OPM Disability Retirement under FERS: Interests at odds

A comity of interests has to arise in order for relationships to “work” — in whatever arena of meaning such a term must apply.  When interests are at odds, it means that the goals, orientation and direction of each of the parties are conflicted.  A “conflict”, of course, can be direct or indirect, and can be on various levels of complexities, but in general would imply a need to sever ties unless such conflicts are resolved.

In the employment arena, the comity of interests is fairly straightforward: The employer has a set of interests that need to be pursued; the employee, desiring to advance the interests of the employer, agrees to join in with the comity of interests in the common pursuit of stated goals.  Compensation is agreed upon; certain conditions are mutually stated and a contract, whether explicit or implied, is formed.

Conflicts may arise during the course of employment, of course; if a competitor makes an offer to the employee unbeknownst to the employer that directly or indirectly conflicts with the stated goals of the employer, certain ethical questions may arise.  Or, if certain employment conditions fail to be met, the “interests” of each begin to be “at odds” — an odd way of putting it, but that is the lexicon that has arisen in the employment arena.  It is almost a euphemism to avoid the harsh reality of other “choice” words.

Medical conditions can certainly “bring to odds” and damage the employer-employee relationship, and certainly Federal employees and U.S. Postal workers recognize that.

The “solution” that has been preemptively provided is the benefit known as “Federal Disability Retirement” — it is a means to avoid or otherwise resolve the conflict that arises when a Federal employee or Postal worker can no longer perform one or more of the essential elements of one’s Federal or Postal job — where, in the event of a medical condition no longer allowing for the Federal or Postal employee to fulfill certain of the employment conditions agreed upon (i.e., not being able to maintain a regular work attendance; unable to work full time any longer; taking too much SL or LWOP; unable to perform all of the essential elements of one’s job, etc.), then it is time to access the benefit of filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Of course, the “interests at odds” is not just between the employee and one’s own Federal Agency or the Postal Service — it is also as against another agency: The U.S. Office of Personnel Management who attempts to subvert, deny and otherwise place obstacles in obtaining an “approval” for Federal Disability Retirement benefits.

That is why the “interests at odds” needs to have an advocate — of an attorney who specializes in Federal Disability Retirement Law.  Consult with an attorney who can help you attain the comity of interests, and to counter that entity which clearly is at odds with your interests.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The light in someone else’s home

Walking the dog out past dusk, or perhaps standing in the backyard after the sun sets; or, in an apartment complex looking out beyond; a light turns on in someone else’s home; we wonder, who is it, what are they like, and how different are they?  Do others, upon seeing the light switched on in your home, wonder at the owner — the possessor of the finger that flicked the contraption that illuminated the room and altered it from darkness into a visually acute arena of human activity?

Why do we spend so much time pondering about alien lives in other worlds, in faraway universes beyond our very own, when scant little attention is paid to knowing about our next door neighbor?

Some would give a quick scoff at such a thought and quip, “If only you knew my next door neighbor — you wouldn’t want to know!”  And yet, it is always the one that is “just beyond” that attracts our attention — not the person sitting next to you on a train, or the woman with three screaming children on public transportation; rather, it is the unseen stranger who flicked on the light switch afar, whom we cannot see but by shadows that pass behind the blinds that veil; that is the person who sparks an imagination that there are other lives, other ways to live, and who remind us that the light in someone else’s home means that there are other ways of seeing things, living life and having different opinions, goals, dreams and conversations.

The objectivization of other human beings is the basis by which murders are committed, wars are justified and slogans are written; it is only when the warmth of a light that suddenly illuminates the darkness that prevailed begins to permeate one’s consciousness of what it all means, is when human empathy and compassion begins to form.

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, the light in someone else’s home is the one left unlit, and that is often why the harassment begins, the coworkers remain uncaring and the agency seems oblivious to your deteriorating health.

It often seems as if the world cares not; that, despite your years of loyalty shown, late-nights expended to complete an important agency project, or staying beyond the hours to finish the sorting, distribution and delivery — now it is supposed to be someone else’s turn to switch on the light and carry forth the mission.

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, may be the only option left.  Whatever the conditions, it is no longer the light in someone else’s home that should be of concern, but the darkness left in your own that needs to change, by preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to OPM.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Legal Representation: Lives abstract and pointless

It is easy to speak about others in an abstract and pointless manner.  What is more difficult is to engage the complexity of a human being.  When we refer in such a manner, and reduce to a conceptual entity, the minimization allows one to refer to “it” as an object of derision.  Thus can one subordinate and state without feeling, “Oh, X is worthless” or “Y is a waste of time”, as if the value of an individual can be quantified like mineral ore or spectrums of inestimable qualities.

It is the cognitive process which is likely unique to the human animal, and has been variously evaluated, assessed, judged and analyzed by different philosophical schools of thought, under multiple titles like “An inquiry into human understanding” or “The puzzle of the human mind”.

