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

 

OPM Disability Retirement: Arrive with bluff, depart with bluster

That has become the motto of universal exceptionalism; it is the bravado of the incompetent, the arrogance of the ignorant and the methodology of the unwary:  besides, it is a funny line plagiarized from a work by Evelyn Waugh (no, that is a male writer, not a female).

It is to come into a circumstance, a job, an assignment or a social conduit acting like one knows what one is doing, messing everything up, then leaving the desecration of incompetence and a heap of human detritus for others to deal with, while all the while turning up one’s nose, shaking the proverbial head in disgust, and departing with an unjustified defense of one’s own incompetence with:  “You guys are hopeless.”

That is the guiding declarative foundation of all self-help books, advice columns and Oprah-wanna-bees in columns of suspicious pearls of so-called wisdom:  “The key is to act like you know what you are doing, with confidence and assertiveness; the rest will follow and everyone will believe in you.”  Or, in other words, believe in yourself despite not knowing anything; act with declarative arrogance; be self-confident (of what, we are never told) and take charge of your life.  Then, if things don’t work out, don’t be too hard on yourself (or, better yet, not at all) and don’t ever allow others to get you down.

Such a foundational folly of methodological madness fits in very well, and is completely commensurate with the cult of youth; for, even if we all know that the younger generation knows not anything but having been coddled throughout their educational years (hint:  a euphemism for indoctrination for heightening self-esteem), the world generally operates on its own in spite of massive and daily incompetence, but that is precisely why there is a need to hire a dozen people for every job:  quantified incompetence somehow makes up for qualitative lack.

Once upon a time, bluster was known, recognized and dispensed with; and bluster was laughed at, mocked and ridiculed.  Now, it is an everyday and common occurrence, because the substantive basis has been ripped out and the soul is now an empty cavern of echoing banter steeped in words of meaninglessness topped by nonsensical linguistic cacophonies of boundless chatter.

Yet, there are times when substance matters, as when a Federal employee or U.S. Postal worker experiences a medical condition, such that the medical condition begins to threaten one’s ability and capacity to continue in the position one is designated in.  That is the time when neither bluff nor bluster is desired, needed nor welcome.

Honest answers and forthright advice is what needs to be obtained, both from Supervisors, coworkers and Human Resource personnel; in the legal advice rendered and received from one’s Federal Disability Retirement lawyer; and from friends, family and loved ones in pursuing this very difficult bureaucratic process couched within a cauldron of administrative nightmares.

We arrive into this world without a clue; we learn to bluff, even when we don’t want to; and when we depart, it is up to us as to whether there needs be an imprint of bluster, or whether the honesty that still resides in the essence of our soul may still reveal a vestige of the true character we maintained, in preparing, formulating and filing an effective Federal Disability Retirement application, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset.

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

 

Early Medical Retirement under FERS & CSRS: Of spare things left in the world

We don’t seem to have a capacity to share of those things which we have no need, anymore.  Does scarcity of resources result in “doubling down” in ways formerly described as miserly in deed?  Does the free market principle of supply and demand explain the loss of social grace in responding to need?  What ever happened to the spare tire, the jingle of spare change, and the ephemeral absence of spare time?  Has society come to a criss-cross of contending forces, where the explosion of population growth, the rise of the middle class in developing nations around the globe, coupled with the exponential depletion of finite resources, have cumulatively coalesced to an incandescent compromise of character crisis?  Does the lack of everything mean that we can spare no more for others, or provide assistance in the event of need?

As for the spare tire issue, the fact is that modern technology has extended the wear of tires, and many people have lost the knowledge or skill to use a jack or a lug wrench.  This, combined with fear of scams and roadside robberies, in conjunction with the durability of today’s tires, has resulted in the widespread consequence of calls for help defined as a cellphone dial for professional roadside assistance.  Further, society has deemed that any caricature of a ‘damsel in distress’ is tainted with a misogynist attitude; and we certainly would never want to be charged with an ‘ism’ at the cost of helping another.  And of spare change?

