OPM Disability Retirement Denial: The Middle Stage

It is like those siblings who are “in between”; of caught in relevance and significance by being squeezed on the one side by the “giant first one”, and on the other side by an even greater presence; and, somehow, the middle stage is lost and forgotten.  Is that how life itself is viewed, as well?  Of being cooed and oohed over the baby-years, and then forgotten once the younger sister comes into the family; or of being cast aside by children in their teenage years, then suddenly realizing that time lost can never be regained, but recognizing that one’s parents now are too old to appreciate?

Is that why the “Middle Ages” are viewed as irrelevant, stuck between the “Ancient Era” of the great Roman and Greek periods, and then suddenly skipped over into the Renaissance and into modernity?

The “Middle Stage” is like the Middle Age years — of being present but quickly fading; of being there but barely noticed; of shying away and fearing the next stage because the one before was so full of energy and the disappointment of the failures of the previous stage is merely a foresight into the fearful expectations of the next.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition now prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, the “Middle Stage” is called the “Reconsideration Stage” of the administrative process.

The Reconsideration Stage is the stage where the Federal or Postal Disability Retirement application has been denied at the Initial Stage, and it is the Stage before the Third Stage — an appeal to the U.S.Merit Systems Protection Board.  It is not a stage to be “overlooked” — as some inevitability of a further denial — but one which provides for an opportunity to enhance and add to one’s Federal Disability Retirement application by providing additional medical and other documentation in order to obtain an approval from the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

If the applicant decided to forego consulting with an attorney at the Initial Stage of the Federal Disability Retirement process, then it is a good time to consider contacting an attorney at the “Middle Stage” — the Reconsideration Stage of the process — to discuss the next and crucial steps in order to correct any past mistakes and affirmatively assert the proper legal basis in meeting the preponderance of the evidence criteria in your quest to obtain Federal Disability Retirement benefits from OPM.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation for OPM Disability Claims: The facade

We all do it; but the fact that all engage in it does not mean that the quality of what occurs behind the mask is equal in kind.  What betrays the workings of that which lurks behind the Noh mask?  Does the backstabber ever recognize the evil that is perpetrated any more than the Wizard behind the curtain believed that something untoward was being accomplished?

In architecture, a facade is the outward appearance or frontage that represents the initial encounter, entrance or first impression when approaching or entering; it is a neutral term in that it doesn’t connote or denote anything beyond that which it is — the first impression of the outward appearance.  But when that same term is applied to human beings or other contexts, it takes on a secondary implication of doubt, motive, underlying processes or even evil intent that is deliberately being concealed for the nefarious winds that need cover.

We all wear them; some are more adept at maintaining it in order to conceal and veil; while others can only establish it for a short period, then confess to all that nothing beneath was meant to harm.

For Federal employees and U.S. Postal workers who carry a facade in order to conceal the medical condition that continues to debilitate, deteriorate and prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, the strain upon one’s psyche can be enormous and trying.

Over time, the facade must by necessity begin to crumble, to fade, to unravel and reveal; it is the inevitability that is often so fatiguing.  When the critical point of intersection occurs — where the priority of the medical condition surpasses the need to maintain appearances — it may be time to consider preparing, formulating and filing an effective Federal Disability Retirement application, to be filed through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

At some point, we all have to become “real”, and the facade that hides the face of a building does so without concealing anything precisely because there is no “there” behind the face; but the human being that puts on the Noh mask cannot for long maintain the facade that conceals the human suffering within.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Suffering

It is something that cannot be avoided; it is part of life, of living, of engaging.  The history of it existence is palpable; the tactile images throughout can be experienced in images painted and words described; and the various religions embrace it – some as a foundation that allows for forgiveness to alleviate that felt by others; many, as a foundation to explain it away; and still others, to train a disciplined life in order to avoid it, or at least to contain it.

Whether by meditation or medication; through enduring or embracing; or perhaps even by enjoying some form of it in a masochistic manner; it is there because the body, mind and soul are sensitized in the evolutionary process of advancement to remain heightened for survival’s sake.

Suffering is part of living; without it, we imagine that life would be a constant cauldron of endless merriment, when in fact its absence would spell the very definition of misery and decay.

Throughout history, sickness, death and suffering encapsulated an apt description of life, whether human or otherwise.  Thus did Thomas Hobbes admonish the world in his seminal work, Leviathan, where the famous passage describes the natural state all human beings find themselves in until the rescue by political community or social contract, that the life of man is “solitary, poor, nasty, brutish and short.”

