OPM Disability Retirement: Identifying the time for change

At what point does a person finally realize that it is time for a change?  That things cannot go on “as is” much longer, and certain modifications, “accommodations” (there’s that fearful word, again) and alterations must occur, or else you feel that your head will explode or something dire will suddenly befall.  Inside, daily, your thoughts turn to the knowledge that “this cannot go on forever”, and that something must occur.  But what?

Then, the voice of hope keeps whispering that, well, perhaps circumstances will change, alterations to the objective universe may come about in the morning thereafter, and the world will somehow shift and things will get better.

We have been fed upon from infancy until the cold winds of adulthood that folklore and fairytales occur, but the reality is that unless we initiate the pathways of change, they rarely occur except in fables of miracles and mythologies told in dusty old books.

First, it should be clear that the need for change has already been identified when one recognizes that it is time for change.  That identification, however, is often not enough.  For, it is the further sub-identification in recognizing what it is that needs change, and more importantly, why?

If the reasons underlying the need are within the purview of one’s control and destiny of choices being made, then the second step in the process can be initiated by the need identified.  That is the critical juncture in the decision-making process: Of identification, the reason, the underlying need, and then the steps taken to initiate the change in order to satisfy the need identified.

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 job, the need for change often comes about incrementally, insidiously and without great fanfare.

The “need for change” can often come at a critical juncture where frustration of a sense of impending doom collide, and necessity arises because no other alternative pathways appear to exist.  Moreover, it is the identification of the time for change that is often overlooked — that point in life where one is scrambling about desperately not quite knowing the “why” of the need, but only that it must come about.

Speaking to an experienced attorney who specializes in Federal Disability Retirement law may be the first step in sorting it all out.  For the Federal or Postal employee who must by necessity consider filing a Federal Disability Retirement application , the need for change is likely now; identifying the time for change may only require the time it takes to have an initial consultation with a lawyer who has guided many Federal and Postal employees through this process before.

Sincerely,

Robert R. McGill, Esquire

 

Attorney for Federal Disability Retirement claims: The price of loyalty

It is the negation of that very concept which we fear; not of loyalty, but of disloyalty.  The positive of it is what we are taught to abide by; of “honesty”, “integrity”, “faithfulness”, “reliability”, and so many other such reputation-bearing ascriptions that one may carry about within the essence of one’s being, like so many medals pinned upon the flesh and blood that constitutes the entirety of a human being, his or her life, the soul of who one is, and how others view and perceive an individual.

How many of us, however, before we cling to and so desperately fight in order to resist the loss of any one of those concepts, have carefully understood, studied and evaluated the value of each?  And thus the question: What is the price of loyalty?  When is the debt satisfied, and to what extent must we travel in order to establish the worth of it, and when does it become too costly such that we decide we can no longer afford the price?

Of course, the mixing of metaphors and analogies can confuse and befuddle, and that is often the problem with interspersing common, everyday-used “practical” realities with those that involve emotional attachments, historical assignations and prescriptions for “good living” or “successful lives”. To conflate concepts involving the “practical” world with the inner sanctum of culturally relative ideas – of “price” (as in, what is the price of a bushel of apples?) and of “loyalty” (i.e., knights in shining armor, band of brothers, filial attachments, etc.) can often lead to a confused state of inactivity, precisely because one cannot distinguish the applicability of one with the other.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, the question involving the price of loyalty – and its negation – comes at the critical juncture where the suffering from the medical condition exceeds the ability and capacity to continue working in the Federal or Postal job one is positioned in.

Many Federal and Postal employees continue to cling to a false sense of loyalty – that the commitment to one’s career, at any and all costs, is simply the price that one must pay.  But the price to be paid should depend upon the indebtedness owed, and in considering one’s health, such a price should never have to exceed the cost of one’s own health.

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, is merely the satisfaction of the debt owed – not by you, but by the terms of one’s employment contract with the Federal agency or the Postal Service, and the price of loyalty, whether real, false or imagined, was long ago satisfied and paid in full the moment you met the minimum eligibility criteria of 18 months of Federal Service under FERS.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Law: The face in the mirror

Some avoid it; others run to it like an obsession that cannot be abandoned; and for most, it is merely a daily habit that must be tolerated.

The face in the mirror that we view in order to “present” ourselves to the world is the one we are born with, attempt to alter in multiple ways throughout different stages of life – perhaps by artificial means ranging in spectral thunders of surgical alterations, color-dying, parting the hair on the left side instead of the right; trying to cover that growing bald plate that shines like a heavenly orb not needing the assistance of the Hubbell Telescope from afar in galaxies far and wide; of make-up, lipstick colors and hair-style alterations; and yet, somehow, it is those eyes that stare back that seem to pierce within.

