Lawyer Representation for OPM Disability Claims: The Cynic’s Corner

The Cynic’s Corner is that part of the mindset that has encountered the worst of human behavior; where sunshine is merely a prelude to a dark cloud; when brightness is predicted to last for only a short while; and where — when a declaration is made with a joyful sound of delightful exclamations like, “It’s the weekend!” — is immediately followed by the undermining postscript, “Yes, and then Monday follows.”

The view that life’s brutish perspective can be seen in stark contrast with the idealist’s naïveté that everything has a bright side to it, that human depravity always wins out by love, and sunshine always follows a cloud burst or a week of rainy Sundays.  Is moderation always the answer to the charge that truth never fits upon the spectrum of excessiveness, and it is the extremes of perspectives that defy the logic of truth?

The Cynic’s Corner is attained and reserved by and for the aged; for it is only by experience of life’s encounters with daily human depravity that one can come to the conclusion that the Cynic’s Corner has reached.  The fresh smile of youth’s hope; the innocent eyes for the swan in flight or the fawn in the hunter’s headlights; these will dissipate like time, wrinkle-less laughter and the fresh bones of a healthy body; and then the cynic whispers, “But in the end, we all wither and die.”

Perhaps.  Or, more to the point, Yes, there is certainly an end to everything, but isn’t the point not of how it ends, but of the manner it is lived?

For Federal employees and U.S. Postal workers who suffer from a medical condition where the medical condition itself has reached a critical point of “no return”, it is important to prepare an effective Federal Disability Retirement application, whether you are under FERS, CSRS or CSRS Offset, and submit it in a timely manner with the U.S. Office of Personnel Management.

If you are already a member of the Cynic’s Corner, then you will have already concluded that everything that could go wrong in the preparation, formulation and submission of the Federal Disability Retirement application, can and often does go wrong, and that is why consulting with an attorney who specializes in Federal Disability Retirement law is an essential feature and component of the entire administrative process, lest you have renounced your seat at the Cynic’s Corner and have instead joined that “other” club — the Knights of Naïveté.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: Unwillingness

What is it about a personality that is unwilling?  Is it pure obstinacy?  Or, perhaps a personality trait of stubbornness that goes against the very nature of a person’s essence?  Such traits or quirks of personalities are interesting, precisely because they can fluctuate depending upon the particular context encountered.

Take, for example, an important conference where negotiations are occurring — say, in the settlement of a lawsuit or the consequential merger of two giant companies, etc.  If one of the principals in the negotiations has a reputation of “unwillingness” to compromise, or during the course of back-and-forth give and takes, it becomes apparent that the chief negotiator is unwilling to move an inch, we say of the person that either his (or her) unwillingness to reach a common accord is X or Y — i.e., tenacious to certain unmovable principles; stubborn; intractable; a “brilliant” tactical negotiator, etc.

Now, take the same example but with an individual who is willing to bend and allow for concessions — we might say of that person that he or she is “reasonable”, or that he is a wimp or she is without integrity.

But “unwillingness” has a special characteristic and connotation, does it not, from the rest of the personality traits described?  Especially if it is a permanent feature of a person’s makeup, and not merely a temporary, stubborn streak that may change and alter later on, or in a week, or in an hour’s time.

There is both something admirable as well as exasperating when referring to a person who has a personality characteristic of “unwillingness” — whether based upon an inner principle that drives the intractable nature, or perhaps a quirkiness of nature that refuses change.  The test of that unwillingness, and whether it is apparent only in certain particular and unique circumstances, or whether that is a permanent feature of a person’s internal mechanism, can only be tested through the spectrum of one’s life.  Such a personality trait can be admirable and reflect an evolutionary advantage in surviving the encounters with the world at large, or they can be a self-inflicting wound that can destroy and defeat.

For Federal employees and U.S. Postal workers who have an unwillingness to throw in the proverbial white towel despite all evidence that shows that the Federal or Postal employee is no longer able to perform one or more of the essential elements of one’s Federal or Postal job, the alternative one must face can be daunting: continuing to endure the medical condition despite the debilitating nature of the trauma; the increasing harassment that must be faced because of excessive taking of Sick Leave, Annual Leave or LWOP; the the questioning looks from Supervisors, managers and coworkers, etc.