Abstraction, placement of sensible objects into forms of conceptual paradigms otherwise negated by the particular; these generalizations have a duality of purpose, of utility that can be moral or evil, deliberative or of pointless venue.  Obliteration of the particular is consistent with the capacity of a nation to subjugate and murder in mass quantities, for it is by the vehicle of objectification that the subject can be ignored and shirking of humanity can be achieved.

From the ashes of the Second World War rose the stems of Existentialism, and Sartre and Camus positing the anguish of dead souls unable to experience the fullness of life.  And thus was the hero an unlikely one – of a solitary figure toiling despite the severing of that which gives impetus to life: the relationship between meaning and motivation.  For, Sisyphus was condemned to engage for eternity in the monotony of toiling to push the boulder up the incline, only to have it roll back down, then to repeat the senseless act endlessly.

It is this metaphor applied to life itself, and by which existentialism sought to bring meaning and purpose to the human condition.  That is why relegation to abstraction and subjugation to pointless conditions became the clarion call of protest for the tide of human suffering, like the Phoenix rising from the ashes of war left to devastation and human misery.

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 the Federal or Postal positional duties, the experience of being referred to as lives abstract and pointless becomes a daily encounter; for, Federal Agencies and Postal facilities place value upon the Federal or Postal worker only so long as productivity and the advancement of the Agency’s mission continues; and thus is loyalty defined as a one-way street leading up to the Agency’s doorstep or the Postal Service’s bottom line; never does loyalty embrace the Federal or Postal employee’s medical condition.

Preparing, formulating and filing an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is a way to break that endless cycle of Sisyphean plunder; for, in the end, lives abstract and pointless are defined not by what “they” are doing, but what you – the unique individual – are capable to doing, and escaping the harassment and adversarial actions of the agency by obtaining a Federal Disability Retirement annuity is often the best and only choice to attain that purposive goal.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Medical Retirement: The things we leave for repair

What we attend to immediately; that which we procrastinate, and set aside; and, finally, the things we allow to falter, to deteriorate in a progressive decline of disrepair — slowly eroding, perceptibly corroding, a sight for sore eyes, as the proverbial adage goes.  And what if it is ourselves?

Of course, the cosmetic and physical fitness industry have cornered the market and turned selfishness into a virtue, and self-love into a cottage industry; something akin to, “If you don’t love yourself, how can you love others?” (or some such parallel inanity of vacuous nonsense as that); or even a better one:  Persuade the populace to eat more sugars and processed food, then blame them for nationwide obesity while simultaneously hooking everyone on the technological steroids of smartphones, computers and the acceptability of being couch potatoes; make sports into a spectator sport, video gaming into a money-generating interest, and all the while, open the floodgates of information dissemination and tell everyone how intelligent they are, or could be, because you need not memorize any facts or have the capacity to engage in critical thinking; no, you can always Google it if you need to know, and oh, by the way, a handful of individuals, unnamed, will control the bias of information on the Internet, Facebook and Twitter from which your feeds of knowledge derive.

Slowly, incrementally, rust forms on the edges of that which we leave for repair, with the admonition that we’ll “get around to it“, that priorities overshadow for the time present; and when we have more “free time”, we will attend to it.  If we counted up all of the seconds, minutes and hours promised by a new invention or a technological innovation, the aggregate would surpass the number of hours in a single day, and we should all possess the wealth of unlimited time.  But rust in the glint of morning sunshine reflects a glow of beauty nestled in the quietude of timelessness; of those things we leave for repair, it is that growing beauty which reflects our diminishing selves.

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 all of the essential elements of the Federal or Postal positional duties, the concept of leaving thing aside — important things — is well known and knowingly engaged.  For the work accomplished reveals the extent of self-denial; the “mission” of the agency, the volume of letters, parcels and packages to be processed at the expense of one’s own deteriorating health; the need to sacrifice for the good of the whole, at the expense of one’s own health.

In the end, for the Federal and Postal worker who comes to a point where 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, the things that were left for repair are those which needed most that neglected attention; for it is the “I” disregarded, the “me” left behind despite the self-identification of a named generation, and the hollow and gaunt eyes looking back from the mirror of time, where we keep “doing for others” when the one we forgot about in the collection and vast array of the things we left for repair, calls in a desperate cry for the tools left rusting in the untouched toolbox of an undetermined future.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The problem of inductive reasoning

The difficulties inherent in deriving universal truths from particular observations have been annotated throughout the history of logical analysis, from Hume to Popper, and continue to haunt attempts at scientific certitude.  That probabilities can be imputed, as opposed to arriving at undeniable conclusions, allows for that “wiggle room” which is the hallmark of modern science.