But whether by social contract elevating the aggregation of humans into defensive communities envisioning civilization and cultivation beyond the penury of life’s misgivings, or some utopian belief that can result in avoidance of that which is inherent to us all, the fact is that suffering can at best be contained and limited, but never extinguished or eradicated.  Life famine, viruses, cats, weeds, moles, droughts and diseases – we can inoculate against and quarantine as best we can, but they keep coming back and rearing their heads up even after exhausting their nine lives and filling in the holes they have dug.

Suffering is, in the end, that which is there for a purpose – of allowing for feelings; of contrasting the opposite of ecstasy and joy, without which there would be no comprehension nor appreciation, as “being” cannot be understood without its flip-side, “nothingness”.  Thus, the question must always come down to:  Not “whether” it must be, but to what “extent” it needs be.

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 positional duties, it may well be that you have reached a pinnacle point of suffering such that preparing, formulating and filing an effective Federal Disability Retirement application, submitted to the U.S. Office of Personnel Management, becomes a necessity.

Every Federal or Postal employee, whether under FERS, CSRS or CSRS Offset, must make the “right” decision for him or her self, as to the timing, the substantive event and the future securitization for livelihood’s sake.  It is, in the end, suffering itself and the medical condition that overwhelms, that often determines such a course of action, and that is a very personal decision that each individual must decide in the most appropriate of circumstances.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Casuistry and Sophistry

It is often used to described “applied” ethics — that branch of moral questioning which evaluates and analyzes an actual case, as opposed to a theoretical artifice constructed for purely pedagogic purposes, devoid of flesh and substantive import.  No longer constrained by the ivory tower of hypothetical unversality, and thus vacuous of feeling, real empathy and true relationships, casuistry naturally devolves into sophistry, where self-interested motives become ensconced.

Devolution denotes a denigration of sorts; such a statement is not deliberate in its alliterative force, but an antidotal utterance in contrast to the Dawinian consort of progressive genetic advancement; and it is precisely because self-interest betrays itself in such instances, by attempting to justify the very basis of its validity in a flawed methodological argumentation.

Sophistry, of course, connotes bad logic; moreover, it often implies a deliberate self-knowledge of utilization of such flawed rationale, despite “knowing better”, precisely because the debater wants to conceal the self-interested motive by engaging in a cover-up by effusive elongations of elaborate textiles of tactless show-boating housed in linguistic gymnastics of confounding conundrums.

Russell was good at this; Wittgenstein, better; and Heidegger the ever superior in concealment of his underlying Third Reich connections.  It is, indeed, difficult to demarcate the two; for it is casuistry which necessarily devolves into sophistry, and sophistry forming the foundational basis of casuistry; but as to which came first, the chicken or the egg, one can only guess at.

When self-interested motivations are involved, where justification of actions cannot be bifurcated from the involvement of the personal pronoun, the devolution of antagonism by self-preservation into anarchy for protective reasons will naturally follow.  Can an individual separate the underlying insinuation of self-interestedness from a discussion involving one’s self, if the outcome will impact the life, livelihood and living circumstances involved?  Perhaps.  But unlikely, and rare in its substantive occurrence.  For, the very conceptual constructs involved are oxymoronic at best, and blatantly self-contradictory, at worst.

To maintain integrity where self-interested motivations follow, and then to engage in valid logical argumentation devoid of a devolved sense of self, is a high price to pay, and a higher standard to bear.

For Federal employees and U.S. Postal workers who must prepare, formulate and 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, this conundrum is indeed the flashpoint of being able to prepare such an effective Federal Disability Retirement application.  For, it is precisely the “self” which must be discussed, the “I” which by necessity be inserted, into the discussion of attempting to justify the nexus between one’s medical condition and the inability to perform one or more of the essential elements of one’s Federal or Postal positional duties.

In doing so, an expansive delineation must be posited on SF 3112A, where by a preponderance of the evidence, the Federal or Postal employee must prove the formulated connection between the medical condition and the inability to perform one or more of the essential elements of the job.  In doing so, take care to guard against a casuistic argument devolving into a sophistry of incalculable innuendo of self-interested flaws.  It is the hubris of man, as Shakespeare always reveals throughout his tragedies.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement from Government Employment: The Beat of Life

Have you ever had a dream (or nightmare) where you are the only one out of sync?  Whether in a choir or perhaps playing an instrument, and everyone around stares with irritation or dismay, and no matter what efforts you expend, nothing seems to allow for a synchronization of movements, sounds or stylistic applications?

Or in other similar circumstances, whether in sports, dance, or other events requiring coordination of efforts and timing of actions, the personification of self reflects a complete lack of capacity to become a quiet pendulum of rhythmic beats.  And much of life is like that; there is a rhythm and a beat, and one day we wake up and everything seems out of sync, out of kilter, and no matter what we do, how hard we try, the beat of life seems to go on without us.