Federal Disability Retirement, of course, is an alternative course of action — of recognizing the need for change, the requirement of pliability, and the necessity for modification in one’s life.

Yes, “unwillingness” is often an admirable trait to cling to, but for the Federal or Postal employee who can no longer perform one or more of the essential elements of one’s Federal or Postal job, it can be an obstacle to a necessary next step in preparing, formulating and filing an effective 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.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation OPM Disability Retirement: Thinking it through

What does the concept even mean?  When we guide the child with such a statement, we are asking that the formative years of impulsive reactivity pause for a moment to try a different approach.

“Think it through” – is an admonition to figure out the tangled web of problems by applying a sequential, logical methodology where frustration should not impede, and when patience becomes the friend of success.

“Thinking it through” is a reminder that there is indeed a solution, but sometimes the problem will only be sorted out if some further time is given in reflective pose, or Sherlock Holmes-like investigative intuition based upon the scientific paradigms of rationality.  Yet, one must also be reminded of the fact that “solutions” to problems do not always lead to satisfactory conclusions; sometimes, there are a finite set of alternatives, and no one of them may be an option that one delights in.

But, then, life is often like that, isn’t it?

We are beset and faced with a challenge; we review them, thinking each one through, and in the end, we face a dilemma where the solutions offered or revealed are not necessarily the ones we like; nevertheless, we must choose, like entering into an ice cream parlor at the end of a summer’s day only to find that all of the favorite flavors are gone and we are left with rhubarb spice and cotton-candy mixed with peanut butter drops – somehow, not the best of combinations and understandably left for those who came too late.

Then, of course, there are the questions for everyone who posits the answers as “thinking it through” – does the person have the sufficient knowledge and preparatory tools to actually figure out the problem?  Or, are there necessary pre-performance insights that must be gathered first, before the proverbial “key” can be used to solve the problem?

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, the question of “whether” to file for Federal Disability Retirement benefits is best left to the Federal or Postal employee who recognizes the wisdom of the incompatibility between the Federal or Postal job and the medical conditions suffered.

It is only the “how” to file that needs some “preparatory” work and knowledge; for, that part of it involves the law, the regulatory morass and the bureaucratic complexity of submitting the 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.

For the latter, “thinking it through” may not be possible without the insight and knowledge of a Federal Disability Retirement attorney who specializes in that field of law exclusively.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government Employment: Amoebic Devolutions

What if the telltale signs are there, but we cannot, or are unwilling to, recognize them?  Perhaps the forward progress has already stopped, and we are in the throes of having reversed course without knowing, and that the innate genetic material by which Darwinian advancement promised a glowing epicenter of continual advancement, has in fact turned around, and we are witnessing the march towards a regressive, amoebic devolution?

Maybe we have already reached that penultimate pinnacle of a paradigmatic precipice, and the discovery of our technological prowess has already peaked, to where humanity’s U-turn is characterized by the behaviors we exhibit towards each other, to institutions we once beheld, and of reflections in misty ponds where our own images can no longer be discerned with clarity of teleological purpose, but where childhood dreams were once of fluttering butterflies, colorful not just in flights of fancy but in the twilight moon of castaway days, when goblins, elvin creatures and hobbits of yore delighted the human soul with imaginations beyond mere cravings of fantasies, but of that time when the breath of peaceful solitude cast shadows beyond the cavernous dangers where ogres lie?

Certainly, one can make a forceful argument that, If X constitutes the highest achievement of Man, then Y must be an indicator that the deconstructionism of civilization has already begun the process of devolving further into the abyss of decadence of soul.  Is this all there is in life?

Once, in days of Roman legions and civilizations expanding with the quickened pace of cultural upheavals, the dawn of man’s hope and the pinnacle of invention, the arts and the Renaissance of Timeless beauty brushed across the canvas of humankind, and revealed the inner sanctity of an empty religiosity.  There are no more principles worth dying for; and that is precisely why people blow themselves up.  There are no causes valued; and that is why despair pervades throughout.  Are those two candidates the best we can offer?

