Attorney Representation for OPM Disability Claims: The strange story of X

He was always reserved, and became even more so in the last few years.  Never one to first say hello, but always quick with a smile whenever anyone passed by his desk, those in the office kept away from him – not because he was unlikeable, or even because he himself initiated any enmity or scorn, but merely because that was the way things were.

He was a stranger among coworkers where working together brought individuals of different perspectives, outlooks, backgrounds and personalities together to form a union of common objectives. He was older than most of his fellow compatriots, but not too old to stand out as stodgy or unwelcomed. Most others simply knew him because he had been there for as long as they could remember, and some, of a time when he had not yet arrived.

The strange story of X is just that – it is not so strange, and he was just another individual whose anonymity was pronounced by the very likeness to everyone else’s story.  In this world where people work together for years and years, but where neighborliness stops at the clock that shows when office hours end and the compensation to be received will not exceed the ticking of a minute thereafter, lives are lived in close proximity, but never known.

In other universes, in different civilizations, in foreign communities and amalgamations where the human species congregate in tribes, townships and collectives of human detritus, the strange story of X is often not of that stranger described, but of the others who never took the time to invite that stranger into one’s home.  The story always continues, of course – of the sudden disappearance, of rumors abounding, then the dissipation of any notice, until time concealed and the question went away; until the strange story of X became focused upon the next person who everyone passed by as a nobody amongst a universe of somebodies thinking that the strange story of X was unique in some way.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact the Federal or Postal employee’s ability or capacity to complete and fulfill all of the essential elements of the Federal or Postal position, the strange story of X is often a familiar one – except that, instead of the “person” himself, it is the medical condition that everyone, or most everyone, “knows about” but never acknowledges, and treats as if it doesn’t exist.

This is a funny and strange world, where the suffering of others is barely spoken about, and anonymity is preferred over empathy expressed.

Perhaps it is time to “move on”, and to do so, preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is a necessary first step.  For, in the end, the strange story of X is in the very estrangement of human beings from the humanity we have left behind, and fighting for a Federal Disability Retirement benefit may be the best hope of leaving such strangeness behind, where neither the workplace nor the coworkers will query much beyond a day’s absence when the clock ticks five.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Legal Representation: Paradoxes

Quine, probably the greatest logician since Bertrand Russell, notes that paradoxes often occur as a result of presumed beliefs otherwise left unstated, and once they are “fleshed out” through query and made explicit via closer scrutiny and analysis, the portion which befuddles often disappears.  Confusion within a language game, of course, is often a large part of it, and certain unstated preconditions and assumed facts otherwise implicit and hidden will leave the stated portion incomplete such that others must come along and unravel the mystery.

In a similar vein, statements made as “necessarily” so also retain unstated presumptions.  Thus, if we claim that “the sun will rise tomorrow”, we are asserting that it is “necessarily so”.  If a child asks, “Why is that so”, we will often revert to nothing more than Hume’s response that because it has always risen in the past, and the revolution of planets and rotation of the earth around the sun has been a reliable compass upon which we can depend, it is the regularity of events in the past that determine the necessary expectation of repetition for the future.

It is, then, those unstated or “hidden” presumptions that made certain statements and claims unclear, and the job of an attorney is to clarify that which is left in a muddle.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where it becomes necessary to file an effective Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the questions surrounding paradoxes and necessity can be important.

Medical conditions can certainly be paradoxes.  Without explanation, they can debilitate, progressively deteriorate and impact a person’s ability and capacity to continue on as before.  Even with a medical diagnosis, prescribed course of treatment and sometimes surgical intervention, they may remain a befuddlement because of a lack of knowledge or explanation.

Having such a medical condition may nevertheless require that the Federal or Postal employee file for Federal Disability Retirement benefits because the Federal or Postal employee is no longer able to perform one or more of the essential elements of the Federal or Postal job.  The filing itself becomes a “necessity”.

The gap between the paradox of the medical condition and the necessity of filing a Federal Disability Retirement application through the U.S. Office of Personnel Management becomes quite clear: Necessity does not equal entitlement, and the paradox must be proven.  In doing so, implicit facts must be explained and explicated, and more than an argument of “because it has always been so” will have to be put forward to persuade OPM of the viability of one’s case.

To that extent, do not allow for concealed and presumed “facts” to defeat your Federal Disability Retirement application, and never allow your statement of facts to remain a paradox, lest it become “necessary” to engage further steps of appealing the Federal Disability Retirement process in pursuance of an approval from OPM.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Consequence of Indecision

Why is it that some are able to make thoughtful decisions within a relatively short span of time, while others are paralyzed by indecision?  Is it purely a reflection of that — of “thoughtfulness” as opposed to lack of thought?  Or, perhaps because some have already predetermined the applicable criteria which is immediately instituted, like placing a window frame upon a hole in the wall, thereby capturing the stillness of scenery ensconced in a timeless warp of alternative displays?  Is it important to have set up a “criteria” upon which characteristic distinctions can be made, separated, identified, then dissected for evaluative reduction such that the proverbial chaff can be separated from the wheat?

