Lawyer Representation OPM Disability Retirement: House versus home

What is it about terms that possess those subtle distinctions that evoke emotions that can be differentiated between “objective” and “subjective”, or distant versus close, impersonal as opposed to affectionate?  Advertisers, of course, play upon such words, and pollsters apply research results as to the emotional input received by throwing in certain words, terms, concepts and voice inflections as opposed to others.

Thus, a “house” is some impersonal structure that may or may not be occupied; whereas, a “home” is where one’s memory resides, of warmth and gaiety, cookies fresh out of the oven and a swift kiss on the forehead when a boo-boo occurred that brought tears to the little child’s rosy cheeks.

“Friends” are reserved for the special smile that knows the secret; an “acquaintance” is still the arms-length feeling of perhaps, but not just yet and maybe; and the tear that is shed in the quietude of a theater’s relative darkness is the one that is let loose when amongst those who are close and secure; but the house that sits beyond can never be the home that warms one’s memories unless the childhood memory runs through the kitchen where aromas of love and cookies can embrace the hurts that were left behind long ago.

What words we use; the emotions which accompany the choice of our language games; and the vehicles of communication that leave hollow the empty vessels within out hearts; these are the breadcrumbs that fall to the wayside and leave us empty within the souls of our being.

For Federal employees and U.S. Postal workers who suffer 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 feeling that one’s Agency or the Postal facility one works at has suddenly become a “house” versus a “home” is a natural one.

No longer are you the valued employee, but just “that one” who takes too much sick leave or LWOP; you are not the golden boy or girl who did a great job last year, but the one who is placing a burden on other workers because you have been absent; and while your performance reviews remain as they were, it is only because apathy continues to prevail, not because anyone has actually noticed how you are struggling despite your medical conditions.

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, may be the only option left, in order to return to one’s home, as opposed to the house that is visited and has become empty of any feelings or fond memories of childhood dances through the empty halls of a soul that is left hollow by the cruelty of those about and around.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Service: Life’s burdens

In chaos, where does one find refuge?  One suspects that for children of modernity, the escape into the virtual world of computer games, Internet conversations, constant checking and updating of profiles, and the entire gambit of projects unrelated to the reality surrounding, is that very reservation of constancy which is needed by all.

Life has burdens; parents have an obligation and duty to contain and protect throughout those crucial periods of growth; but what happens when parents have never known the stability of life’s promise and become parents even before being ready themselves?   Do they, as well, have the leisure of becoming lost and transfixed upon the unreality of a virtual universe?  It would seem so, just by mere observation of local lore, of walking down any street in the country and seeing seemingly mature individuals transparently ensconced in a trance beheld by a mobile device.

Life has real burdens; upon birth, there was never an accompanying set of detailed instructions as to how to “deal” with them; and, in the end, it is questionable as to whether any generational transfer of wisdom could be imparted within a society where independence is encouraged and separateness of lives is demanded.  In a society where age determines adulthood, where division defines maturity and fissures constitutes the unassailable stamp of approval in becoming independent and partitioned; neighborhoods are merely so defined because of their antiseptic aggregation of nearness by cluster, and not because anyone is expected to actually interact with one another.

No, there is no such thing as sharing the burden, or lessening the load which one encounters in the course of living a life.  It is, indeed, an absurdity – and Sartre’s play, No Exit, reflects upon that issue, as we are born without asking, live without a means of filing an appeal, and die with souls extinguished without value or worth of knowing.  Knowing what?  Of that certainty of teleological embracing as in foregone eras, when faith, trust and a sense of belonging defined a life.

One may scoff and say that all of that is mere tripe; that there never was a time before when society breathed as an organic unit and life lifted burdens within the constancy of sustained relationships.  Even the old places are now being destroyed, and one sees the devastation of sectarian wars and ravages of inherited hatreds in countries where wealth and technology has not quite arrived, but where family units were still fairly intact.

For the Federal employee or U.S. Postal worker, life’s burdens become exponentially magnified when a medical condition begins to impact one’s ability and capacity to perform the essential elements of one’s job.  When that situation arrives, it further alienates and separates, especially in a society which trumpets the virtues of independence, when in fact it merely identifies the loneliness.