Do we treat our spouses as we would our best friend, before we discard the years of shared belongings like so many dishrags we fling down the garbage chute?

For Federal employees and U.S. Postal workers who suffer from a medical condition, in addition to the harassment, difficulties and intimidations felt at work, it is often an agonizing decision to make — to take that initial step in order to begin the process of preparing, formulating and 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.

For, the tripartite compartmentalization of one’s life must coalesce in order to advance:  Recognition that the “status quo” cannot continue; a medical condition which prevents the Federal or Postal employee from performing one or more of the essential elements of the Federal or Postal positional duties; the ability and capacity to amass and prove, by a preponderance of the evidence, that all of the eligibility criteria for OPM Disability Retirement benefits are met.

And of the amoebic devolution?

That march in the midst of time cannot be stopped, any more than the harassment, intimidation and workplace hostility can be set aside; and as the latter is probably an indication of the former, it is best to accept the reverberating laughter of the gods who look coyishly down upon the caverns of that hell we create, and wink at them from afar with the knowledge that we may well join them in the greatest farce we have staged — that of Man’s capacity to live in his own excrement while delusionally opining on how cultivated he believes himself to be.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement Program: Word Piles

The etymology connotes the Biblical narrative found in Genesis, generally referred to as the Tower of Babel; in that case, not of words, but of civilizations attempting to reach the heavens in order to breach the power of the universe.  But Babel was more than the diaspora of a rebellious cabal of God’s children gathered to defy and deface; it had to do with evil, impure intent, and the conspiracy of human depravity in the face of a pure heaven and the violation of man’s sacrosanct relationship implicit after the metaphor of the Great Flood.

Words, likewise, hold such a contractual connection.  They were meant to convey the differentiation between Truth and Falsity, and to correspond to the objective universe in communicating the worth and beauty of a sanctified world.  The defamation of that level of spiritual relationship was violated not because of the tower’s construction; rather, Babel’s unanswerable sin had to do with the depravity of the human heart, and the essence of a soul’s darkening.

Whatever the motivation of the gathering’s aggregate will never be known; and of individual reasons for participating in the construction of such a structure, we can only guess at; but what is clear is that the response was one of anger, and such reaction must have had a reason:  the dispersion was both an explanation of the state of current affairs, a forewarning for any who might consider future similar actions, and a consequence of man’s violation of a once-sacred right.

Modernity suffers from a parallel state of affairs.  Though clinging to the paradigm of a Darwinian explanation of human history, and devoid of everything spiritual, mythological or generational transfers of traditional narratives, the metaphorical pile of words we amass reflect not just an attempt to become gods ourselves, but in the very process, to rebel against the very foundation of what words were meant to accomplish.

Once upon a time, in the flickering shadows and glow from fires where the village gathered to hear the storytelling ancients of the town historian, sorcerer and magic healer, the traditions carried forth from the inception of timelessness into the mysteries of the heart would pierce like the spear of the warrior, and children listened with wide-eyed wonder at the shaman who effortlessly rolled the tales from tongues emitting not mere sounds, but images and shadows of pictures more frightening than the lion’s roar or the wild boar’s tusks.

Words spoken, meant something, then.  Truth was bundled in the very telling of the tale; and falsity reflected the depravity of man’s heart, confounded by the loss of innocence in a world gone mad.

We can still get a sense of that — that encounter with words, meaning and truth; and, indeed, for Federal employees and U.S. Postal workers who must convey facts, circumstances and narratives of human experience when preparing, formulating and 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 piling of words upon words must convey a test of reality, and a dose of the shaman’s storytelling.

Preparing a Federal Disability Retirement application is, in the end, not just creating a word pile; it is to communicate the essence of the human condition in a world which often fails to listen, and refuses to hear.  That is why it is important to formulate it effectively, accurately, and with a coherence beyond mere word piling, lest the fall be a cloud of dust greater than the collapse of the Tower of Babel.

Sincerely,

Robert R. McGill, Esquire