Recognition that some decisions are based purely upon appetitive criteria — such as choosing a meal from a menu — as opposed to selecting a college to study at, a career to enter, a job opportunity to consider; what is the applicable criteria to help frame the issues to be questioned, inquired into, resolved?  And where do values come in — belief systems, what one holds dear, whether there are normative cultural pressures to consider, and the moral caveat which precedes the judgment of friends, family and relatives?

For Federal employees and U.S. Postal workers who suffer from a medical condition, at what point does the Federal or Postal employee consider filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management?  is it when you finally drop dead?  Is it when you become so debilitated that you cannot make it into the office any longer?  Do you destroy your body, soul and psyche in order to prove a point of loyalty?

Fortunately, the law itself helps to frame the decision-making process.  As OPM Disability Retirement requires that certain age and time in-service criteria be met, and further, that the Federal or Postal employee is no longer able to perform one or more of the essential elements of one’s positional duties,  some of the work necessary to “make a decision” has already been initiated in an “objective” manner.

In the end, however, even the child who first enters an ice cream shop and realizes that the world is not bifurcated into simplistic binary systems of “either-or”, but presents a multitude of endless summers of nuanced pathways to ecstatic completion, who must ultimately point to, and choose, between alternative compasses which will navigate one into the future of one’s contentedness, or dark chasms of dismay.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Faking it

We often judge the complexity and sophistication of a species by evaluating the extent of negative capacities.  Thus are humans considered to be advanced creatures because of the capability of lying, subterfuge, dissimulation, pretense of behavior, and other such undesirable characteristics. But other species can “lie” as well, if one accepts faking matters and circumstances as constituting that sort of advancement of evolutionary behavior.

Predators can “act like” they are asleep, or even dead or noticeably unaware, in order to lure the prey into a somnolence of cautionary approach.  Birds can mimicry others; and chameleons can adapt and change in order to engage in subterfuge.  But the true test of sophisticated advancement is the ability to defy an inevitable reaction to a cause, and to simultaneously suppress it.  As pain is a natural alarm system which the body necessitates a reaction to, so the act of concurrently concealing it requires an enormity of self-discipline rarely found in species other than in humans.

Federal employees and U.S. Postal workers who suffer from a medical condition engage in such subterfuge on a regular basis.  Whether in attempting to extend one’s career for a period greater than self-interest, or of necessity to survive among the pack of hyenas comprised of Federal agencies, their cohorts and co-conspirators, the Federal and Postal employee who suffers from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s job, faking it becomes a daily routine requiring self-containment and discipline of an extraordinary capacity.

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 an avenue of relief where the threshold and intersection between concealment and level of pain can no longer be tolerated.  It is the exit by which Federal and Postal employees find where once there was none.  For, in the end, the predator wounded and laying in wait for the injurious cause to approach with lesser caution, in order for the prey to become the aggressor, the danger is that one may wait too long and bleed to death, and unknowingly reverse the intended fortunes of the day.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government: The Run

Stockings and watercolors do it; time, with quietude and solace of a steady march, moving with predictable sequence like the consistency of a drumbeat; and, of course, the rhythm reminiscent of cardiac health, as do joggers and concerned citizens chasing down a purse snatcher to retrieve a possession of identity.  And life, too.

Sometimes, there is a good “run” of something — a lengthy period of calm and productivity, where all of the pistons of a complex and interactive mechanism akin to a turbo engine are firing away in tandem, and life is good, fruitful and positive.  But the inevitability of a breakdown can always be around the proverbial corner; a medical condition, suffered by a Federal or Postal employee, is not merely a stoppage of such a “run”, but can be a disruptive cacophony of ceaseless interruptions, both to career and to personal contentment.

The key is to get beyond, over, or around the obstacle which lands in the middle of one’s pathway for future well-being.  The child who fails to see the watercolors running; the invention of the stockings that never run; the life that seemingly runs smoothly; all, a perspective wrought at a price of neglect or deliberate ruse.  The fact is, life always has interruptions.

A medical condition can be a major one, and when it begins to prevent one from performing one or more of the essential elements of one’s positional duties, the Federal or Postal employee under FERS, CSRS or CSRS Offset may need to consider an alternate course and begin anew a run of a different sort.

Filing for Federal Disability Retirement benefits is indeed a change of course.  It involves a complex bureaucratic strategy to get from point A to destination B, and the administrative obstacles are many, but not insurmountable.  And, like the verb itself, it provides many meanings for differing circumstances, but the one and central root of the process involves embracing the paradigm that life is never as easy as one thinks, and like the child who believes that he is the next Picasso in training, the run of the unpredictable always betrays the truth of our condition.

Sincerely,

Robert R. McGill, Esquire