Preparing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, is one avenue to undertake, especially when it becomes clear that neither the Federal Agency nor the U.S. Postal Service is going to do what communities and neighborhoods of yore once did – of caring by providing an “accommodation” for one’s medical condition.

For, in the end, just as there was never a set of instructions accompanying a newborn’s life, so there is very little information “out there” for the Federal or Postal employee whose career may come to an end because of a medical condition, except for specialized areas of legal help which serves to lift some of life’s burdens in the process of preparing, formulating and filing an effective Federal Disability Retirement application, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset.

Sincerely,

Robert R. McGill, Esquire

 

FERS CSRS Disability Retirement from OPM: Fatal Flaws

Nature is harsher than the artifices created by man; egalitarianism or empathy for the less fortunate, are not found as traces of widespread encapsulation of the essence of the wild; instead, the opposite is true:  of indifference, abandonment in the face of a wounded comrade, and flight as opposed to commonality of surrender.  It is only in the antiseptic universe of human civilization that we discover character, trust and fortitude in the face of threat.

Is this a fatal flaw in the humanity of the species?  Perhaps.  Time will tell, as civilizations rise and fall, as to whether the inherent weakness of totalitarianism will succumb to the overt unsteadiness of democratic institutions, and whether kindness wins out over betrayal, truth over falsity, and cruelty above warmth of favor.  Malignancy is considered nature’s retribution against the unsettling forces of dominance and survival; but as history shows, the linear nature of our thought processes rarely reflects the reality of how man proceeds.  There are fatal flaws in every aspect of life’s misgivings; but most are merely defects correctible by substitution of lack with that of an addendum to afterthought.

In a Federal Disability Retirement application, there will be times when the U.S. Office of Personnel Management requests additional information because of an obvious lack; while a response does not necessarily guarantee an approval of one’s Federal Disability Retirement application, attending to the request will often appease the desire for more evidence.  If a Federal Disability Retirement application submitted to OPM has been denied at the Initial Stage of the process, are any errors or mistakes ever fatal flaws?  Rarely.  It depends.  Likely not.

Qualification: Undoing something is often more difficult than its opposite cousin in the affirmative; blinders cannot be placed upon OPM once they have reviewed something, and we cannot pretend that they haven’t already formed an “impression” of a case.  But corrections, supplemental information and addendum to deficiency; these are all the tools available for the Second Stage of the process — the Reconsideration Stage.

Then, of course, there is the avenue of the Third Stage, if such corrections have been unpersuasive or ineffective; and that would be an appeal to the U.S. Merits Systems Protection Board, where an Administrative Judge would decide the case.  There is even a “Fourth” Stage — a petition before the full board of the U.S. Merit Systems Protection Board.  Beyond that, an appeal to the Federal Circuit Court of Appeals is also available, though the systemic losses in all of the previous forums identified, makes for a near-impossibility to reverse course at that level unless there are onerous legal grounds to argue.

As we pointed out at the begin of this parade of verbosity, natural law is lock-step in tune with the marching harshness (to remain true to the metaphor of parades, marching, bands, etc.) reflected by genetic deficiencies manifested as fatal flaws; but in the bureaucratic universe of administrative processes such as filing for Federal Disability Retirement benefits, the safeguards allowing for a multitude of due process steps rarely follows the trumpets and trombones (there again, that metaphor overplayed) of nature’s unforgiving ways.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Artistic precision and the caravan of words

The two words in the initial linguistic compound are rarely combined; for, as the former denotes a free-wheeling flow of undisciplined handiwork, it resists against the latter for its constraining methodology of instrumental pragmatism.  Thus, an “artist” by definition belies the very definition of precision, and “precision” connotes too rational an approach within the contextual themes of scientism and material fortitude.

Are they oxymorons?  Not quite.  Inconsistent in an aggregation of conceptual constructs?  Perhaps, to a degree of some incommensurability.  Nevertheless, as even opposites can still attract, and manage to discover ways to synchronize, so the free-flowing phenomenology of creativity inferred by an artistic hand, can with the guiding principles of methodological precision, garner a coordination of approaching beauty by analogy and pastoral effect by metaphor.

