Federal Disability Retirement Claims: The constant pruner

Without the constancy of the activity, the growth itself saps the life within and extends to expend energy that ultimately reacts with a self-immolation that harms itself.  Pruning is a necessary activity to lop off the unnecessary; otherwise, the diseased branches and the weakened limbs rob from the underlying life that needs less in order to live more.

Limbs that have weakened and are dying; the weak extensions that are yet strong enough to cling on as useless appendages that refuse to break and crack despite the winds of storms that test and weed out; and in clinging, deplete the sap of life that must still run its course through to the end of each.  The constant pruner knows that less is more; that by lopping off and ending the dependencies, the life that remains will be extended all the more.

So much of the world reflects the same approach; history is a constant pruner, of importance, significance, relevance and of what remains within the consciousness of a living society.  Bodies need pruning; or, at least, a refinement and readjustment, just in order to survive.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, there is a reflective duality in the act of pruning: for the Federal agency or the U.S. Postal Service, they may look upon you as that useless appendage that must be pruned, leading to a systematic campaign of pressuring you to either resign (self-prune) or terminate (a third party act).

For the Federal or Postal employee, the steps necessary for “pruning” can involve:  Resignation; Filing a Federal disability retirement application; or just “staying put” — which, in the end, is an inactive, passive way of self-pruning, anyway, because it will ultimately lead to one of the first two, in the end.  The question is: Do you want the agency or the Postal Service to do the pruning, or do it yourself?

In order to prepare, formulate and file an effective Federal disability retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal employee is under FERS, CSRS or CSRS Offset, it is necessary to first take out the metaphorical “shears” by consulting with an experienced attorney who specializes in the law of Federal Disability Retirement.

That is the beginning of becoming the constant pruner — to first learn, then to proceed, lest you lop something off that should not have been.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Representation: Conversations

What is a conversation?  Or, is it an empirical phenomenon that — only when we are in the middle of it — we know as we experience it, but otherwise is undefinable?  If there are 5 people in a room but only 1 is doing the talking, is a conversation ongoing?  Must there be a “back and forth” give and take, or must something more be involved?  If the same 5 people are in the same room, and all of them are talking all at once, does that rise to the level of a conversation?  Does interruption and talking over one another undermine the definition?

What if there is extraordinary politeness — of each waiting his and her turn — and where no one interrupts, there is a pause between each discourse and a civility beyond mere lack of rudeness, but upon listening, one realizes that each one of the individuals is speaking about a completely different topic, and there is no interaction or even acknowledgment that anyone is listening to anyone else — does this all of a sudden undermine the concept of what is occurring?

This is an Age of Discord — of intractable positions taken, where the foundations that once formed the Age of Reason have been decimated and we are left with empty voices of loud vehemence, hollow in content but roaring in volume.  Truth, objectivity, logic and rational methodology — the very essence of discourse and conversation — have been hollowed out and cast aside.

It is now in camps of “us” against “them”, but the singular missing component that has devastated the capacity to have a conversation is the one that no one ever talks about: The ability to recognize and admit that someone else’s argument is superior to one’s own.

When was the last time you heard someone say: “Hey, that argument is quite good and persuasive.  I think you are right.”?  Instead, it is the familiar refrain: “That’s just your opinion.”  And as the volume of decibels increases, the content of substance proportionately and precipitously falls.

There are, of course, various levels of conversations, but one level is clear: Listen to the other side.  This also includes reading, recognizing and understanding the applicable statutes in an administrative process in order to meet all of the elements of the burden of proof.  Being intransigent and stubborn are qualities that makes one feel empowered, but concurrently, are often self-defeating.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal and Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, it all begins with knowledge — of the statutes, the case-law and the precedents that apply.

We may all have to concede that the Age of Conversations is over; what we may be left with is a process where, at the very least, one must listen and try to learn.

