Early Retirement for Disabled Federal Workers: Playing with words

What does it mean when a person alleges that you are “just playing with words”?  It is like the non-lawyer public who charges that a certain criminal “was gotten off on a technicality”, whereas the universe of lawyers sees that as a tautology:  Of course the person was found innocent based upon a “technicality” — for, isn’t all of law just that: a technicality?

There is, of course, some kind of implication that seeps beneath the surface of such a charge — that there is an inherent dishonesty in the manner of speaking certain words; that there is an “intended” or primary meaning of the usage of certain words, phrases or concepts, and that when they are taken out of context, seemingly used for a different, perhaps nefarious or self-interested purpose, then one is “playing with words” because dishonesty must by consensus be the condemnation of words used as toys in the hands of a thief.

What would the negation of the allegation be: of a person who declares suddenly, “You are not playing with words”?  Is that the appropriate charge when a person is blunt — like the current political arena of this new breed who says outright that which others merely reserve thoughts for in the privacy of insular lives?

Is that what diplomacy is substantively about — of “playing with words” so that double and triple meanings can be conveyed, leaving everyone paralyzed and motionless because no one knows what everyone else is thinking — at least, not in any precise manner?

Or, perhaps there is a different sense, as in: Words once upon a time held a sacred status and when we demean, abuse or misuse words in a certain way, then we can be charged with “playing with words”.

Sometimes, there are instances in which meanings are “stretched”, or when conclusions that are declared in an unequivocal manner do not coincide with the findings made or the evaluative analysis conducted, and so there is a “disconnect” between fact-finding and conclusion where a person declares unequivocally:  They are just playing with words.

For Federal employees and U.S. Postal workers who suffer from a medical condition where 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, 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 become a necessity.

In that event, recognize that the entire endeavor is a complex administrative and bureaucratic action that must engage the arena of “words” — and some of it may involve the “playing of words” in the sense that you may have to tinker with different sets of words where comfort and becoming comfortable with unfamiliar concepts and phraseology “come into play”.

When an individual — you — who suffers from a medical condition which you must then step “outside of yourself” in order to describe yourself in “objective” terms, then it can become an oddity which may seem like you are “playing of words”.  In such an event, it is often of great benefit to consult with an attorney so that the very person utilizing the vehicle of words in describing one’s self is not the same person “playing with words” as the very person who suffers from the descriptive words being played with.

Sincerely,

Robert R. McGill, Esquire

 

Attorney for Federal Disability Retirement Claims: Next Steps

It is the previous step that determines the following one, and the one before that which closes the alternatives for multiple other pathways; in the end, sequence matters, protocol can make a difference, and how one takes the steps, in what direction, by what methodology — these are all important considerations to contemplate.  What the endeavor is; by what means one is attempting to achieve the end-result; and the manner in which the goal is reached; the attempt the take a short-cut will often result in only a short-lived gain, but often with long-term consequences that, upon reflection, made the short-cut pay a price greater than the worth of the gain.

Next steps are important; each step, whether previously taken or subsequently considered, are also obviously of significance, but one could argue that those already taken cannot be reversed or, if reversed or retraced, may complicate matters more, whereas the “next step” yet to be taken may impact all previous ones already established and thus must be considered in light of the consequences likely to ensue.

Whatever has already occurred in the past cannot be undone or, if it can, must be retracted with care such that any retrospective refashioning of previous actions taken will do no greater harm than that which has already been consummated.  It is always the “next steps” that are the crucial ones, for they will determine not only the efficacy of all previous ones, but further, will either validate or undermine all previous ones heretofore taken.

For Federal employees and U.S. Postal workers who are considering 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 next steps you take may be the critical ones that determine the success or failure of the entire complex, administrative and bureaucratic process you are attempting to undertake.

What statements are made as reflected on SF 3112A, the Applicant’s Statement of Disability; the sufficiency of the medical reports and records gathered, to be submitted as Attachments to your Federal Disability Retirement application; whether you answer and address the issues concerning accommodations in the workplace sufficiently or in what manner; whether you have an adequate understanding and comprehension of your rights with regard to Federal Disability Retirement Law; these and many other “next steps” may well determine the future course of actions previously taken, ignored or otherwise not initiated.

Perhaps the “next step” should be to consult with an attorney who is knowledgeable about Federal Disability Retirement Law, lest the “next step” be the one that leads to an unforeseen stumble, where that next step leads to a misstep or the following next step after that cannot occur.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Expertise

What constitutes it, and who determines the status of when it is achieved?  We hear about people who are “experts” in this or that, referring to either experience, association or credentials, and based upon that, we accept their status of being an “expert” in the field.  Can that be undermined by personal experience?

Say a person has a Ph.D. in a given field, has worked in the capacity of that field for 30 years, and everyone in the field refers to him as the “resident expert” or “the best of the best” in the field; and yet, in a given situation calling for his or her expertise, he or she fails, is wrong, or otherwise falls short of having provided any competent input.  Does that undermine the expert’s status as an expert, or does one shrug one’s shoulders and say, “Well, you can’t be right all of the time”?  Say a “non-expert”, during the gathering of expertise and amassing of various opinions in making a critical decision, suddenly pipes up and says something contrary to what Dr. X – with-the-Ph.D-with-30-years-of-experience believes and has stated, but in the end he turns out to be right — does that make him or her the new resident expert?

