Federal & Postal Disability Retirement: Weight of evidence

When you walk into a room full of people, how does one differentiate, define, separate and discern?  Remember that once-popular fictional work entitled, Tarzan of the Apes by (originally) Edgar Rice Burroughs?

There is a scene (whether from one of the various versions depicted on screen) where young Tarzan is surrounded by a crowd of “civilized” individuals staring, prodding, looking on with curiosity — and the young man who had been brought up in the wild lacks the capacity to compartmentalized the sudden bombardment of overstimulation, and runs amok amidst the finery of a social setting.

How is it that we learn to differentiate and categorize from among the massive aggregate of stimuli directed at us?  Do we, as Kant posits, impose mental categories upon the chaos of the world?  How do we learn to determine the “weight” of importance, significance or even of relevance upon the various activities that surround, impart and become directed at ourselves or around and about our purview?

And in the legal context, how do we know what weight of evidence should be submitted, and how to organize it into a priority of relevance?

You know the old joke — or is it merely a “trick”? — Of telling a person to “listen carefully,” and misleading the listener into thinking that the question you will be asking concerns the number of people left, when in fact you are deliberately misguiding them, saying: “Now 5 people entered the elevator and it went up 2 floors, then 3 people got off and 5 more got on, then the elevator went up again 2 more floors, where 1 person got on and…”.  At the end of the “story”, the question posed is not, “How many people are left?”, but instead, “What floor are you on”?

The evidence for both are there; it is the weight upon the relevant information that was missed.

Or, of that eccentric oddball who watches an action-packed movie or episode, and at the end of it, while everyone is commenting about this or that favorite scene of explosions, mayhem and bad-guy-got-his-due scene, the odd-man-out says, “Yes, I thought that the person who wore the yellow tie should have retied it, because it was a bit crooked.”

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 Federal or Postal job, it is important to recognize the weight of evidence, the relevance of the information submitted to the U.S. Office of Personnel Management, and the significance of guiding OPM into viewing the evidence with a roadmap of persuasion.

Legal memorandums that delineate the evidence compiled, argue the law that is persuasive, and preemptively organizes the basic components in answering “why” a client is eligible — nay, entitled — to Federal Disability Retirement benefits, is important in light of the variety of evidence being submitted, not only by the applicant, but also by the Agency or the Postal Facility (which is not always favorable).

Is the Federal Disability Lawyer you have consulted or are about to consult, doing this?

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Employees: Minor pleasures

At what point does the transference occur?  Minor pleasures are those interludes in life that make for everything to become, and remain, worthwhile; sometimes, because of various tumults in our lives, the designation of “minor” becomes altered, and becomes “major” – like the dream fulfilled of that kid who toiled in the minor leagues for so many years and finally got his big break by being called up to the majors.

Is such an indication of a metamorphosis a harbinger of something else?  If the minor pleasures of life – coffee with a piece of chocolate; reading a favorite book; a swim in the ocean; an early morning walk (or run) with the dog; or even a weekend, afternoon nap – are suddenly taken away, what (major) consequences would accrue?  Does subtraction of it, or negation of the enjoyment, determine the substantive input and extent of the designation?

If it is missed to the point where it makes you miserable, does it indicate that it was never “minor” to begin with, but of major proportions all along, but you just didn’t realize it?

How about its opposite – a “minor irritant” – does that possess a meaning encompassing a parallel but corollary effect?  What if your “significant other” engaged daily in a habit that irritated you, but in a minor way – you know, those things that, when you were dating (or, to show your age, applying the anachronistic terminology of “courting”) or just hanging out together until you both decided to make the arrangement permanent, it all seemed “cute” and attractive, but now is a bothersome dig, but not enough to engage a war over – like blowing one’s nose loudly in public, or picking one’s toenails and leaving the remains on the bathroom floor; or leaving a door unlocked, etc.

At what point does a “minor” irritant become a major one?  When you get into a fight and you point out the laundry list of such irritants?

But take it in another sense – all of a sudden, that significant other dies or departs, and you realize that all of those irritants are suddenly missed, and you actually wish that you were tormented by them, because they amount to minor pleasures that awaken the dull sensibilities of life’s monotony.

Medical conditions can be like that – like a minor irritant that becomes a major complaint.  Or, the absence thereof can be the minor pleasure, where you remember that once, not so long ago, you were fit and healthy, and just the mere fact of a medical condition’s absence is a minor pleasure in life.

For Federal and Postal employees 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 question is, What is the point of life’s minor pleasures?  Is it to make everything else tolerable, or to be enjoyed regardless?

Filing a Federal Disability Retirement application is often not just a necessity, but a path towards regaining a sense of balance – of asserting those minor pleasures in life that have been erased and eradicated because of the constant harassment at work and the hostility that kills all joy.

