Filing for OPM Disability Retirement: Goals of abstract purity

Idealism allows for the plethora of such concepts; cynicism born of age and experience quells the exuberance of such vaunted beginnings.

When we were young — no, not the opening lines of a Christopher Robin poem where the hunt for a clove of honey is the day’s goal, but an observation about life’s folly — we harbored principles and moral codes that required strict purity: Success without compromise; life that is perfectly lived; avoidance of mistakes that our parents made; beautiful kids who will exhibit their inherent creativity at every turn, without a wail or disobedient scream of tantrum; and even if such goals of abstract purity never come to fruition, at least there is Instagram in the modern era where we can pretend to have achieved such paradise of ends considered.

Youth pretends to such abstractions; reality tends to soil such purity; and goals formulated at the beginning of life require constant moderation and adaptation to the experience of reality that is encountered throughout.  Such goals of abstract purity are best left in the Ivory Towers of Academia, or in the forgotten memories of childhood dreams.  For, it is reality and the objective world which must be contended with, and not the conceptual paradigms that make up the dreams and fantasies of our former selves.  In the end, grownups don’t have time to waste upon the goals of abstract purity because life is too challenging and reality too stark.

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 position, the Goals of Abstract Purity should be replaced with the Ends of Realistic Objectivity: Of continuing with the Postal Service or Federal Agency only to the extent that one’s health will allow, and to begin the process of preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management under FERS.

And what of those former Goals of Abstract Purity?  You should place them upon the heap of memories that allowed for youthful folly, and realize that one’s health is the ultimate goal of purity — and it is no longer a mere abstraction, but a reality that must be faced.

Sincerely,

Robert R. McGill, Esquire

 

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

 

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

 

Medical Retirement from Federal Government Employment: The Mercenary

Why is it that money taints with toxicity of motive?  If a person does something with no compensatory demand, does that fact alone make it less suspect?  Does the professional soldier who gets paid by one’s own country show a level of patriotism unblemished, but the one who hires out for monetary rewards by another, belie a code of honor?  What gives the scent of blemish, the hint of a soul’s impoverishment, and the sullied character of an inner decay?

Are we merely taught to remain in silent awe at the poor woman in the story of the miserly penny, and frown if a child begins laughing and saying, “What a fool to give up the last penny!”  Are saints born, or are they taught and disciplined, when the innate signs of cynicism may yet win out over the empathy of a fool’s errand?  What good is “goodness” in an evil world?  Do we remember Bonhoeffer, or was his courage forgotten amidst the thousands of graves both marked and without remembrance, in a world where community no longer exists and friends are counted by Facebook likes and never by the warmth of human comity?

Somehow, money taints, and the toxicity of the transfer sticks like mud to the boots of a killer, leaving tracks and traces in the bogs of lives tarnished.  Yet, it is the exchange by which dreams are made, the goal for which daily toil is endured, and the chances taken in bribes received in order to attain a measure of financial security and the declarative success of an age where hypocrisy dares to utter its laughable voice of despair.

Is it because we believe that mercenaries fail to believe in that which is being fought for, and instead confuse the means for an end we misguidedly believe should be the end in and of itself?  Does engaging an individual for purposes of honor, country, faith and other tropes of a nation’s visage of vacuous promises make it any more substantive if the abandonment of a country of its own vital principles reaches a point where such terms no longer apply?

There are those who romanticize the independence of the mercenary, despite the Geneva Convention restrictions which grant lesser protections in the event of capture; and, yet, history is replete with their use and presence, from Ancient Egypt during the rein of Pharaoh Ramesses II  to the French Foreign Legion and the British Gurkha regiments, and beyond to modern warfare.  But romanticization and reality often conflict and collide, and the remaining entrails of toxicity remain with the scent of avoidance.

In more quiet arenas of modern life, the term itself is often applicable not to fields of the battleground, but to individuals who “go after” others for rewards and reasons of similar taint and toxicity.  In the employment arena, there are mercenaries aplenty, and they are predators that devour with equal ferocity.

For the Federal employee or U.S. Postal worker under FERS, CSRS or CSRS Offset who suffers 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, and therefore must prepare an effective Federal Disability Retirement application with the U.S. Office of Personnel Management, the duality of dangers must be faced.

First, the allegation that the Federal or Postal employee is merely being a “mercenary” by “taking advantage” of a generous system of medical retirements, and Second, to beware of the mercenaries of the Federal Agency or the U.S. Postal Service who aggressively go after the Federal or Postal employee weakened and unable to defend him or herself during the process of preparing, formulating and filing a Federal Disability Retirement application, precisely because of the medical condition itself.

In both instances, it is the mercenary instinct itself which dominates, and no amount of honor or faith in country can withstand the onslaught of the vicious outliers of such gossiping geese.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The mere asking of a question

In modernity, the asking of the question in itself raises a suspicion.  Being curious no longer kills the cat in some obscure, proverbial manner; to inquire immediately brands the individual and categorizes the questioner based upon the query of conventional consciousness.  Thus is debate of any kind quelled; for, to engage in a dialectical process requires a prefatory landscape of imaginative fertility; but in an atmosphere of poison and shallow interests already consecrated, there can be no classic form of “give-and-take”, of a level of intellectual inquiry required for the pursuance of excellence, improvement or uncanonized thought processes.

Can society ever escape from this cycle of self-immolation, where intellectual integrity is questioned, when speakers are shouted down at quiet lecture halls of solicitations for a teleology of thought, and at a level of purposive questioning, as in the days of yore when the pestering Socrates questioned every convention of the powerful and influential?

It will be difficult, if only because the widespread de-coupling of thought from information, separated by the force of modern technology, where deviation from identity is difficult to maintain, has made drones of us all.  Fortunately, law is, and remains somewhat in a sacrosanct manner, an arena which allows the simple query to survive, if only within the compound of argumentation for a cause.

For the Federal employee and U.S. Postal worker who becomes the victim of one’s own bureaucracy, where a medical condition requires an accommodation but the Federal Agency or the U.S. Postal Service is unable, or unwilling, to pursue avenues to allow for the continuation of one’s chosen career, 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 often the best and only alternative to pursue.

The battle of inquiry and improvement — for, if you think about it, they go hand in hand in that the only way to “improve” anything is by questioning the status quo — may have to come to an end; and as it takes effort to expend to question and contend for greater heights and levels of excellence, so the Federal or Postal employee who suffers from a medical condition, such that the medical condition no longer allows for the Federal or Postal employee to perform all of the essential elements of one’s positional duties with the Federal agency or the U.S. Postal Service — the energy expended in other areas must now be preserved to attend to one’s medical condition and the deteriorating health of one’s body, mind and soul.

Sometimes, the mere asking of a question must be left alone, where silence is the golden ray of future radiance, and where youth may be the proper province to leave behind a generation of upstarts who never had the opportunity to ask that ever-childhood query, “Why?”

Sincerely,

Robert R. McGill, Esquire