There are, of course, the various logical fallacies — like the fallacy of “association by reputation” or of presumed certitude based upon past experiences (refer to David Hume, for example); but the ultimate question may come down to a simple grammatical one: is the concept used as a noun, an adjective or an adverb?  How does one “gain” expertise, or attain the status of an “expert”, and can it be by experience alone, a credential earned, or by reputation gained — or a combination of all three?

How did Bernie Madoff swindle so many people for so many years?  Was he considered an “expert” in financial matters, and what combination of the tripartite status-making byline (i.e., reputation, experience and credentialing) did he possess to persuade so many to be drawn to him?  Or, is it sometimes merely greed and a proclivity of vulnerability to a good storyteller enough to persuade one that a certain-X is an “expert”?

For Federal employees and U.S. Postal workers who have come to a point in their lives and careers where a medical condition has begun to impact one’s ability and capacity to perform one or more of the critical or “essential” elements of one’s Federal or Postal job, a certain level of expertise may be necessary before 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.

Ultimately, it is not “expertise” or some prior reputation that is important, but the accuracy of information received and the truth of the knowledge relied upon — and for that, one should do due diligence in researching not merely the “credentials” of those who declare some “expertise” in the area of Federal Disability Retirement Law, and not even self-puffery of self-promoting success, but in addition, an instinct as to the truth of what is stated.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement under FERS & CSRS: Where we are

Wherever we are, we believe that is where the focal point of life resides.  Yes, it is a truism that the wider the travels, the greater recognition that one’s life is relatively insignificant, and that there are others in distant places where greater importance and relevance is objectively established.

But the subjective, human perspective cannot ultimately abandon the compass of where we are; for, it is the center of the compass itself that controls the direction of the gravitational pull, and while the North Pole may be where the forces reside (including Santa, all of his elves and helpers, and presumably Rudolph and the offspring), the perspective of where the arrow points remains constant:  It is the I, where I am and what circumstances impact me (in whatever form the personal pronoun is enunciated).

Is it an inevitable perspective – this egoism of the subjective “I” from whence the world is viewed, around which swirls the universe that rotates, churns and erupts in unanticipated transcendentalism encompassing the universal karma denoting an insignificant place in the warped historicity of mankind?  Or, is it possible to have been brought up in a community where there is no word within the language game of the collective peoples that points back towards one’s self?

Thus, the “what if” game:  What if there is no personal pronoun?  What if the perspective embraces only some other, such that each views the importance of the other and the relative irrelevance of the one who perceives the other, such that there is no one but the ego in a reflection of a mirror pointing to someone else – would that make a difference, such that there would therefore be no personal possessiveness, neither in grammar nor in envious jealousies of owning that which is everyone else’s?  Can a person exist without being erased and stamped out, in a society where collectivism is constant and self-realization is an alien concept unable to be comprehended?

But that is not so; here, in modernity, there is but the subjective “I”, the royalty of self, and the self-importance of the fanfare where each and every one of us seeks and relishes the quarter hour of fame, now transformed into reality television shows and Selfies on an extension pole, or by min-drones hovering with a camera taking aim at every movement of our selfish worth.

For the Federal employee and U.S. Postal worker who must prepare, formulate and file an effective Federal Disability Retirement application, be cautious in determining “where” one “is” – for, an effective Federal Disability Retirement application can quickly become consumed by the subjective “I” in the narrative delineated in the Applicant’s Statement of Disability (SF 3112A).

To be an effective Federal Disability Retirement application, there must by necessity contain and retain a certain sense of objectivity, tempered by the medical documentation and evidentiary compilation to be submitted.  Yes, yes – where we are is important in life, but remember always that where we are is only relevant from the vantage point of where we want to be tomorrow, and the day after that.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Medical Retirement: The speechless silence of treachery

Treachery must by definition remain speechless; and it is in the silence of back stabbing in the cloak of darkness that one’s malevolent intentions become known.  In war, the act of such duplicitous betrayal is termed as an offense justifying execution; in business, the meter of rascality on a pendulum of public opinion ranges on a spectrum of embezzlement, insider trading or a keen sense of capitalistic endurance; and in friendship, it is merely the weeping vicissitudes of emotional upheavals.  It is the faithless double-cross of dual lives; of informants tipping the scale to the advantage of one’s sworn enemy and allowing for massacre of innocents to occur.

Where does conscience fit in, and where do scoundrels scurry to when the open light of day shines the revelation of actions deceitful like the snake in the grass and the insidious cannibalism of overturning honor, dignity and a snow-white heart of an eternally blackened soul?

