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

 

Lawyer Representation for OPM Disability Claims: The story

Everyone has one; some, more interesting than others; others, less interesting than most; most, told in disjointed streams of subconscious dilemmas often coopted by deceitful tellings that leave amiss the juicier elements that would otherwise offend.

Is there “the” story, or just many little details comprised of “a” story here, a story there, and in the aggregate, it makes up the total picture of a person?  Can one ever know a person in his or her fullness, or must there always be left out an element of surprise, mystery and a deficiency otherwise not noted?  Can people be married for 50 years and still be surprised by something in the other spouse’s past?

How are memories triggered to begin with — say, for example, a couple has been married for half a century or more, and one night they get a carry-out from a newly-opened restaurant in their neighborhood that serves a special Moroccan dish from the menu, because the restaurant owner’s wife’s late husband’s third cousin twice removed recently visited the country and brought over a recipe that could not be resisted.

The two older couple (yes, you may infer from the fact that they have been married for over a half-century to connote that the couple are rather elderly) sit down for this delectable dish, and as they begin serving the various food items and transferring them from the paper boxes onto dinner plates, the wife takes in the aroma of the vegetables, cooked in a certain sauce, and declares to her husband, “Oh, this reminds me, I was in Morocco when I was younger.”

Now — for fifty some odd years, this couple has been married; they have had children; they have shared the many stories to tell, both included and some where each experienced a slice of life separately; and one would think that such a detail as having been to a foreign country which not many Americans visit in the first place, would be something that was told during the course of their long and lasting relationship.

What would be the explanation for not having told?  How about: “Yes, I was kidnapped and held for ransom for months, and I repressed the memories these many years”; or, “Oh, I was just 2 or 3 and don’t really remember much about it, other than my parents dragging me to Morocco just to get away”.

Such explanations might be understandable; but how about the following: “Yes, I was there for 5 years, from about the age of 10 – 15, and it was the most impactful experience of my life.”  Now, this last explanation — one would wonder, of course, what kind of a marriage this elderly couple could have had if the spouse had never related the most “impactful” period of her life, would one not?

“The Story” of one’s life will always contain some omissions (that is a conundrum and an oxymoron, is it not — to “contain” and “omit” at the same time?) about various experiences encountered, but that is a natural course in the very “telling” of one’s narrative.  Most narratives have a beginning and an end; some are interesting, others not; but in the telling, the narrative itself must be coherent and comprehensible, as well as containing relevance and significance within the meat of the narrative itself.

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 ones’ Federal or Postal job, it may become necessary to prepare, formulate and file 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.

During such an administrative process, it is necessary to “tell one’s story” by completing SF 3112A, Applicant’s Statement of Disability.  It is a “slice of life” story, and should be as compelling as the aroma that triggered the admission of one’s Moroccan past — for, every story is a unique one; it is in the telling that brings out the mystery of a person’s singular tale of painful experiences, and this is one more slice that needs a coherence within a narrative required in order to obtain a Federal Disability Retirement benefit.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation for OPM Disability Claims: Tone and tenor

In music as well as in grammar, the first word remains somewhat constant, in that it refers to the sound itself – how it sounds, the decibel level, the texture and coherence, etc.  Between the two, it is the tenor that alters, for in music, it refers to the male voice intermediate between the bass and the alto, while in grammar it is the content and substance of that which is said.

Thus, in either manner of usage, whether in music or in grammar, the combination of both is a bifurcated distinctiveness that goes to the duality of the following:  How it is being played or said, as opposed to what is being emitted or posited.  Both in verbal communication, as well as in written delineation and presentation, each are important.  In the former, one can often modulate the first upon the second, and even adapt the second in order to “soften” the first.

Thus, a person might say, “Go take a hike” in an angry, unforgiving manner, and the words spoken are consistent with the tone granted.  Or, one can say it in a joking, soft-spoken manner, and suddenly the tenor of the words take on an entirely new meaning – for, no longer do you actually mean the words themselves, as in “Please go away, I don’t like you and I don’t want to see you”; rather, stated in the second manner, it can simply be a cute retort, a friendly quip or a joking gesture.

In writing, however, one must be quite careful – for the tone of a sentence is encapsulated within the tenor of the written statement; the two, being entangled by the written mode of communicating, can easily be misinterpreted unless carefully crafted.  That is why texting, emailing and other written modes of delivery can be dangerous vehicles easily misunderstood and taken with offensive intent that otherwise was meant in a different manner.

The “tone” of a written sentence, paragraph or page must be intimately woven with the context of the “tenor” presented; and how the reader or recipient reads it, what internal “tone” is ascribed, can be misguiding.

For the Federal employee or U.S. Postal worker who must prepare 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, the tone and tenor of a Federal Disability Retirement packet is important to consider.