Today, where the intersection and commingling of science, politics and entertainment requires less than rigorous experimental verification, and where drug companies argue for fast-tracking of medications with limited-to-little trials, even of “controlled” ones — inductive reasoning, though unverifiable and certainly wrought with inherent self-compromise, nevertheless compels people to act.

The classic example of having seen only white swans, leading to the general conclusion that there exist only white swans in the entirety of the universe of such species, is merely a convoluted tautology in a world of untrained and unsophisticated populace.

Rigor in argumentation has been decimated; simple Aristotelian logic is no longer taught (leaving aside Bertrand Russell’s 3-volume compendium of advancement in symbolic logic through his work, Principia Mathematica); and instead, we are left with the inane comments and diatribes on Facebook and other chatter which camouflages for intellectual discussions (where are the Buckleys and the Hitchens of the world when we needed them?  Or is it that aristocratic New England accents and British elocutions merely sound of a higher order?), where cyber-bullying has pushed aside the quite reasonings of timid voices.

Of course, deductive reasoning, as well, can be criticized, and has been by insightful corners of cautionary esotericism; for, the question always begins, From whence did the universal statement in such deductive analysis derive?  Were they not, also, from singular arguments based on the particulars of observations?

But more to the point:  For Federal employees and U.S. Postal workers who are preparing one’s Statement of Disability on SF 3112A, it is important to recognized the problem of inductive inference, and not to engage beyond the factual basis of the medical reports relied upon and conclusions derived.

Be careful not to make vast generalizations and presume conclusions not referenced in the medical documentation attached; for, in preparing an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, to be submitted to the U.S. Office of Personnel Management, it is always important to stick to the relevant particulars of one’s case, and not get sidetracked into making unverifiable conclusions beyond the confining realms of logical validity.

Otherwise, you might be called upon to defend against Hume’s systematic dismantling of the soundness of inductive reasoning.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Medical Retirement: Myths of our own making

What stories we carry within our own heads; the narrative of our own lives, as well as the intersecting conveyances brought by others; the web of linguistic larcenies borrowed, bought and sometimes sold, become who we are and the essence of our being within the world of our phenomenology of existence.  Sometimes, when a lie is told and the piece of puzzle will no longer fit into the greater collage of the manifold tapestry we carry about within our psyche, a rearrangement of sorts must occur.

Perhaps, we discovered, through correspondence and other confirming evidentiary apparatus otherwise irrefutable, that the uncle whose reputation as the moral compass of fidelity had fathered an illegitimate child (of course, such an anachronistic term no longer applies, as marriage no longer validates legitimacy or otherwise).  Perhaps, a meeting with this “family” of prior anonymity becomes a necessity, which then opens experiential doors to other discoveries and nuances of life’s misgivings.

The narrative of one’s life, the connections intertwined and the stories told, must like the piece of a jigsaw puzzle misplaced, be rearranged or otherwise left blank, like the echo of a plaintive voice in a soft hum heard through a mist of cackling geese.  Are secrets worth keeping, anymore?

In modernity, where technology allows for the melding of myth and maxim; where demarcations between the creation of self and the posting of what constitutes the presentation of that being identified as the person who declares to be such, is merely one button away from the virtual reality of a gemstone shining in the moonlit cavern of a secret cave where treasures hidden from pirates of yore flutter with the ghosts of dead seamen and spinning yarns of horrors untold; what we are in the essence of our being has been replaced by the talent to tell of who we are not.  And yet — truthfulness, veracity, validation of identity, and certitude of conduct; they all seem to remain as vestiges of a necessary universe.

The myths of our own making have always been so throughout the history of storytelling.  Today, it is merely more so because of the plenitude of everyone wanting to tell his or her tale, and of every detail most of us don’t want to know.

For Federal employees and U.S. Postal workers who suffer from medical conditions which prevent the Federal or Postal worker from performing one or more of the essential elements of one’s positional duties with the Federal agency or the U.S. Postal Service, a unique sense of duality must be conquered:  there is the need, on the one hand, to “tell all” in the form of SF 3112A, the Applicant’s Statement of Disability; and, yet, what must be revealed concerns the most “private” of one’s narrative — that of the medical condition and the impact of the medical condition upon one’s professional and private lives.

“Myths” are not merely of make-believe; they are the stories told in traditional societies in order to make a larger point.  Indeed, the myths of our own making may sometimes include the fears we hold onto, as well as the uninformed presumptions we grasp at in a bureaucratic process which is both complex and administratively difficult to maneuver through.  Sound advice from a legal expert in the area of Federal Disability Retirement law will help to dispel the myths unwarranted, as well as validate the maxims required.

In the end, the myths of our own making often reflect the haunting fears of experiences we encountered in those days when childhood memories cast their shadows upon the dungeons of our lives, and when trolls and gnomes suspected to reside in hidden crevices scratch at the doorways leading to the most private of our inner fears.

Sincerely,

Robert R. McGill, Esquire