in the distant horizon comes creeping towards us, whether we want it to, or not.

How we nestle in the fears of our own making, or struggle against the timeless reverberations of anxieties unstated and never confessed, is the foundation of what makes for successful living, or failed attempts to conceal the cacophony of numbing onslaughts of life.  Yes, the din of distant darkness is yet merely a warning some months, years or decades away; but for Federal and Postal employees who already have a sense of what is coming, and the inevitability of life’s misgivings, the indicators are probably already there:  a medical condition that will not go away; the intersecting impact between the medical condition and the ability to perform the essential elements of the Federal or Postal position; and the question:  How long can I last?

For Federal employees and U.S. Postal workers who need to start considering the process of preparing 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, the din of distant darkness should never be avoided; for, in the end, it will come upon you like a thief in the night, stealthily, and without regard, just as your agency and closest coworkers and supervisors will turn the other eye even when the oncoming rush is about to hit you in a sudden fit of uncaring actions.

Sincerely,

Robert R. McGill, Esquire