Preparing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, is just the first step in the long road towards getting an approval from OPM. But it is a worthwhile step, especially if the goal of life itself is to enjoy those minor pleasures of living – like attending to one’s health as a priority in order to once again relish those minor pleasures.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: The work left undone

If life were merely a series of projects attended to, completed and accomplished with a declaration of unassailable certitude, like a period at the end of a sentence, the final paragraph of a novel, or silence upon a speaker’s conclusion; of a linear progression forever with movement on a horizontal graph; but it is not.

Instead, the circularity of life’s problems, of concerns regurgitated and revisited because unattended or otherwise reappearing, like the aunt who visits unannounced and the uncle exhaustively referred to as the “black sheep” of the family who appears at one’s doorstep with suitcase in hand; it is the boil behind the leg that keeps resurfacing, where the ill winds of unexpected vicissitudes keeping getting a second chance when redemption is unwanted and uncalled for, but nevertheless reappears for the salvation of one’s soul.

And, in some sense, it is a salvation, isn’t it?  For, if life were a series of work completed, never to be revisited but always working without need for repairs, we would realize the finite nature of the world and care not to attend to the past.  Instead, it is precisely the work left undone which compels us to keep plugging along, to rewrite the list by the items we crossed off and the ones we reordered; and it tells something about one, in the manner of how that list is reorganized.

Do the items yet remaining get full status at the top of the yellow pad in the new order of priorities, or does it remain again relegated to those unwanted and undesired categories, like the illegal immigrant somehow existing but forever ignored and unnoticed, without the full rights and privileges of the legitimized constructs arriving by arbitrary choice?  We were taught as children that the work left undone reflected a character flaw, but somehow, as we grew older, we realized that but for those things left asunder, the incompleteness of life would have no value, no meaning, and ultimately no reason to live for.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents him or her from performing all of the essential elements of one’s Federal or Postal job, the work left undone often presents a dilemma of sorts: the completion of one’s career becomes untenable; each day, one falls further and further behind; and of life’s lesson ingrained from childhood, that we should always finish the plate of food we are served, cannot be fulfilled, and so we ruminate and worry, fret and flounder in this farcical mythology of linear fiction.

For such Federal employees and U.S. Postal workers, preparing 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, is the best alternative and only real solution available.  For, what we were never told is that the work left undone is merely in the eye of the beholder, as beauty depends upon the perspective of the audience and worth upon the buyer who desires; and that the Westerner’s world-view of a linear-based universe is certainly not shared by the Easterner who comprises the greater part of the infinite panoply, as represented by Shiva’s circle of fire.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government Employment: The power of dialectical shrewdness

The Middle English noun form of the term connotes a conniving and negative tone, as in the focus of Shakespeare’s play, “The Taming of the Shrew”; but the adjective form merely denotes a practical astuteness in utilizing scarce resources in creative and constructive ways, whereas the altered noun form of “shrewdness” simply extends upon that kinder, gentler meaning.  When truncated as a compound concept with the term encompassing language and communication, however, it is meant to imply a practical force of conveying which sheds itself of unnecessary embellishment and unrequited force of utterance.

We live by narratives.  They form the foundation of who we are, the essence of that image which we carry about, and we readily push the proverbial “button” of the subconscious when queried about our past.  It is not so much that Grandpa or Uncle Ben are getting senile when they repeat the same stories, tell the parallel jokes, or convey the identical remarks from the previous merriment of holiday cheer; no, the narratives kept deep within the treasure troves of the inner soul and psyche are mere traces of a recording played with repetitive muse.

Can they be altered or amended?  Of course.  Can corrections occur? Always.

That is why, when a third party is invited to dinner, who by happenstance was present to confirm or deny a shared and common experience, or to correct a detail not heretofore known (it turns out that Grandpa wasn’t quite at the “first” landing of D-Day, but arrived a few days later as part of a “clean-up crew” in a more “administrative” capacity), the sudden need to rearrange and reorder the ensconced narrative forever frozen in a timeless eternity of thought, historicity and remembrances, becomes more of an irritation than a grudging concession.

That is why it is vitally of importance when a Federal employee or U.S. Postal worker who is preparing an OPM Disability Retirement application, to recognize a need to depart from the automaton-workings of life’s daily routine.  Language is more than a conveyance of directions and recipes to prepare a meal; it is the manner of osmosis for higher animals and angels unseen in a universe of trolls and trollops.

For the Federal employee and U.S. Postal worker who must 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, recognizing the power of linguistic shrewdness, wrapped in the methodology of forceful dialectical argumentation — of that combination of words, facts, forming narratives of undulating emotional sensations which reach down into the depths of souls unmoved, and yet pragmatic to the core because of the sufficiency of correlating and confirming documentation gathered and research unearthed — these are what make for the fine gold dust which must sprinkle from the wings of angels when the flight of the Phoenix must arise from the ashes of a Federal or Postal career ended by no fault of your own, but through a medical condition unplanned for and unnerving to the unknown exponent of a future to be followed.