Homelessness has been relegated to either a non-existent phenomenon until a different political tide rolls in, or has otherwise been linguistically redefined as an alternative lifestyle.  What remains, then, is our spare time — which we have no more of, despite the constant drumbeat to the contrary that the aggregate of modern technology is always supposed to ‘save us time’.  Isn’t that what we are told each time a new gadget is foisted upon us?  That it will save time so that we have more time for greater and more important things — like politicians who suddenly leave office or fail to seek another term in order to spend “more time” with family.  Right.

The fact is that we are left with very little of anything, anymore, other than to stare vacuously into the fluorescent chambers of computer screens and smartphone apps.  Yet, spare time, spare tires and spare change — while apparently mere arbitrary anachronisms of antiquity, alas, fading into the dim light of change itself — reflects a community of sharing now lost as art was once a defined form.

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 all of the essential elements of one’s Federal or Postal positional duties, the idea of sparing a person a break, has gone the way of other spare things.  Neither the Federal agency nor the U.S. Postal Service has any spare time to spare anything, anymore, and certainly no more than the rest of society can spare.

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, can be likened to the spare tire in the back of the trunk, which is always there but forgotten but for the time of crisis or need.  When the Federal or Postal worker can no longer perform one or more of the essential elements of one’s positional duties with the Federal agency or the U.S. Postal Service, then preparing an effective Federal Disability Retirement application to OPM is like getting out that spare tire.

The problem is, as most people have lost the skill to use the ‘other’ implements hidden beside the spare tire — like the jack and the lug wrench — so the proverbial roadside assistance may be required.  As for spare change and spare time?  Pockets are a requirement for the former, and future fashion will determine the necessity of an antiquated design, as will inflation and online banking for the need of coins or paper money at all; and as for the latter, we are told that we have more of that than ever before; just not enough to spare for others.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Of the Charmed, Charted or Chartered Life

Of the troika of possibilities presented, the first is rarely available or even an option, if by a “charmed life” is defined as one where wealth is never a restrictive element, potentiality is ever compensated by unlimited resource, and freedom to choose — whether an unproductive, leisurely lifestyle or one which mixes pleasure with some semblance of “doing something” — is but a whim of desire and utterance of a command.  Few of us have this option.

As for the second — of a charted life, where cultural conventions, societal norms and limited possibilities structurally imposed by birth, circumstance and family lineage — this characterization is fast receding into the dustbins of antiquity.  For, we no longer believe that one should be constrained by outside forces — whether of teleological originations or based upon genetic dispositions.  The “charted” life — where an omnipotent external derivation or an internal, evolutionary mandate, matters not; it is, instead, the belief that the stars guide our destiny, and the hubris of Shakespeare’s characters cannot be altered by the sheer willpower of an internal desire.

Then, of the triumvirate, we are left with the third and last — of the “chartered” life, where we recognize the finite character of our existence, borrowed from a slice of timeless history, having to live the consequences of actions preceding our use of the vehicle, and appropriately adjusting the capacity to move forward based upon the present condition of our circumstances.

Do we drive the conveyor ourself, or allow for the owner to send a captain of a ship for which we have paid?  That often depends upon whether we can be trusted with the talents we are born with, the resources we inherit, and the burdens of responsibilities which we voluntarily embrace.

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 positional duties, the question is often likened to the options presented before the last of the triplicate:  At what point do we take charge of the chartered life, and begin to steer and maneuver beyond the pitfalls of life’s misgivings which have been presented?

Filing for Federal OPM Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is part of the responsibility of the Federal or Postal worker who can no longer perform one or more of the essential elements of one’s Federal or Postal position; and when the U.S. Office of Personnel Management denies a Federal Disability Retirement application, it is up to the chartered life to have charted the course of destiny towards a life more charmed.

Sincerely,

Robert R. McGill, Esquire