CSRS & FERS Medical Disability Retirement: Sand Castles

Walking the beach in the winter months, one can imagine the activity of the previous summer; of the gaiety of childhood mirth; laughing squeals of delightfully unrehearsed cacophony mixed with the rolling sounds of surf and sun swept music of hollow reeds bending in the dunes of nature’s creation; and of sand castles constructed for a day, only to disappear in the silence of night as the tide comes, toppling the singular turret and washing over the parapet walk, never to be inhabited again but for a future summer to come.

It is those very sand castles which we build, and to which we cling, then refuse to allow nature to sweep away, thinking somehow that through sheer human will and dominance of stubbornness, we can betray and defy the fragile nature of our being.  Clinging to bygone feelings of security and warmth is a characteristic of human folly.  We do it to our own detriment.

For Federal and Postal employees who suffer from a medical condition, such that the medical condition prevents one from performing the essential elements of one’s job, there comes a point of “letting go”.  Often, the time to do so has passed by; but so long as one is within the legal, statutory timeframe, it is never too late as a practical matter to file for Federal Disability Retirement benefits.  Whether under FERS or CSRS, a Federal Disability Retirement application is ultimately filed with the U.S. Office of Personnel Management.

For many Federal and Postal Workers, the recognition of making “that dreaded change” is a difficult decision to make; and like sand castles built for eternity in a child’s mind, the reality is that very few things in life last longer than the pull and tug of the tides of change which inevitably wash away the dreams we once held.

Sincerely,

Robert R. McGil, Esquire

OPM FERS/CSRS Disability Retirement: The Hearty Laughter

Laughter is therapeutic; it is an expression, often spontaneous, responding to an event, a circumstance, a joke; sometimes, merely upon meeting an old friend and becoming flooded with reminiscences of mirthful times long ago.

It is a response of physical, emotional and mental totality; the body reverberates with joy and the echoes emanating from deep within; the flood of emotions are released; the mind becomes relaxed and unguarded.  Often, however, it is the eyes which are most telling.  Listen to a person laughing, and you may be fooled; watch a person’s eyes as he laughs, and it may reveal a dissonance which contradicts and raises suspicions.  For, laughter can also be the veil which attempts to conceal.

Similarly, in this economy of heartless efficiency, the Federal and Postal worker who must daily attempt to work through one’s pain or psychiatric condition in order to continue to work, despite suffering from a medical condition such that the medical condition impacts one’s ability to perform all of the essential elements of one’s job, there comes a point where the capacity to present one’s self contradicts the reality of what is actually occurring.

Most Federal and Postal workers are such dedicated workers that they continue to work through a progressively deteriorating medical condition to one’s ultimate detriment.  At some point, the dissonance and contradiction will reveal itself; and it is at such a crisis point when the Federal and Postal Worker comes to realize that Federal Disability Retirement benefits, filed through the U.S. Office of Personnel Management, must be considered.

Whether one should wait until that flashpoint arrives is an individual matter.  But like the hearty laughter emanating from the deep chasms of a person whose eyes reveal pain and sadness, the Federal or Postal Worker who continues to put on a brave face each day, knows that as all the world is a stage, the actors must one day face the reality of the world in which we live.

Sincerely,

Robert R. McGill, Esquire

Pretending to Be Healthy and Fit in the Federal or USPS Workplace

Pretending is a game considered healthy for children, in almost all societies.  It allows for the expansion of “creative energies” inherent in the growing psyche, and to allow for children to take on roles, encounter other situations of fictionalized circumstances, and confront fears without actual harm or potentiality for damaging the growing psychological turmoil which constitutes the make-up of each child.  Besides all of that, it’s fun.

But at some point in the growth of a human being, pretending has to become dominated by the reality of daily living.

Some have suggested that the world of stage, actors, movies and entertainment shows, reflects an individual and a society which never emerged from the state of pretend.  On the other hand, anyone who has known or been associated with those who prepare for an acting career, recognize the harsh reality of long days and hard work necessary for engagement in such a career.  It is, rather, the individual in our society, who continues to pretend long past the time when such pretending is fun, which is of the greatest concern.

For the Federal or Postal employee who is considering filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, pretending that something is otherwise than that which is the harsh reality of one’s situation, will only exacerbate, magnify, and worsen the circumstances surrounding one’s case.

