Tag Archives: the nexus between the reality of your illness and job performance must be explained in clear English

The Basic Question Of “What?” during the Federal Disability Retirement Application and Process

“Why” evinces a quality of curiosity, and perhaps of disbelief; “who” indicates a need to establish an identity and source; “how” demonstrates a pragmatic approach in determining a future course of action; and “what” reveals the yearning to unravel the foundations of basic principles, as in Aristotle’s methodology in his Metaphysics.

Before the first storyteller or shaman put on a mask to enhance the mysteries of healing and divination; long before the wide-eyed children gathered with the adults around the village center where the bonfire roared with flickering shadows of unknown powers beyond the periphery of the fireflies beaming in the distant darkness of dangers beyond; and well preceding the written account of human history, where anthropology and narrative fantasy melded to provide reminiscences of prehistoric days created in the imaginations of youth, the question of “what” was uttered in innocence.

What is the meaning of X? What happened? What makes a thing become itself? What is the essence of being?  Thus for any entrance into a fresh endeavor, the human need for satisfying the “what” of a matter is the prefatory step towards progress.

For the Federal and Postal Worker who is contemplating filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS, the initial question might be: What constitutes a “disability”?  In that question is the key which often opens wide the conventional confinement which so many people are locked into.

For, in the traditional sense, the focus of the answer to such a question is contained in the definition and diagnosis of a medical condition.  For FERS and CSRS Federal Disability Retirement, however, the expansion of the answer goes well beyond the strictures of a diagnosis.  It is the nexus, or the connection, between the medical condition and symptoms, on the one hand, and the positional requirements (whether physical, mental or emotional) of one’s Federal or Postal work, which establishes the answer.

Once the Federal and Postal employee gains an understanding of this differentiating concept, then the doors open wide beyond the confinement of OWCP benefits or Social Security Disability benefits.  Thus does one approach Federal Disability Retirement with trepidation in asking, What qualifies as a disability?  For, contained within the question is the implicit and unspoken answer: such a query already implies a problem, and the problem likely is an impact already being felt upon one’s inability to perform one or more of the essential elements of one’s positional duties of one’s Federal or Postal employment.

As with the first causative rumblings deep in the consciousness of one’s soul, as a child first begins to question the complexity of the universe surrounding the inner self of the “I”, the question uttered alters the relationship between the being of “I” and the objectivity of “others” in a perplexing world of unanswered questions; but in the end, the “what” is a first step, and so it is also for the Federal and Postal employee who is considering filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether you are under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: Substantive Reorganization

It used to be that social conventions, customs, values and mores were deemed inviolable and unchangeable; then, when Western Philosophy realized that complex problems and conundrums could be solved by merely tinkering with language, and that the elasticity of linguistic anachronisms were far more susceptible to alterations than attempting to modify human behavior, all such problems disappeared, and the utopian universe of studying one’s own navel was established.

Whether such creation of a virtual reality and parallel universe will result in the expected quietude and peace of the human condition; and whether linguistic latitude satisfies the bubbling undercurrent of human query, only time and eternity will reveal.

Lawyers probably had a lot to do with it.  Lawyers, on the whole, believe fervently that language is the greatest and most powerful of tools.  Look at the legislative branch of local, state and Federal governments; who populates them?  Why lawyers? Because by going to the heart of the entire process, and controlling and advocating for the statutory language at its inception, one can assert and dominate with the greatest of powers:  the power of language in the law.  But what of reality?  The reordering and reorganization of one’s life cannot always be accomplished by the mere changing of wording, or by redefining what one believes in.

Sometimes, there has to be a substantive reordering of one’s life.  One cannot redefine what illness or medical disability one must face, and expect that a material change will occur.

For Federal and Postal employees who must face a medical condition, such that the medical condition has impacted one’s vocation and livelihood, the duality of language and reality must be faced:  The Federal and Postal Worker must attend to the substantive problems of the medical condition, while at the same time file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS, and engage in the administrative process of linguistically persuading the U.S. Office of Personnel Management of the substantive reality of the impact of one’s medical condition upon the ability to perform all of the essential elements of one’s Federal or Postal position.