Sincerely,

Robert R. McGill, Esquire

 

Federal OPM Disability Retirement: Parsing words and convoluted sentences

Choosing the appropriate word in linguistic expression is the corridor for comprehension; like weapons in the wrong hands and the capacity to push the proverbial button to initiate a first strike, the modern proponent of the elasticity of language has been accused of taking the parsing of it a bridge too far.  Of course, the general consensus is that lawyers “are to blame”; for, in engaging the fine-print and analysis of syntactic components to their exponential extremes, the convoluted manner in which meanings are twisted, coiled and folded into multiple layers of annotations, denotations and connotations, implies a loss of symbiosis between words, reality and the correspondence between the two.

Do words have any meaning at all, anymore?  Or, put in a different way and from a variegated perspective, must the word remain static, or be subjected to the interpretive emotional status at any given moment?  In a different context, such a question posed embraces an implied argument for the hermeneutical approaches that form the wide chasm in Constitutional theory — of “originalism” as opposed to the “living document” school of thought.

Whether one places significance upon the authorial intent, as opposed to the reader’s unconstrained translation of the contextual discourse, tells a lot about a person, his approach to life, and the manner of one’s capacity to evaluate and logically think.

In the end, it is perhaps the compromise between the two extremes which will hold sway with the ordinary person who happens to pick up a Shakespearean play and begins plodding through the double and triple entendres contained within, beneath, and every which way — that the greatest delineation of words and compilation of sentence structures must, however formulated and concisely aggregated, reflect a mastery of the word such that the here and now can be understood, but with a malleability open for playful interpretation.

This is an important point to understand — and for the Federal employee and the U.S. Postal worker who is preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, every applicant must write up a Statement of Disability in response to Standard Form 3112A, and while the questions necessarily and somewhat delimit the context and content of the substantive form provided, it is the careful parsing of words and the need to refrain from a convoluted discourse which must guide the Federal or Postal employee into presenting a cohesive narrative, a logical and methodological argumentation of persuasive weight, and a clarity of deliberative purpose which sways the reader — the administrative “specialist” at OPM — into granting a Federal Disability Retirement application with a responsive (but merely a “template”) letter stating with unequivocal and unmistakable bluntness: “Approved“.

Sincerely,

Robert R. McGill, Esquire

 

Medical Separation & Retirement from Federal Employment: Existence preceding essence

Once, in the vaunted Age of Reason, when Western Philosophy reached its pinnacle as the conduit of all knowledge, wisdom and human achievement; and when other disciplines fell under the umbrella and aegis of the methodological sanctity of its pursuit; then, it was determined that time was merely a linear ladder to climb, and all knowledge would be captured like the essence of heightened fragrances in a bottle of perfume, ever sweet smelling and able to conceal the undercurrent of stench.  But then came disenchantment, pestilence, wars and human cruelty — just the regularity in the rhythm of man; you know, those things that are inevitable.

It was thought that the “philosophical approach” begun by Plato and Aristotle would garner the collective wisdom necessary to construct the artifice of a just society.  What we forgot, however, is that “man is man”, and can predictably be counted upon to do those things he has always done:  take advantage; say things he didn’t mean; engage in the cruelest of activities, but describe it as that which is not; and as despotism and totalitarianism grew exponentially in ever efficient machines of death, the culmination of the ashes of human essence resulted in World War II, the death camps and the mass extermination of targeted populations.

The search for the essence of man and other entities effectively ceased, because — while the human species was recognized to have certain tendencies — it became clear that he “made it up as he went along”.  Thus, the thinking went, why not just admit it, submit to it, no longer resist it, and let it just “all hang out”.  Modernity is the just reward for the abandonment of reason; beware of what you ask for, as it may well be gotten.  And so the popularized banner of Existentialism was born — from the ashes rose the proverbial Phoenix, and no longer did we strive to attain the “essence” of human quality, but submitted to the idea that we first come to exist, and each day create our own essence.

Thus the popularized version:  Existence preceding essence.  And we see the evidence of such truth all around us.

For Federal employees and U.S. Postal workers who suffer the brunt of daily turmoil because of a medical condition, such that the medical condition no longer allows him or her to perform all of the essential (there is the form of that word again) elements of the Federal or Postal positional duties, the idea that human cruelty and consequential suffering is a normative standard, is really nothing new under the sun.

Meursault, in Camus’ major work, The Stranger, also saw the disconnect between man’s claim to compassion and humanity, and the actual state of being.

Federal employees and U.S. Postal workers who suffer from a medical condition and who find that the Federal Agency or U.S. Postal Service will fail them in every way, including the artificial attempts at “accommodation”, need to file 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.  For, there is ultimately life beyond the Federal Agency and the U.S. Postal Service — and one in which you may actually be able to create a “new essence” of yourself, beyond the mere existence presently lived in within the bureaucratic morass of your Federal Agency or the U.S. Postal Service.

Sincerely,

Robert R. McGill, Esquire