Pretending that one’s agency will not notice; pretending that one’s medical condition will go away; pretending that all will get better; pretending that…

The fantasy of pretend was to create a world of fun and laughter, and perhaps with some sprinkling of escapism; but when escaping the reality of the world results in the slow deterioration and destruction of what one has worked so hard for, then it is time to set aside the childish ways of pretend, and roll up those proverbial sleeves to contend with the world of reality.

If it takes pretending to go out and fight a battle to slay a dragon, at least such pretending will prompt one into action.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Divide between Words and Reality

The problem with the linguistic universe is that they create a parallel universe which can be completely devoid of any connection or correspondence to the reality of the world which we occupy; thus the span of genres of imaginary creations, including fiction, science fiction, fantasy; as well as the virtual world of video games (which encompasses language because of the imaginary conversations which act “as if” the events occurring in the game itself are real).

The danger of language is that it may well communicate far more than what the objective world represents; and, conversely, it can also convey far less than what one may intend.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the point of language is to describe and delineate the reality of one’s situation; the severity of one’s medical condition; the logical nexus between one’s medical condition and the positional duties one must engage; and the reasoning, based upon medical evidence, of why the Federal or Postal employee cannot perform one or more of the essential elements of one’s job.

The wide chasm between the world of language and the world of objectivity is the test of success; for, it is the one who can close that gap, and represent the reality of one’s universe by the correspondence of language, who will achieve a successful outcome.

The great divide between language and reality is a challenge which must be approached with care and trepidation; for, in the end, if language fails to correspond to reality, what would be the point of civilization in its endeavor to maintain the historicity of its existence?

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: Stark Reality

Immanuel Kant was an 18th century German philosopher who recognized the imposition of human categories, structures and conceptual perspectives upon the stark reality of the world around us.  Within such levels of an uniquely human perspective, we shape the barren reality and impose our perceptual constructs.

It is not something we have any choice in; by being uniquely human, we see the world in a human way, thereby bringing to it a comprehension and order which our species can embrace, just as other animals may encounter the world from its own unique perspective.  Thus, the world according to Kant became one of bifurcation — between the “noumenal” world which was unfiltered and unknowable, and the phenomenal world of our own “making”.

For Federal and Postal employees who are contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, one must always keep in mind the two parallel universes — the one which we hope for and often “make”, and the one in which we must survive.

When a medical condition impacts a person’s life to such an extent that he or she must contemplate filing for Federal Disability Retirement benefits, the phenomenal world of our making may include:  Hope that the Federal agency will treat us fairly; hope that the medical condition may improve or go away; hope that one’s work will not suffer as a consequence.  But in the stark reality of the noumenal world, one must recognize the unknowable:  Agencies rarely show a sense of sustained loyalty; medical conditions being what they are, will often remain on a steady course of debilitating progressivity; and one’s medical condition almost always impacts the ability to perform the essential elements of one’s job.

Walking about with a uniquely human perspective is something which we cannot help; gliding through life with self-deceptions is something which, while also uniquely human, one cannot afford to engage in for too long.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: The Law

The Law is a peculiar concept:  at once, it comprises the aggregation of individual lawyers, judges, clerks; it represents the legislative branch of local, state and Federal governments; it encompasses the buildings where the concept itself is applied, argued and rendered; it is governed by the multiple statutes, regulations, court opinions, etc.

Wittgenstein’s philosophical works on language games is interesting when one views the “law” from such a perspective:  the legal systems has no corresponding anchor in the “reality” of our lives, except in the very self-contained world of our language.  We speak about “the law”, live with its consequences, discuss “rights”, “legal precedence”, “court opinions”, without ever pointing to an object in the universe (except of our own creation, such as documents, buildings, people who are involved in the law, etc.) as a corresponding feature of relevance.  But certain areas of the law have “real-world” consequences.

Indeed, in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, the connective relevance between the law, the individual, and the medical condition contains a corresponding reality, impact and significance.  The individual who files for such a benefit, the “I” who is the Federal or Postal employee, experiences the very real medical condition; the engagement in the world, as a Federal or Postal employee, is an encounter which occurs in the reality of the day-to-day world.

For some, the “law” is not merely a conceptual construct; it is a basis for which to plan for one’s future, and maneuvering through the morass of this confusing world of reality, virtual reality, complexity of language games, and the burdensome and onerous weight of the legal maze identified as Federal Disability Retirement, requires a reality-check on a daily basis.

Reality as defined by a person who suffers a medical condition, is often more “real” than those who have never encountered the experiential suffering of such constancy of reminders, that to be alive is not merely saying the words; it is a daily struggle through the acute sensing of one’s own frailty.

Sincerely,

Robert R. McGill, Esquire