But be not confused between the duality of efforts; it is the substantive reorganization of one’s life which is by far the more important; the reordering of language to fit the reality of the human condition is mere child’s play compared to the reality of suffering one must go through in attending to the real-life problems of a medical condition.

Sincerely,

Robert R. McGill, Esquire
Postal & Federal Disability Lawyer

 

Medical Retirement for Federal Workers: The Rule of Words

When does a child recognize the power of language? Perhaps it is at the moment when the ineffective response to a tantrum occurs, precisely because the demands conveyed by the destructive actions have not been adequately understood. But once the verbal ransom is received, linked to the potential screams and flailing of arms and legs, hence the power of words becomes consciously recognized.

Linguistic leverage contains a duality of meaning when stated in the concept of a “rule”; on the one hand, it means that there are certain criteria which must be followed in order to maintain the protocol of meaning and conceptual comprehension and intelligibility, as in the statement, “The Rules of language must be followed”; on the other hand, it can also convey the idea that language encompasses a power beyond the mere visibility on paper or on screen, as in: “Language rules the day”. It is the combination of both which, when followed and applied effectively, allows for the explosive efficacy of a presentation.

For Federal and Postal employees who are considering filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether one is under FERS or CSRS, it is always important to understand and appreciate the fact that a Federal Disability Retirement application is first and foremost a paper presentation to the office which makes a determination on the packet. Thus, tantrums and pleas will not move the bureaucracy; however, effective word usage will.

The connection between action and language must be contained in the Federal Disability Retirement presentation itself, through effective and persuasive use of language. When once upon a time a tantrum served one’s purposes well, such a time became long past when the rest of the world determined that language needed to be delinked from actions, and it is language alone which would rule the day.

For Federal and Postal employees suffering from a medical condition such that the medical condition impacts the ability to perform all of the essential elements of one’s job, the “action” part of the process is left to dealing with the medical condition itself. For the formulation and filing for the administrative procedures identified as “Federal Disability Retirement benefits“, it is the language itself which will rule the day, by following the effective rules of language.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: Real Things, Once Upon a Time

One wonders the precise point in historical time when Man decided to consciously escape the harshness of the objective world.  It is perhaps when Kant identified the bifurcated world into the phenomenal world which we experience through sense perception, as opposed to the “noumenal” universe beyond our ability to perceive or even experience.  By creating such a distinction, he at once solved the problem of metaphysics by banishing that which we cannot experience, into a segmented concept of irrelevance.

But within the perceptual world of our daily experiences, we then went on to create other worlds — ones which included virtual realities.  At first, one had to travel elsewhere, to video arcades and malls, in order to escape for a brief moment into the world of other galaxies and wars fought within the constraints of 2 x 3 screens. Then, such parallel universes were allowed into our homes through video monitors hooked up to television sets and the like; then to desktop computers, and the rest is now ancient history.

Our escapism into the virtual reality within the perceptual reality of our categorical constructs, continues with each breathtaking “new” and “better” invention, allowing us to lose ourselves into the fantasies of our own making.  But the harsh reality of the world around us does not diminish. When, for example, we are hit with a medical condition such that no amount of escapism works to make the impact disappear, then we have no choice but to directly confront and engage the reality of life.

For Federal and Postal employees faced with the reality of the medical condition, such that the medical condition impacts the ability to perform the essential elements of one’s job, it becomes important to confront such a reality by gathering all of the useful, pragmatic, and helpful information in making the proper decisions for one’s future.

Filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS; how that impacts with one’s age, number of years of Federal Service, etc., must all be taken into account in making a proper decision.  Such a time as now, when one is surrounded by parallel universes of playful electronic media, must be set aside in order to “deal” with the reality of one’s situation.

Virtual Reality is just that — not quite real.