And what of that image we hold; was it the imprint from our youth that forever became frozen in the timeless synergies of our inner consciousness?  Does the reflection in the mirror last, for some, for only a second, such that we have to run back to it – whether by the closely-held compact in the purse, the reflection in the store window, or even that oblong shape of a car’s side contraptions – and reassure ourselves that it has not changed much since the last encounter?

Or is it the image we continue to hold onto as that innocent child of long ago who forever swore that neither time, old age nor ravages of bygone years would ever defeat the compliments received and which we hold so dearly?

It is, in the end, the eyes – what Plato described as the windows to one’s soul – that tell the tale of a person’s past.  Does it haunt?  Does it enliven?  Will it glitter and sparkle like the moon’s reflection upon a summer’s pond in its tranquility of calm?  Or does life bring such sorrow within the chasms in between, where the haggard look befalls and betrays the unhappiness residing within?

We need not look in the mirror to gather much that we already know, and yet we keep going back and speaking to that ghostly appearance reversed in proportionality as the negative photograph that smiles when we smile, cries when we cry, but feels not the inner pain that grows with each day.

For Federal employees and U.S. Postal workers who are at a point in their lives that filing for Federal Disability Retirement must be considered, it is a critical point to consider when you look at the face in the mirror – for, the reflection seen is often not the “real” person that stands in front of the mirror, and the “appearance” is never the essence of the inner soul concealed.  That is the sad truth when dealing with the Federal agency or the Postal facility; they all see “you” as “that person who has a medical condition and is no longer as productive as he/she used to be”.

That is why filing for Federal Disability Retirement benefits often becomes a necessity, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset – because the face in the mirror is just that – a reflection of unreality – that doesn’t ever reveal the truth of one’s potentiality in a universe that barely cares beyond the appearance of reality.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Medical Retirement for Federal Employees: Functional architecture

It refers to those unnecessary trappings; but of course, the immediate question which follows is:  who determines necessity as opposed to aesthetic addendums otherwise of utilitarian vacuity.

The traditional approach in functional architecture is determined by the general principle that a building should be designed by the paradigmatic governance of the underlying purpose for which the structure should be constructed.  That is likely why government buildings are essentially drab and colorless, reflecting the purposive nature of a bureaucracy and administrative conduits.  The grandeur of the wealthy in pouring money into aesthetically pleasing facades, otherwise without any meaningful utilitarian basis, is a consequence of wanting to impress, as opposed to a functional capacity to reside.

In modernity, functionalism is akin to pragmatism, which is often seen as the heart and soul of this country’s success – of advancing towards the next technological innovation, accomplishing beyond the project paid for, and getting things “done” in order to calculate the worth and value of a person’s being.  At the cost of family, neighborhood, culture and normative constructs, we go for that which works, what pays and what can be sold.

Thus does the American model function on the motto of pragmatism:  Of what does it benefit a man if he cannot make a living from it?  And so the narrative goes that waves of immigrants gave up their native country, whether because of famine, wars, poverty or persecution, and traveled to a far-off foreign soil in order to carve out a living without the trappings once enjoyed.

But the concept of functional architecture can reach into other disciplines, as well – as in the composition of words into sentences, sentences into paragraphs, and paragraphs into pages of stream of consciousness.  One can, for example, add all sorts of unnecessary verbiage in preparing, formulating and filing a Federal Disability Retirement application with the U.S. Office of Personnel Management, in response to the questions posited in Standard Form 3112A – Applicant’s Statement of Disability.

This can get one into what is often proverbially termed as “hot water”.  For, just as the three classic goals of architecture still remain relevant today – of utility, beauty and firmness (reflecting the conceptual generalizations of use, aesthetically pleasing to the eye, and structural integrity), so the same can be applied in preparing one’s Federal Disability Retirement application in the statements made:  Writing to the point of the Federal Disability Retirement application (utility); being comprehensible and coherent, with a purposive narrative (beauty); and, finally, firmness (maintaining the structural integrity of the narrative by building the proper linguistic foundation in formulating one’s answers on SF 3112A).

Thus, as with most things in life, functionalism does not merely apply to the discipline of architecture, but can easily be transmogrified into the complex administrative process of Federal Disability Retirement.  As the fullness of life is an admixture of interconnecting experiences, so the principles undergirding architectural integrity can teach us lessons in preparing, formulating and filing an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Early Medical Retirement from Federal Government: Berkeley’s House

He was an Irishman, and if one were to “rank” philosophers, he would likely be considered a “second tier” thinker — not quite at the level of Plato, Aristotle, Descartes or Heidegger — but certainly contributed to the Western Philosophical tradition of engendering even greater questions than solving any problems or settling any queries.