Federal Disability Retirement is an administrative process which is never simple, and must be approached with knowledge, tenacity and an ear to listening to what is needed in order to meet the eligibility requirements.  Having a medical condition is a start, but it is not enough.  And like conversations that may have started but puttered out without fanfare, preparing an effective Federal Disability Retirement application will take more than talking about how we “feel”.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation Federal Disability Retirement: Other worlds

We can imagine other worlds in which things are different; science fiction does it all the time, and even traditional literary fiction – though the differentiation between “science fiction” and “regular fiction” can often be lost in esoteric and academic ways – can depict other worlds not quite familiar, though recognizable enough to keep it apart from fantasy or that of the bizarre.

We can imagine, for instance, a world in which a pot of water sits upon a burning stove, but the pot never boils because the heat from the burner never transfers its element to the water; and so the isolation of each entity remains unmoved, as each fails to influence the other.  Or, that rain falls, but nothing gets wet.  What about people?  Of a persons who talks and talks and everyone hears, but no impact results.  You say to your friend, “A skunk has climbed up on top of your head,” and the friend responds, “Yes, thank you,” but does nothing and goes on with his or her life.

It would be a universe where we are consumed and subsumed within the universe of our own thoughts, and the world around us remains separate, isolated and without influence upon entities remaining placid, implacable, undisturbed and without any capacity to embrace the causality of an effect that remains otherwise unperturbed.

Come to think of it, that somewhat describes the world we actually live in, doesn’t it?  It started out as some science fiction genre – other worlds – and yet the universe that was described, of a world where people talk and no one listens, others hurt and no one helps, and the gravitational pull remains isolated to the planets within a galaxy, but never extending beyond to the human lives that populate this earth.  Isn’t that what occurs in this world, today?

People lie to themselves thinking that they have hundreds of “friends”, and yet sit alone in an apartment staring at a glowing piece of machine called a computer, and converse quietly on Facebook and through other social media outlets, yet never say a word; and the “conversations” on the medium are merely a series of rants and raves, and at the end of the late evening, everyone goes home.  People live with great wealth – of extravagance of living never seen heretofore in this or any other universe – while others barely make a living; and the impact felt moves not a teardrop or a sigh of resignation.

Federal and Postal employees live in such a universe, especially when a medical condition begins to impact the Federal or Postal employee’s ability and capacity to perform all of the essential elements of his or her Federal or Postal position.  The agency doesn’t care; the postal facility is indifferent; no one says, “Ah, we need to do everything to help you out so that you can get better!”  Instead, we rely upon quiet laws to be enforced, so that our “rights” can be protected and compelled.

Other worlds are not mere fantasies that we dream up; and for the Federal or Postal employee who must take the next step in preparing, formulating and filing an effective Federal Disability Retirement application, welcome to the bizarre universe of an administrative process that cares little about injured or hurting people, but one in which the cold bureaucracy of laws and rights must be enforced in order to assert that which remains unmovable in the face of a medical condition that won’t go away.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement from OPM: The key

It is both a tool of utility in order to gain entrance and accessibility to an otherwise abrupt encounter with an obstacle barring further forward progress, as well as a well-worn metaphor appropriately applied to miracles, magic and moments of mandatory martyrdom.  It is a wonder that a slight defect in the metallic shaving of the implement can allow for the turning of it, and opening into the entranceway, but for that additional indentation; or of a barcode smudged which refuses to make an allowance.  In either case, whether as a physical tool or an electronic pass embedded in the plastic sheen of society’s muse, what it opens is the foundation for its very existence.

Accessibility is the key, or so we are told; and the key, well, that is what must be sought, earned or otherwise stolen by stealth or whatever other means of perpetuity engaged in order to embrace the incantations of eternal youth.  It is that mythological “fountain of youth”, after all, which we seek; and the key to gain entrance into the club of rubbing elbows can only be obtained by smarts, good looks and intellectual prowess.

Time was that we were all sold on the idea that education and hard work was the “key” to success; but then, it turns out that the system itself was somehow unfair and weighted in favor of one class or group over another, and so the tinkering began, to right wrongs which otherwise wrongfully righted past and historical wrongs, by asserting rights previously unknown to have existed, but which now could be miraculously discovered in the subtext of originalism where intentionality could be denoted through greater concentration and willpower to discern.