The reality of the real is what must come first, and for the Federal and Postal employee who must consider filing for Federal Disability Retirement benefits, the historical context of the Kantian separation of our two worlds merely voices an interesting moment in history, but one which has little to no impact upon one’s everyday world of realities.

Sincerely,

Robert R. McGill, Esquire

OPM FERS/CSRS Disability Retirement: Substantive versus Linguistic Redefinition

Once the acceptance of dissociative dichotomy between language and the objective world became entrenched, the path of ease with which to tinker with language in order to adeptly fit language to reality (i.e., redefine words, concepts and meanings) became a simple next step in the process.

There are, of course, limitations.  A rock thrown and shattering a bottle is difficult to avoid, no matter how much linguistic gymnastics may be engaged.  For reality-based situations which must encounter the language game, one cannot come closer to the correspondence necessary than when one encounters a medical condition.

For the Federal and Postal Worker who must confront the reality of a medical condition, such that the medical condition impacts one’s life, livelihood and future financial security, the reality of the importance of “getting it right” is never more certain.

Often, the question is asked on a purely linguistic level: Will medical condition-X qualify me?  That is the wrong question.

For, Federal Disability Retirement, whether under FERS or CSRS, filed through the U.S. Office of Personnel Management, the question must be asked in an alternative manner, because the entire process of proving one’s case is unlike Social Security Disability and other forums.

In those “other” criteria, the identification of the medical condition itself — i.e., the linguistic identification of the issue — will often be enough to determine qualification criteria.  But for Federal Disability Retirement purposes, it is the direct encounter and confrontation between language and reality which must be faced and embraced: Not “what” identified medical condition, but rather, “how” the medical condition impacts, in the real world, the essential elements of one’s job and how one can adequately perform them.

Thus, Federal Disability Retirement cannot avoid the correspondence between language and reality; it is that very question touching upon the nexus between language (the identified medical condition) and reality (how that medical condition impacts the physical or cognitive ability of the worker to engage in the world) which must be answered.  Thus, no matter what linguistic deconstructionists declare: language does require a correspondence with reality, and truth does still matter despite the hard-fought and persistent attempts to otherwise make irrelevant that which we all accept in the everyday world.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: The Theory of Correspondence

20th Century Philosophy has witnessed the steady progression of deconstruction; of centuries of attempting to answer age-old questions which challenged the mind, only to be declared that it was, all throughout, the question which was the problem, and the imprecise manner of communication through language difficulties and conceptual confusions that created the unfathomable difficulties, and that therefore there are no substantive problems in philosophy to solve.

Bertrand Russell, the entire tradition of English Empiricism, and long comes Wittgenstein; and any theory of correspondence between language and the “objective” world was cast aside as being impractical, unendurable, and in the end, untrue — though, as truth itself became an empty concept, it remained a puzzle as to how such a declarative end could be proposed.

But it was ultimately the devaluing of correspondence which became most troubling; for, now, as there was and is no connection between language and reality, so an individual can do and say one thing, and be and remain another. Perhaps that is why Facebook, Twitter and electronic media are so popular; we have become who we merely declare we are.

That is often the insidious nature of a medical condition; when once it becomes known, we want to ignore it, conceal it, and think it away; but somehow the physical reality of one’s life cannot be erased so easily as words on paper, or through the use of a ‘delete’ button.

Medical conditions really do impact us; and if the Federal or Postal employee finds him/herself beset with a medical condition such that it prevents one from performing the essential elements of one’s job, then the reality of a career’s end and a change of vocation is one which is beyond mere words. But words and completing forms are what must be performed in formulating, preparing and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS or CSRS.

So, in the end, the integrity of correspondence occurs, despite what modern philosophy says — there is still, and will always be, a connection between language and reality, and that is clear and unavoidable for the Federal and Postal employee who must attempt to maneuver one’s way through the bureaucracy and administrative procedures of a Federal Disability Retirement case.

Sincerely,

Robert R. McGill, Esquire