OPM Disability Retirement Claims: The Lost Wallet

It is a sinking feeling, a sense of foreboding, and a sudden realization of the empty back pocket that then leads to a feeling of panic.  Or of reaching and finding that the purse that is so carelessly hanging from one’s shoulder, or looped over a forearm — is not there.  It is the nonexistence of something that suddenly brings to existence the sensation of fear, emptiness, loathing — and resultant panic. Whether of the variety where the pit of one’s stomach becomes queasy, or of a disorientation of being, matters very little.

We can try and describe it, but we all recognize it without ascribing and identifying the precise word that depicts the reality of such extinguishment of existential reality: The lost wallet, the stolen purse, the sudden void of that which we have taken for granted each day; and the subsequent sense of the consequences that ensue.

It is not just the trouble of future replacements; the calls to credit card companies, the trip to the Motor Vehicle Administration, and the irreplaceable photograph tucked into the side pocket of the wallet (sorry for showing one’s age — of course, no one keeps such passport-sized photographs in a wallet, anymore, as the anachronism of such a deed has been replaced by the “saved” pictures in that ethereal “cloud” within each Smartphone so that, even if the phone itself is lost, it is never truly lost because it is forever kept in world of downloadable albums) — no, the loss is exponentially multiplied by a sense of having one’s identity violated, and of feeling that an event has occurred where something essential has been extracted from our very existence.

The lost wallet inevitably leads to a first impression of panic; but as panic is a natural reaction, it is what we do next that matters most.  And like the Federal employee or Postal worker who first realizes that he or she suffers from a medical condition, and over time, senses that the medical condition will not simply “go away”, it is the steps that follow upon the news first learned that will have the significant impact upon one’s future livelihood.

Preparing an effective Federal Disability Retirement application, to be ultimately submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is that “next step” after the foreboding sense of reality has first been experienced.  And like the lost wallet that will need to be replaced, a Federal Disability Retirement annuity is the needed replacement for one’s career; and while the replacing features may not be as good as the health one once enjoyed or as lucrative as the career one previously pursued, it is a new identity that will be needed until the lost wallet is recovered in some future image of a past relinquished.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: Complexity and Confusion

Life has become more complex than humanity has desired; those harsh days of “horse-and-buggy” past – of simplicity which is romanticized, yet of a day’s labor just to provide a subsistence lifestyle; where technology was not yet invented, leaving aside having had any thoughts about it; of leisure and convenience relegated to a Sunday afternoon, where even then, preparation of a meal was not about whether to go to the local supermarket or out to a restaurant, but to take and kill from one’s farmstead or hunt in the woods.

Is there a compromise and middle ground?  Does it all have to be complexity and confusion, or simplicity in its harshest manner?  There is, in modernity – and throughout the ages – a desire to “return to nature”; of an idealized perspective which is represented by dystopian narratives promulgated through epidemic catastrophes or war-torn holocausts of unimaginable proportions.

And, although such stories purport to reveal the dire consequences of how we treat this planet and seemingly portend of undesired results, yet there is a secret, underlying and not-so-discreet relishing of reincarnating Locke’s and Rousseau’s “State of Nature”, more formidably proposed by Darwin and his sycophantic followers, where the “survival of the fittest” best defines the characteristics of human excellence, and that those with book-smarts and wily, cagey talents – i.e., Wall Street Traders, computer geeks who made millions and billions by creating cognitively-applied moneymakers, and Bankers, Lawyers and the like (in other words, those who would never survive in a State of Dystopian Nature) – get their due recompense by being enslaved by the fitter and stronger.

But this is really nothing new; look at the utopian approach reflected in the transcendentalist philosophy represented by Walden, in the collective silliness of grown-ups wanting to be children as snot-nosed fantasies running around in diapers and hugging the earth, as Thoreau, Emerson and Channing, et al, were keen to do.  There is, then, a pervasive desire throughout history, of harkening back to a time never known, rarely reinvented, and forever in existence in its idealized, paradigmatic pinnacle of forms; but what of the alternative?

That option is already here – in the full complexity and confusion of modernity.

If we could just bottle every second, all of the minutes and the collection of hours promised that would be saved by each incremental advancement of technology’s rise, we should all be living the life of leisure.  Instead, it has all come crashing down upon us:  greater stresses; more complexity; a wider expanse of confusion.  They seem to come hand-in-hand, don’t they?

For the Federal employee and U.S. Postal Service worker who suffers from a medical condition, such that the medical condition prevents the Federal or Postal employee from continuing in the chosen career, complexity can lead to confusion, and by the inverse laws of physics, confusion can compound greater complexity.  Federal Disability Retirement is an area of law that is infused with inherent complexities; being confused about the process, including the statutory basis, what meets the preponderance of the evidence standard, and which case-law precedents apply, can further add to the complexity and confusion.