To turn one’s back against friendships previously thought to remain inviolable and eternally of faithful concerns; to whisper secrets into corners blocked by history, hatred and enmity of ethnic cleansing; but to engage in such treachery requires a context of fidelity and honor without vice, where a society’s norms and conventions of acceptable behavior provide the fodder for allegations of misconduct; the question is, Do we have such constraining rules of engagement, anymore, to argue for a viable charge of treachery?  Or, has language subsumed all, and opinions are elevated to the level of moral equivalency, such that the speechless silence of treachery means nothing more than the din of cackling laughter reverberated down the hollow corridors of timeless dissent?

Rare is the person in modernity who holds to obligation more than to personal desire and self-satisfaction; and if profit for one’s own constitutes the sum total of a moral foundation, why not treachery?  But then, Why in speechless silence?  Or, is there something innately refutable, instinctively discernible, in an act of malevolent double-crossing, such that even by acts of Wittgensteinian language games where contingency of meaning of verbs and adjectives still rise above the linguistic gymnastics of twisted minds?

There are dangers in lives of duplicitous bifurcations; beyond the spy who comes in from the cold, for Federal employees and U.S. Postal workers who begin the process of 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 question often queried is:  When, and to Whom, does one confide?  The natural follow-on question is:  Of What, and to which extent?

It is peculiar how the administrative process of Federal Disability Retirement brings out into the open light the verbal distinction between “friends” and “true friends”; or, “allies” and the counterpart, “real allies”.  There are few rules to follow when considering the dangers inherent in the speechless silence of treachery, and preparing, formulating and filing for OPM Disability Retirement benefits almost always reveals that traitorous acts are not limited to the fields of war, and silence left speechless should never result from surprise attacks engaged from corridors left unsuspected by innocent utterances.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: From Whence We Came

It is often quipped that the advantage of human psychology is in our short memories; otherwise, we would walk around with greater angst than we deserve.  The accomplishments achieved; the accolades left unstated; perhaps in menial tasks or ones of recognized significance; but in any event, a career, all told, which spans a decade or more, will always have a sense of achievement, if only for the steadfastness of commitment itself.

In this day and age, where millennials change jobs as often as infants of diapers, the career of a Federal or Postal worker which spans multiple decades is an anomaly itself.  Whether the goal was to make that 30 years, or simply because the Federal or Postal employee liked what he or she was doing, matters not.  Commitment in and of itself is an achievement.  Thus, when a Federal employee’s or a U.S. Postal worker’s career is cut short because of a medical condition, such that the medical condition necessitates the 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 regrets foretold or the dismay of a career cut short, should always be replaced with memories from whence we came.

Staying with a Federal or Postal job for so many years reveals a steadfastness of purpose; but where priorities intersect and interrupt, especially when it comes to one’s health and future security, filing for OPM Medical Retirement benefits is meant to salvage such a Federal career by allowing for an annuity to stabilize one’s future, and to consider taking that experience one has amassed into the private sector for a possible second vocation.

Memories; they are funny animals; and for humans, allows for visualization and imagination from whence we came.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The Environment

There is pervasive talk about the importance of containing toxic waste dumps, keeping our air and water clean; of limiting the dumping of animal feces into our oceans, rivers, streams, etc.; and, indeed, there are agencies and departments created by State, Federal and Local governments devoted to enforcing laws designed to protect us and preserve the pristine condition of our “environment”.

But what of toxic environments of another sort?  What of the poison inserted through malicious intent?  Of the constant harassment and hostility used to intimidate, cower and attain submissive unraveling of defiance?  For those, there are designated courts, commissions and laws passed to protect, for purposes of prosecution and pursuit of money damages.  Of course, the results from either and both arenas of judicial relief are difficult to quantify; whether and to what extent pollutants were introduced into the environment, and by whom; or of what level of toxicity caused harm and damage to an individual; the qualitative measure of damages is always difficult to ascertain.

It is, ultimately, only from the personal perspective and experience that one can gauge the damaging results.  For the Federal employee and the U.S. Postal Worker who suffers from a medical condition, such that the medical condition begins to impact the capacity to perform one or more of the essential elements of one’s job, there is often a parallel track of pursuing Federal Disability Retirement benefits and concurrently to go after the individuals or organization that discriminated because of the disability acknowledged and recognized.  For the Federal or Postal employee who attempts to secure some semblance of “justice” in the process, the goal of the law has been misdiagnosed:  Justice is not the stated teleological motivation of statutory relief; rather, it is a means to appease.

But at what cost?  To what end?  By whose measure?

Filing for OPM Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, sets a specific goal:  cut one’s losses and move on in one’s life.  By filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the Federal and Postal employee is able to leave the toxic environment which may have even contributed to one’s medical condition or disability, or at the very least, exacerbated it; by fighting it, one must remain within the very environment which one is attempting to escape from.

Like Father Damien of Molokai who helped lepers live with dignity as a separate individual from without, but who later contracted the disease and died as “one of them” within, the Federal or Postal employee who files for Federal Disability Retirement benefits may want to consider the consequences of the dual track of environmental toxicity before taking on a behemoth of mythical proportions, as opposed to preparing, formulating and filing for Federal Disability Retirement in order to exit the poisoning atmosphere.

Sincerely,

Robert R. McGill, Esquire