The phrase itself, “The beat of life”, of course, has a sense of double entendre; the first implying the rhythmic march of one’s existence, and the other denoting the thrashing inflicted through the existential encounters experienced daily.  Both, in either form, connote the consequences of the spectrum felt and the degree effectuated upon the soul of an individual.  Medical conditions tend to do that independently of any control we attempt to exert upon the environment surrounding us.  Control and our ability and capacity to determine one’s fate, is not confined or unique to the proverbial “Type-A” personality.

We all desire to be the master of our defined universe.  To lose control is to relinquish the beat and rhythm of life.   It is to be banished from the comity and security of the fiefdom we have ascribed and announced our liege to, and for which we have dedicated out lives.

For Federal employees and U.S. Postal workers, the discovery of a medical condition which impacts one’s ability and capacity to perform all of the essential elements of one’s positional duties, is tantamount to a moment in a dream when the beat of life begins and ends.  The old rhythmic consonance of mellifluous comity terminates, and the new and adversarial relationship, both against the medical condition itself and the Federal agency or the U.S. Postal Service which fails to accommodate and refuses to cooperate, must be endured and confronted.

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, must be considered, precisely because a new beat must be found, and the band which played the tunes before can no longer comprehend the stylistic differentiation which you have now experienced, like a religious awakening expanding beyond the horizon one may have expected at the beginning of the journey.

But whether one lives a life in a small town and never leaves the security of the neighborhood born, or one travels through and traverses the cultural divides of the world, the beat of life one carries is somewhat like the backpack of the pilgrim, and for the Federal and Postal worker who must move on to the next phase of life, preparing, formulating and filing for Federal Disability Retirement benefits with OPM becomes a necessary step to allow for the beat of life to continue, lest you allow life itself to beat you down.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government Employment: Byzantine Iconoclasm & Compromise

It was a period in history when religious images and icons were considered heretical.  It resulted not merely in the rejection of new such images, but in the active and aggressive destruction of venerated art, sculptures, etc., and the persecution of those who created or owned them.  The term itself has come to represent an unyielding, irrational stance, unmoved by rational discourse, and even more to the point, aggressive in stamping out all opposition.

“Compromise”, on the other hand, has come to represent the ability and capacity to accept something other than the original starting points of two or more conflicting views, victims or vantage vats; for some, it reflects weakness and meekness in the willingness to capitulate beyond principles, setting aside cherished beliefs for the sake of concession and agreement.

What happens when an individual possesses the personality characteristics of an iconoclast, but circumstances dictate flexibility for compromise? Beliefs are great to have; that, and a dime, won’t even buy a cup of coffee, anymore, and it is this conflict which often arises which tempers the spirit of human pursuit and happiness of infernal contentment.

For Federal employees and U.S. Postal Workers who suffer from a medical condition, where the medical condition impacts one’s capacity and ability to perform all of the essential elements of one’s positional duties, the internal conflict between enduring the pain and turmoil of one’s medical condition, and the need to keep one’s commitment to family, employment and self-sacrifice, come to the fore, and is often reflective of the historical clash and intersecting conflict between Byzantine Iconoclasm and Compromise.

We often think that our own situation, in its microcosmic relevance, has never been known, unlikely to have been experienced, and stranger than fiction of verse.  But as Aristotle often notes in observing the physical universe, there is a “substratum” concealed by the elements merely seen by the observing eye, which continues on imperceptibly whether we know it or not; and for humans, that underlying unchangeableness falls under the generic aegis of the “human condition“.

Often, changing circumstances require a fresh perspective and a willingness to re-prioritize our lives.  For the Federal employee and U.S. Postal worker who must face the very-real prospect of a change in career and future goals because of a medical condition, the first order of priority must be one’s health and attending to his or her ongoing medical condition.

Once that has been established, then one must ask, Is continuing on in the same way — like the Byzantine iconoclast of yesteryear — impacting my health?  If the answer is a truthful, “Yes”, then one must consider preparing, formulating and filing for Federal Disability Retirement through the U.S. Office of Personnel Management, in order to attain a state of circumstances where one’s health is not progressively being destroyed by one’s employment.  For, in the end, compromise from a prior set of circumstances is not indicative of weakness or concession of principles; it is merely to embrace the wisdom of ages long ago lost, and to recognize that those images destroyed in the fervor of Byzantine Iconoclasm never extinguished the true essence of religious belief, but merely the product of human creativity in service to the principles of beauty and art.

Sincerely,

Robert R. McGill, Esquire