Will a somewhat “third-person, objective” persona be assumed?  Will the SF 3112A, the Applicant’s Statement of Disability, be presented in a cold, clinical manner, where the tone is set “as if” someone else is describing the personal issues of the medical conditions, as well as their effect upon the Federal or Postal employee’s capacity and ability to perform the essential elements of the Federal or Postal position, or will it be more likened to a weeping bundle of hysterical cries begging for approval, or even closer to an angry shout that deafens the ears of the U.S. Office of Personnel Management’s assigned “specialist”?

Tone and tenor need to be decided upon early on in preparing, formulating and filing an effective Federal Disability Retirement application, and it may well be that consulting with an attorney who specializes in preparing such applications will ensure the proper modulation in both the tone and tenor of an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Bugs

Some are systematically exterminated; others, kept by organic farmers for their predatory advantages, including killing others; and still others are quickly brushed off as pesky little creatures not necessarily bothersome in numbers or even in appearance, but because “bugs” are simply not tolerated in an antiseptic universe where good order and neatness cannot include the appearance of a creature that may do nothing but crawl, creep and fly about in the open space of a garden, within a house or along the fence posts.

They have become a generic “catch-all” phrase that includes anything that moves about that is smaller than a rodent and larger than a speck of dust.  We have, additionally, transferred the sense of anathema in a more metaphorical manner, as in “bugs” in computers or in other appliances that fail to work properly, as if the living bugs in the universe are equated with those imaginary deficiencies of human technological innovation.  Then, there is the phrase, of course, of being worried about something, or having something bother one’s thoughts and invading the peace of one’s mind, as in the question, “What’s bugging you?”

We attribute and project from experiences we have had, and by analogy and metaphor transmit reputations that may never be deservedly ascribed.  Bugs are, in the end, creatures that are avoided, entities that have a reputation encompassing something less than desirable, and for the most part, have become a focus for instincts to exterminate, no matter that they are environmentally positive and have contributed to the balance of nature for endless ages.  And yet, we squash them without a second thought, brush them aside and swat at them to rid them from this universe.

They are, in many respects, tantamount to a microcosmic manner in which some people treat other and fellow human beings.

For the Federal employee and U.S. Postal worker who suffers from a medical condition, such that the medical condition prevents the Federal employee from performing one or more of the essential elements of one’s Federal or Postal job, the very concept of the “bug” applies in so many small and almost insignificant ways, but we just don’t realize it.  Has it “bugged” you that the Federal Agency or Postal facility mistreats you because of your medical condition?  Are you considered now as nothing more than a pesky “bug” that irritates, and does the Agency wish to treat you as nothing more than a “bug” to be squashed if given half the opportunity?

Yet, despite having contributed to the mission of the Agency or the work of the Postal Service for all of these many years, just like the bugs that have made the environment better throughout, the Federal or Postal worker with a medical condition is considered expendable.  It may be time to prepare, formulate and file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Imperceptible light shifts

They are almost imperceptible; in any event, we would not otherwise notice them but for the altered hue in morning’s glory of pink shades and yellow gleams of delight.  From one angle and perspective, one might miss the subtlety of a purple shade not otherwise naturally given to observation; from another, a shift, quite impossible to grasp and declare, but there nevertheless, and that is precisely what occurs with the imperceptible light shifts we miss in the daily lives of busy modernity that destroys and in incremental deterioration withdraws from grace.

But that we had the time, or made the way, for viewing and studying the changes of a world’s color; but we act as though we are colorblind, and rush through each day without noticing the alterations of the sensory universe we occupy.

Nature itself is a deceiver of sorts; from the sun’s rise to its apex of brilliance to the fall into twilight behind the arc of earth’s perimeter, we are unable to view the brightness directly, lest we blind ourselves in such a foolish attempt, or otherwise try and comprehend such source of solar energy in a figurative sense like the Cave Analogy in Plato’s Republic, of that chained soul who lives only within the shadows of appearances not reflective of reality.

No, it is the inability to feel the rotation of the ground beneath us that first welcomes the rising sun, then imperceptibly travels the distance to give us the gift of light, only to incrementally and with deliberative direction progress towards the pathway of twilight’s descent that allows for event a glint of the nether world.

Imperceptible light shifts may be seen in the refractive beauty upon a crystal’s gleam, or upon a clearing in a forest after a burst of rain; but it is in life generally that we must keep an eye out for the beauty of change, in order to be in consonance with a universe that is divorced from our instinctive sensibilities as the animals we once were in roaming the earth like the American Indian who followed the migration of the buffalo herd.

For Federal employees and U.S. Postal workers who are impeded in life by a medical condition, such that the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of the Federal or Postal position occupied, those life-startling but imperceptible light shifts are like the subtle hints of the body’s agony:  They tell us things that we already know, but are too stubborn to see.

Filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is never an easy perspective of a long and arduous road to take; but like those imperceptible light shifts, it is the gleam of a future’s hope that must pave the way in prompting that which is necessary, as opposed to what we merely desire out of life.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Of garbage, debris and leftovers

The first is that which we outright discard for loss of value or unrepentant conclusion of worth; the second, what remains after destruction or usage; the last, what is set aside or left behind for multiple reasons, including everything referred to in the first and second, as well as a sense that a loss of appetite resulted in security of its existence without any judgment upon the core of its essence.  Because of our own linguistic laziness, we tend to just lump them all together; but distinctions in language-games matter, and what we do with each, how we treat them, and when we act upon them, requires more than recognizing the subtlety of differentiation we may overlook.

We associate garbage with the smells of rot and decay, and set aside vast areas for landfills to bury and cover over in the remoteness of society’s outskirts, where in lands of impoverishment and suffering starvation, the outcasts of society gather just to pick at the best of the worst.  Of debris, the wealthier people and nations as a whole simply discard and start over, again.  Those who can ill-afford to simply begin anew, will often try and salvage what debris can be reconstituted, and attempt to rebuild lives destroyed and damaged from hurricanes, wildfires and tornadoes, or other such disasters pummeled by nature’s fury or man’s carelessness.

And for leftovers, it is appropriate that it should be the last in the tripartite of linguistic examinations.  For, it applies to foods, to various aggregations of detritus, and to human beings themselves.  Of entities inorganic or inert, they can represent the extra screw mistakenly inserted with the package received, or the cheap trinket purchased in a foreign land but unable to fit into the bulging suitcase and discarded under the unmade bed in the hotel room left unpaid.  Of foods and other organic matter, it is the lesson taught by an overbearing parent, where loggerheads with stubborn children evoke stories once heard and continue as mythologies which – like unicorns and 3-ring circuses, never quite match the smell-test of reality – propagate like mice in the basement of dank and darkness, where the utterance, “When I was your age, what you leave as leftovers used to be the main course!” was but a boast echoing with hollow discourse upon ears deaf with such trite admonitions.  But the more serious manner of the meaning is reflected by the human cost of how we treat one another.  For, it is the “leftovers” of society which we forget about in the teaching lessons of wealth and abundance.

For Federal employees and U.S. Postal workers who are shunned aside because of 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 conceptual construct of what is a “leftover” is a poignant reminder of what once was, of what can still be, and a hint of hope for a future without the harassment, intimidation and constant barrage of aggressive threats propounded without concern for consequences. For, it is the lesson of the leftover which we should all bear in mind.

As any reference in this day and age of a “Biblical” concept is immediately dismissed and ignored – (remember?  Of how treating the “least” is tantamount to re-crucifying at each turn?) – we must therefore embrace the lessons of our own childhoods.  For, in the end, the Federal employee and U.S. Postal worker must make a decision of self-worth, and decide whether or not it is of any value to be treated as the vegetables untouched or the morsels undisturbed; or, perhaps, to “move on” and file an effective Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, and become again the “main meal” as the lesson taught once recognized, in this universe where garbage, debris and leftovers are treated all in the same manner and upon the same plate of empty promises.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Metaphor as the antidote to paraphrasis and reduction

The concept is intended to enhance; it guards against the tendency of deconstructionism and self-analysis, where the initial stages of civilization’s cradle of creativity progresses along a historical regression of questioning and results in cynicism.  Paraphrasis — that need to restate but in different words and altered forms — is a tendency of inherent need to understand and comprehend at a lesser level; for, the original is almost always the greater one in comparative analysis and methodological foray.

Reduction is a corollary of paraphrasis — of attempting to whittle words down to a common denominator of meaning, much like Orwell’s expungement of words in his brilliant novel, 1984, where the totalitarian state would systematically extricate and erase previously known words and concepts.  Do concepts exist without words?  Once forgotten, can they be reintroduced into a world devoid of such constructs?  Do some societies view the universe in ways quite contrary to our own, where parallelism of thought and content fail to intersect because the alien nature of “their” way of thinking is incommensurate with “our” way of viewing the world?

Metaphors are meant to enrich and enhance; it is a uniquely human way of perspective and angle, and constitutes the antidote to linguistic reductionism.  For Federal employees and U.S. Postal workers who are struggling to prepare an effective “Statement of Disability” on SF 3112A, one is well-warned and instructed that the use of a tool in language must be approached with caution, but with a delight to inform, convey and communicate.

In the end, the vast array of tools and substantive pouches filled with magical dusts and sprinkling residues of creative myths — all must come down to the proper usage and effective application of words, phrases, thoughts and conceptual constructs.

For the Federal employee and U.S. Postal worker who must formulate an effective Federal Disability Retirement application, whether under FERS, CSRS or CSRS Offset, the manner one approaches the Statement of Disability, the methodology of logical argumentation, and the legal references needed to cite in submitting a winning Federal Disability Retirement application to the U.S. Office of Personnel Management, may come down to a mere metaphor as an antidote to paraphrasis and reduction.

Sincerely,

Robert R. McGill, Esquire