With that, we approach the latter half of the title — of a “caravan of words“.  Some would picture in the mind’s eye of a distant past, where antiquity and modernity clash in a final battle of lost yearnings; of a line of camels against the sunset of a desert’s sky, when languages uttered were foreign and exciting in their romantic interludes.  Nowadays, in a world gone mad, no one cares a twit about such scenes except to fear the violence and mayhem which is represented by a technological world having replaced the transport of goods by beasts of burdens.

It is, however, the addendum of “words”, attached to the concept of a caravan, which qualifies for significance and meaning.  For, by conveyance through a manner lost now in the fading antiquity of time, memories and forgotten worlds, we once communicated through a caravan of words, but now simply rush upon a computer key or a smartphone app.

We thus come to the ending chorus, the finale, the drumbeat of closure:  True communication can only occur through a series of burdensome approaches in transporting language into an effective word picture, utilizing both the imagination of artistry and the deliberations of scientific precision.

This should be kept in mind when a Federal or Postal employee who is preparing the Statement of Disability on SF 3112A, that the narrative to be told in response to questions asked, should encompass all of the elements discussed:  unrestrained by the questions themselves, yet precise in formulating the argument; conveyed not by mere convenience of transport, but carefully packed upon the backs of reliable caravans.

Words mean something, and when the Federal employee or U.S. Postal worker sits down to prepare an effective Statement of Disability on Standard Form 3112A in order to formulate a Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, it is important to engage in the artistic precision of a caravan of words, lest the means for conveyance of one’s narrative be delayed by an obstacle of technological obfuscation.

Sincerely,

Robert R. McGill, Esquire

 

Medically Retiring from Federal Government: Environmental Toxicity

We read about it in the print and other media; the global nature of the problem, the haunting images of rusting barrels and canisters with leaking liquids of foreign and unidentifiable hues of chemical mixtures; of stories involving deformed babies and cognitive delay, with early onset of dementia causally related to the drinking water, air pollution and osmosis of agents otherwise harmful.  Science Fiction writers employ the genre of antiseptic cities of artificial constructs, with men and women who venture out into the tainted world in white suits of sealed purity, breathing through tubes and oxygenated rasps barely audible through the thick materials of protective immunity.

China, we are told, basks in the careless disregard of deliberate destruction, with India lagging not too far behind, and then the “developing” countries; that the airstream, jet stream and water streams are all connected, like tentacles which relate back to the organic essence of human existence, and unless little old “me” and “I” and the pointed finger of accusatory mumblings does “his part” or “your part” in reducing all that mess that the proverbial “we” have created, that doom is just around the corner accompanied by “gloom” preceding its cousin; and so we laboriously cart our plastic bottles and milk cartons into larger and larger bins that have logos we proudly think represents the advancement and modernity of our thoughtfulness, and watch as the powerful jet set in private planes and get transported in SUVs that spew out untold tons of unseen pollutants in order to congregate and discuss the fate of the universe, the represented country, the state, the community and lil ol’ me.

Environmental toxicity, of course, is a real problem; it is the lip service paid by those who preach without actionable lives of verified sincerity which presents a problem for most.  And for the rest of us, the “little people” who matter not and impact insignificantly upon the global scale of policy interventions, there are multiple dimensions of the term itself — as in the quality of the workplace, the manner in which the employer treats employees, and in the Federal sector and the U.S. Postal Service, the application of relevance for the conceptual compound of the two words often implies more than the physical universe of occupied space; it involves the harassment, emotional abuse and hostility of purpose.

For the Federal employee and U.S. Postal worker who suffers from a medical condition, such that the medical condition compels the Federal or Postal employee to file 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, the question of environmental toxicity is just that — not the wasteful plastics otherwise disregarded and discarded into the trash bin, but the real impact of a caustic atmosphere empowering little minds within fiefdoms of medieval power centers.

How the Federal agency treats “lil ol’ me”, and what the U.S. Postal Service does to its employees by requiring and forcing abusive repetition of physical labor, goes well beyond what the ordinary person cares about in China, India, et al.; instead, they want you to look beyond the window of your own house, even as the smoke fills and the fires blaze in the very neighborhood you live in.

Sincerely,

Robert R. McGill, Esquire