Federal Disability Retirement: The dead, the dying and youth

Have you ever seen a flower arrangement that weaves together deadwood with bright and colorful summer explosions?  They tell us of that which reflects modernity:  The dead are forgotten in the background; the sick and dying are mere echoes fading quickly into a distant past; and it is only the vigorous who dominate and forcefully remain in the forefront.

How a society coordinates the interaction between the triad of life’s complex ingredients reveals the extent of its inner soul and character.  For, how many of us truly want to live in a pure State of Nature, where only the brute strength of predatory behavior would rule?  How many of us would survive in such a dystopian world, and for how long?

How we treat the remains, vestiges and memories of those gone; what we do with the ones still alive but deteriorating, suffering and lonely in their abandoned abodes; and whatever is left for the youth, what value of transference is imparted from the traditions longstanding, the obligations imparted, and the core values embraced – these determine the viability of a society in turmoil.

For, the dead reveal in constancy as to who we are by giving us a past; the dying, what we are made of by the example of how we treat the least of our community; and the value of youth is inherent in the lineage existent for the future continuation of a viable and vibrant tradition; and it is always the interrelationships between the tripartite worlds that determine whether and how.

We tend to want to compartmentalize, then to isolate each into their individual components such that one never interrelates with another.  But reality often will force a society to reflect upon such an artificial manner of conceptual isolationism, and sometimes it is by mere change of perspective that can lead to a paradigm shift of sorts.

Thus does this happen when we see a flower arrangement that artfully weaves the deadwood of winter with the vibrant colors of spring, and allow for even the panorama of fall leaves to still reveal beauty and breathtaking insights, and allow for the youth of summer blossoms to radiate, while at the same time giving deference to the others in the haiku of life.  It is often through a metaphor like this on a macro-scale that we can then glean a reflective outlook upon the microcosm of our own lives.

For the Federal employee and U.S. Postal worker who sees him or herself as “less than worthy” – somewhat like the dying twigs in a flower arrangement otherwise filled with vibrancy and youth – all because a medical condition is becoming chronic and debilitating, one needs only look upon a flower arrangement that encompasses the triad of life’s natural flow.

Perhaps the agency is like those exploding blossoms of summer; and, more likely, the Federal Agency and the Postal Service will relegate the deadwood into the trash heap of corner offices and ignore those who are less productive.  But that is not a reflection upon the Federal or Postal employee who suffers from a medical condition and can no longer perform all of the essential elements of one’s Federal or Postal position; rather, that is an indictment upon the Federal Agency and the Postal Service itself.

Filing a 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 merely another way to maintain the constancy of society’s unstated promise – much like the flower arrangement that intersperses the dead, the dying and youth – by asserting that legal rights still matter, and a medical condition does not necessarily mean that one’s career is just more deadwood at the back of the arrangement, but can still reveal a promising future for greater productivity in the private sector of life.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Silent lives defying interpretation

Life is a mystery, and individual lives a puzzle untold.  It is the calluses that we develop throughout our lives that diminish our individual and collective curiosity to get to know the “other”.

We are born with a teleological intellect striving to unravel and unmask the depths of human essence; but modernity, technology and the singular focus of tangents often involving prurient asides distract and envelop with unwavering obsessions, but it has gotten worse:  no, not in any violent manner or upheaval of historical significance; rather, the electronic means of texting, emailing, Facebook-ing and other such means – which, if one pauses for just a moment to reflect, is merely a white page on a screen of illuminating blindness where symbols representing communicative ignorance are exchanged through the ethereal conduit of airwaves – give an artificial semblance of comfort that we are still engaging in the essential project of destined human activity:  getting to know one another.

When, in fact, the distance between words and the human touch; the distinction between the beep apprising one of receiving a message and the subtleties of an eyebrow raised, a grimace faintly made or a sparkle from eyes admiring; or the differentiation between black lettering upon a lighted page as opposed to the intonation and undulating mellifluousness of the softly spoken word – these, we are losing as each day passes, unnoticed, unconcernedly, and without any real hope of recovery.

It is, in the end, those silent lives defying interpretation which are lost forever on the doorsteps of unwritten historical accounts, despite the stories never told, the narratives forever undeclared and the characters uncharted because of the mystery of life and the conundrum of human lives.

History, it has been said, is written by “winners”; and if there is indeed truth in such a statement, then its corollary opposite must be similarly true:  unwritten and unknown accounts are forgotten or never written of those “losers”.  But that is only half of the truth; for, there are those countless bystanders who are never acknowledge, but fail to be inserted and included in the narrative of unmarked graves unacknowledged through the accounts of history untold.

We all want to be “significant”; we all want to “make a difference”; and for Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition cuts short a promising career, a relevant contribution to the “mission” of the Federal Agency, or make a difference to an old woman living alone who waves hello to the Letter Carrier as the high-point of her day – filing a Federal Disability Retirement application, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset, may seem like the end of that teleological journey that we are all engaged in.

But always remember that there is life after the Federal workplace, and whether you are an active Federal or Postal employee, or getting ready to take that step to initiate a Federal Disability Retirement application, there are still silent lives defying interpretation, and yours is one of them.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Medical Retirement: The language of law

Wittgenstein recognized that there exists various forms of languages within a community of a shared language — with words everyone understood, sentences all were familiar with, but the usage and meaning of which were unique to a particular group or set of individuals.  Such comity of meanings and esoteric application of language were designated as “language games”.  Information Technology groups have their own set of insulated meanings; advertising agents, insurance companies, and children who form an exclusive club may formulate within-community code words exclusive to the group alone, and alien to all around.

What, then, is the language of law?  Certainly, analogy and hypothetical models of similar situations and transactions are a part of it; and the methodology of argumentation is to show the familiarity of classes of subject-matter issues and identical-sounding situations which penetrate the judge’s capacity to accept and anticipate precedent-setting citations of prior acts.  Why the language game of the legal arena accepts as a primary basis of interaction similar-sounding prior fact-scenarios is often a mystery to “outsiders” (i.e., non-lawyers), and confounds with frustration the enormous expenditure of time and money in engaging such circuitous narratives of persuasive argumentation.

What about my case?  What difference does it make whether or not a decades-old case applies in an analogical manner to the facts at hand?  But that is precisely the point of the language of law; for, it is consistency of application and perpetuation of stability which makes for reverence for “the law”.  Arbitrariness and malleability creates suspicion of motives, and justice requires the fair constancy of applying “the law”.

This is important to understand in all arenas of the “language game of law”, and for Federal employees and U.S. Postal workers who may need to entertain the potentiality for 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, the entrance into “Administrative Law” (which is what filing for Federal Disability Retirement benefits through OPM falls under) is no different.

Precedent-setting cases develop over decades and epochs of lifetimes; and whether the OPM Disability Retirement applicant is aware of it or not, the compendium of rules, regulations and decision-setting conclusions are all guided by, constricted within, and influenced throughout, by prior cases handed down by judicial opinions rendered “on high” by administrative law judges and Federal Court of Appeals mandates.

Should case laws be cited in the submission of a Federal or Postal Disability Retirement application?  As the law is the hinge upon which society survives, so the question of persuasive argumentation may live or die based upon the vocalization of precedents.  But always remember that the language of law is a specific type of language game, and the exclusive club of legalese requires some training of usage, where applicability may sound like gobbledygook unless formulated with an ear towards coherence within the insular language game of law.

Sincerely,

Robert R. McGill, Esquire