The greater key, then, became who you know, what levers of power could be pulled, and the insider trading of such greater knowledge, while all the time throwing breadcrumbs to the greater masses in order to appease the rumblings of starvation times yet to arrive.

It is always a key of which we seek; whether by force, by protest, by assertion of rights unearned; and when we lose them, we scream with frustration at the unfairness of the gods of fate whom we turn to only when destiny denies the promised predetermination of an outcome-based society lost forever in the hollow utterances of vote-getters, who also seek the public arena of keys revealed in goodie-bags dispensed with public funds.  For, when doors close and open by devices of mysterious barcodes, the suspicion that something else is going on behind such closure and obstacles to accessibility somehow reverberates with a truth left undeniable.

The truth is, there is no single “key” to life’s puzzles or perennial questions remaining without answers; life itself is too wide an expanse, too great a concept, and too generalized a thought to allow for a device to insert into an emptiness of soul in order to turn and open for a final solution to a door otherwise unopened but by those who expend the greater effort.

For Federal employees and U.S. Postal workers who seek the “key” to questions unanswered in 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, there is no “master key” to uncover in order to understand the complex administrative process in such a greater bureaucratic morass.

Instead, the fundamental key to first determine is to prove that the medical condition suffered by the Federal or Postal employee prevents the Federal or Postal employee from performing one or more of the essential elements of one’s positional duties.  From there, the unlocking of inaccessibility will be determined by the key of legal criteria, opened only by those who possess the barcode of cogent argumentation upon uncovering the keyhole allowing for a nexus between the medical condition and the legal penumbras of technical application.  And, like all keys, it is that extra little shaving and indentation which will allow for accessibility, and turn the tides of a life otherwise barred.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement for Federal Employees: Potentiality extinguished

Aristotle addresses the concept well; of the inherent nature of being not defined merely by the state of current existence, but encompassing the finite potentiality of what it is yet to be, as well as being based upon the historical lineage of origination.  Only within the context of that truism can children be treated as more than mere commodities of sweatshop workers, as in the days of Dickens and the Industrial Age empowered by the need for cheap labor; and on the other side of the spectrum, the old and infirm whose contribution to society has reached its apex of productivity, and is slowly receding into the sunset of former days filled with youth and vigor.

Without the argument of potentiality progressing linearly towards actualization, we are left with Camus’ world of the absurd, the loss of any sense that the Phoenix would rise from the ashes of forgotten civilizations, and the eternal loss of beauty reflected in a fluttering butterfly caught in the quietude of restless twilight, with wings shorn and shredded by timeless envy when humanity disappeared, love was forever forgotten, and the laughter of children playing in the sand no longer brought a smile upon the grandmother sitting in a rocking chair of timeless hope.

Organizations tend to do that; modernity almost guarantees it; and the unstoppable march of bureaucracies and administrative agencies possess a subtle manner of extinguishing that innate potentiality with which we once glowed like an insatiable torch bright upon a conquered hill.

Federal employees and U.S. Postal workers who once viewed his or her career in “that way” — of a limitless expanse for doing good, in accomplishing important and relevant missions, and abiding by the complexity of the system but always with a hope that one can impart significant change from within — often become disillusioned and disengaged, once the bump of reality impedes upon the dreams of yesteryear.

And for Federal and Postal employees who suffer from a medical condition, such that the medical condition prevents the Federal employee and the U.S. Postal worker from performing one or more of the essential elements of one’s Federal or Postal positional duties, the dent of stubbornness encountered begins to wear upon the soul of hope.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset, is often the only route available when the incremental insidiousness of resistance to change, adaptation and responsive loyalty is spoken of with silence and increasingly hostile and punitive actions; for, in the end, the Federal or Postal worker who is no longer wanted by the Federal Agency or the U.S. Postal Service, must recognize that the potential for the extinguishment of potentiality exists in reality, and it would be a real shame to allow for such potential extinguishment to become an actualization of fated potentiality.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Of true discourse and debate

A title immediately becomes “suspect” when the prefatory insertion of the word “true” is necessitated.  For, the noun which it is meant to enhance should be able to stand alone, without the reinforced embellishment that it is somehow more genuine than with the cousin’s uninvited presence.  It is like referring to a gemstone as a “valuable emerald” (what, one queries, would constitute an invaluable one?), or that such-and-such is a “very religious priest” (as opposed to an irreligious one?); and so to refer to the methodological approach of discourse and debate as one which is “true”, is to immediately undermine the very meaning of such a beginning.