A little tidbit which is not commonly known: Bishop Berkeley came to the United States and purchased a plantation at Middletown, intending upon living there, until his expectation of funding failed to be forthcoming.  That is probably what he is least known for; the Latin phrase for which he gains the greatest notoriety, is esse est percipi — to be, is to be perceived.

An absurd and uncharitable interpretation of this foundational phrase, would be to attribute to Berkeley the idea that things in the objective world exist only to the extent that we perceive them; the moment such perceptual pervasiveness disappears, then, existence becomes extinguished.

A more rational view of his postulate, however, is to attribute Berkeley to the tradition of British linguistic philosophers, and to consider the following “implied” but silent intentions:  “The definition of what it means to exist, can only have meaning if, and only if, there is a perceiver for which the object is there to be perceived, and as such, existence as a concept of any meaningful import must by necessity have a perceiver”.

Without this kinder, gentler version of interpretive connotations, all manner of ridicule and scoffing have been thrown at the good Bishop — in the form of:  “So, when I leave a room, does it vanish?  And when I return, does it suddenly reappear?”  And in the days of Star Trek:  “Beam me up, Scottie, or in philosophical circles, Bishop Berkeley”.

It is, in the end, the absurdity of linguistic interpretation which ultimately relegated Berkeley to the “second tier” of philosophical thought; and from that unintended consequences resulting from an attempt to resolve a complex issue of metaphysical discourse, we can learn and discern much:  complexity sometimes cannot be circumvented with simplicity of declarative assertion; often, there is a reason why such a conundrum of linguistic inelasticity exists.

Thus, for the Federal employee or U.S. Postal Service worker who is intending upon preparing a Federal Disability Retirement application to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, the key point here is that, yes, your case may be quite complex, but the route to making it comprehensible to the administrative specialist at OPM, is not to try and simplify the core essence of the case, but to state the complex in simple language.

That is often the greatest difficulty with a Federal or Postal applicant in preparing one’s Statement of Disability on Standard Form 3112A — the narrative in response to the various questions will often meander and fail to achieve a coherency because everything from Dickens’ childhood details (which, as you may recall, Salinger scoffed at in his famous work, The Catcher in the Rye) to peripheral issues involved EEO complaints and workplace harassment concerns are thrown in for good or seemingly better measure, when in fact a simplified version based upon good habits of editing would produce a more effective statement of compelling narration.

For, in the end, postulating a Federal Disability Retirement application is not a matter of compiling a voluminous or complex treatise for persuasive discourse; it is to tell a coherent story of one’s inability to perform one or more of the essential elements of one’s positional duties with the Federal job or Postal position, and we need not defer to Berkeley’s House — whether as a historical tidbit or as the confounded thought processes extracted from his complex works — in order to prepare, formulate and file an effective Federal OPM Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The U.S. Department of Health & Human Sacrifice

Does modernity reflect progress?  And, more to the point, by whose definition do we apply the standard of “progress”?  Does mere movement or change constitute advancement, or do we fool ourselves by the proverbial content of shuffling the chairs on the deck of a sinking ship?  Each generation believes fervently that the previous one represents an archaic mode of static thought and stale fashions, and that youth itself somehow supersedes the necessity for any generational transfer of wisdom or insight.

In former times, certain societies would offer the best and the beautiful as human sacrifice to the gods of fate, in order to please, appease and gain favor.  In current times, we do the same, but cheat the gods by offering less than the healthy ones, and instead give to the winds of fate the decrepit, deteriorating and destroyed individuals who no longer contribute fully to society, thinking that by shedding ourselves of the rabble and remains of shorn vestiture, the favor of formidable fate will be attained for future payment in place of delayed gratification.  Why is it that health and human sacrifice have become terms of mutual exclusivity?

For Federal employees and U.S. Postal workers, the Department of Health and Human Sacrifice has become the largest entity of bureaucratic morass, employing more people than all other agencies combined.  It is the place where “health” is disregarded, and while lip service is paid to “accommodations” and those with disabilities, the reality of it is that such Federal and Postal workers are thrown down over the cliff as fodder for human sacrifice.

Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition no longer allows for fully embracing all of the essential elements of the positional duties required by the Federal agency or the U.S. Postal Service, know well that the Department of Health and Human Sacrifice exists for them.  Whether under FERS, CSRS or CSRS Offset, the relegation to this last bastion for infidels is the secret of modernity, kept in whispers where corridors of power and privacy prevail before being pushed down the chute of despair.

The only escape from such fated sacrifice is neither a replacement lamb nor a plan of refuge, but to prepare, formulate and file for an effective Federal Disability Retirement application through the U.S. Office of Personnel Management.  For, the Department of Health & Human Sacrifice was created under the guise of protecting the general public, when in fact its very existence is to advance the horrors as told by a generation of Orwellian drones; but, then, that is from a previous generation no longer relevant to current residents of modernity.

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