Seek the advice and guidance of an experienced attorney who can alleviate both, and as life itself is complex and confusing enough, adding to it by stepping blindly into the foray of Federal Disability Retirement without legal representation may be not just the height of foolhardiness, but more akin to the fool who not only attempts to have himself as a client, but is moreover a confused fool with an unidentified personality complex.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Casuistry and Sophistry

It is often used to described “applied” ethics — that branch of moral questioning which evaluates and analyzes an actual case, as opposed to a theoretical artifice constructed for purely pedagogic purposes, devoid of flesh and substantive import.  No longer constrained by the ivory tower of hypothetical unversality, and thus vacuous of feeling, real empathy and true relationships, casuistry naturally devolves into sophistry, where self-interested motives become ensconced.

Devolution denotes a denigration of sorts; such a statement is not deliberate in its alliterative force, but an antidotal utterance in contrast to the Dawinian consort of progressive genetic advancement; and it is precisely because self-interest betrays itself in such instances, by attempting to justify the very basis of its validity in a flawed methodological argumentation.

Sophistry, of course, connotes bad logic; moreover, it often implies a deliberate self-knowledge of utilization of such flawed rationale, despite “knowing better”, precisely because the debater wants to conceal the self-interested motive by engaging in a cover-up by effusive elongations of elaborate textiles of tactless show-boating housed in linguistic gymnastics of confounding conundrums.

Russell was good at this; Wittgenstein, better; and Heidegger the ever superior in concealment of his underlying Third Reich connections.  It is, indeed, difficult to demarcate the two; for it is casuistry which necessarily devolves into sophistry, and sophistry forming the foundational basis of casuistry; but as to which came first, the chicken or the egg, one can only guess at.

When self-interested motivations are involved, where justification of actions cannot be bifurcated from the involvement of the personal pronoun, the devolution of antagonism by self-preservation into anarchy for protective reasons will naturally follow.  Can an individual separate the underlying insinuation of self-interestedness from a discussion involving one’s self, if the outcome will impact the life, livelihood and living circumstances involved?  Perhaps.  But unlikely, and rare in its substantive occurrence.  For, the very conceptual constructs involved are oxymoronic at best, and blatantly self-contradictory, at worst.

To maintain integrity where self-interested motivations follow, and then to engage in valid logical argumentation devoid of a devolved sense of self, is a high price to pay, and a higher standard to bear.

For Federal employees and U.S. Postal workers who must prepare, formulate and 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, this conundrum is indeed the flashpoint of being able to prepare such an effective Federal Disability Retirement application.  For, it is precisely the “self” which must be discussed, the “I” which by necessity be inserted, into the discussion of attempting to justify the nexus between one’s medical condition and the inability to perform one or more of the essential elements of one’s Federal or Postal positional duties.

In doing so, an expansive delineation must be posited on SF 3112A, where by a preponderance of the evidence, the Federal or Postal employee must prove the formulated connection between the medical condition and the inability to perform one or more of the essential elements of the job.  In doing so, take care to guard against a casuistic argument devolving into a sophistry of incalculable innuendo of self-interested flaws.  It is the hubris of man, as Shakespeare always reveals throughout his tragedies.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The Palate of Human Living

It is both an identifier of a specific part of the human body, as well as a noun used to describe a sophisticated and discriminating characteristic of the human animal.  Used in the former manner, it merely describes nothing more than the biological component in common with all other animals; as presented in the latter form, it distinguishes from the greater commonplace testament of a refinement not otherwise found.

That, then, is the uniqueness of the human being; the capacity to be part of the world around, yet able to be distinctively different and to progressively advance (as opposed to regressively retreat) on the spectrum and scale of achievement.  But in the objective world of reality and pragmatic concerns, there are “equalizers”.  One such factor which levels us all, is an unexpected medical condition.

For Federal employees and U.S. Postal workers who have striven to personally and professionally advance on a career path with the Federal Government or the U.S. Postal Service, but who now find that the unpalatable future orientation belies one’s capacity to continue because of a medical condition, serious consideration must be granted to filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

The decision itself is not what impacts the palate; rather, it is the cessation of progression on one’s career scale which makes for the unpalatable idea.  But that is where the pragmatics of life, and the dream-like quality of ambition, willfulness and the human spirit of positive-thinking, all come together in a clash of titanic proportions, and serves to undermine the reality-oriented universe of necessity and practicality.

Filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is not a reflection upon the capacity of the creative drive of the individual; it is merely a necessary step in response to a biological requirement in order to advance to the next stage of one’s life.  And just as the palate is not merely a body part, but a refinement of distinguishing taste, so the Federal or Postal employee who cannot see the distinction between moving forward into the next and future achievement from a biological condition which cannot be avoided, is merely of the lower animals, and not the angel whom the gods entrusted as the caretaker of a universe gone astray.

Sincerely,

Robert R. McGill, Esquire