But in modernity, where meaning has lost its efficacy and the elasticity of language has become epitomized by mindless You-Tube videos and an endless stream of nonsensical declarations preceded by a belief that, as pure relativism is rampant and presumed, it matters little who holds what opinion, the content of what is said, and not even the tone of intended consequences.

Once, in years past, there were “rules of engagement“, but three (3) foundational precepts needed to be followed in order to engage a valid discourse and debate.  First, that a distinction could be made between truth and falsity.  Second, that there existed a “superior” argument, based upon the combination of facts and rules of logical argumentation, in contradistinction to an “inferior” one.  But third — and this is the missing component in today’s endless shouting matches on television and radio waves — that each participant possessed a level of humility such that upon recognizing the inferiority of one’s one argument, a voluntary concession would be made, admitting to the superiority of the opponent’s argument.

While everyone recognizes and acknowledges the structural weakening of the first element, it is this last one which has devastated the entire process of today’s discourse and debate.  Of relevance to 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, is the extent, content and relevance of making a legal argument, and to what effectiveness and efficacy of substance, in preparing, formulating and filing for Federal Disability Retirement benefits with OPM.

In the end, bureaucracies are based upon the power of its established conduit of administrative complexity, and OPM is no different.  The U.S. Office of Personnel Management is made up of ultra-competent individuals who take their jobs very seriously, as well as with a mixture of some who are less than stellar.  That is the general make-up of all such organizations and governmental entities.

The structure of the right to appeal, however, is why a cogent discourse and debate must be prepared.  If the U.S. Office of Personnel Management denies a Federal Disability Retirement application twice (at the initial stage of the process, then again at the Reconsideration stage), then the Federal or Postal Disability Retirement applicant can file an appeal to the U.S. Merit Systems Protection Board.  There, the Administrative Judge will hear all of the arguments made, afresh and anew, and consider the lack of constructive engagement and “weak points” of OPM’s arguments.  That is where all true discourse and debate must begin — before an audience with a listening ear.  And there we have that complementing and undesirable cousin again —  the “true” X, as opposed to an untrue one?

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Throwing caution to the wind

Rash acts rarely reward with corresponding clarity; it is in the very thoughtlessness which denotes the chasm between man’s vaunted rationality and the capacity for folly.  In the end, the very idea of throwing caution to the wind shows the precursor of a necessary posit:  In which direction is the wind blowing?  For, if what is thrown is rebounded right back, like a boomerang designed to be handed back to its originator, then what use was the initial act?

Even acts which appear to be based upon folly, youthful exuberance or momentary madness, must by fiat declare itself as predisposed to prior deliberation; otherwise, rashness become ineptitude, and allowance remains arbitrariness.  It is, indeed, this notion of man’s necessity by self-definition to determine his or her course for the future by already-known steps and discerned future; yet, the future is precisely that — a time somewhere hence which defies definitive boundaries of clarity.

For Federal employees and U.S. Postal workers who must consider 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 very issue of filing and becoming medically retired is often forestalled precisely because such an act of filing for Federal OPM Disability Retirement is often tantamount to throwing caution to the wind.  Yet, determination of actions must not always be governed by rational discourse of thought; instead, the human condition itself will often reveal the ineptitude of cautionary hesitation.

There is a wide chasm between thought and action, and evolutionary biology inserted the space of hesitation for a good reason:  data left uninterpreted is mere information of useless value.  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 gap between thought and action is nothing more than fear unbounded.

Filing for Federal Disability Retirement benefits through OPM becomes a necessity, precisely because caution can no longer be the reason for hesitation; the winds have already shifted, and what will be blown back in rebounding ferocity is the agency’s punitive actions for refusing to leave, and not the spit which you tried to force into the face of the gods of fate.

Sincerely,

Robert R. McGill, Esquire