OPM Medical Retirement Benefits: The full emptiness

Beyond the definite article, the two adjectives would remain self-contradictory if the meaning attempting to be projected were either both (A) in the physical sense or (B) in the spatial, cognitive sense.

A further explanation may be in order, here.  Contradictions often occur when words are mistaken to be conveyed in a single dimension, but can be modified if explained that they represent different conditions, occupying a sense of distinction that can be differentiated because of the slight alteration of contextual bifurcation.

Certainly, the terms “full” and “empty” become self-contradictory when applied in a physical sense for both terms; but if either of the terms are meant to represent different dimensions — i.e., “full” in the physical sense and “emptiness” as an emotion or feeling, or vice versa (“full” in an appetitive meaning and “empty” as a physical fact), then the contextual distinction takes on a differentiated meaning.

One often says that such phrases containing self-contradictory terms are merely a “play on words”, and indeed, it is normally intended to convey a thought-provoking compound of a conceptual construct.  The “full emptiness” is an idea that can denote many meanings; perhaps of a life filled with activities, but somehow lacking in meaningfulness; or, of an individual whose outward appearance is one of fulfillment and contentment, but whose soul is wanting because of a tragedy in his or her past.

That has always been the essence of a life worthy of condemnation, has it not?  Of a friction that continues to rub against each other — of appearance versus reality, of internal versus external; the contrast between the inner sanctum of thoughts and the outer reality of what is expressed.  For, of what worth is a life if it cannot be condemned?

The full emptiness is what most of us project to others, and how others behave towards us; that is the unfortunate aspect of living among and amidst each other.

For the Federal employee and U.S. Postal worker who suffers from a medical condition, such that the medical condition begins to impact the ability and capacity to perform all of the essential elements of one’s Federal or Postal job, the self-contradictory concept of a “full emptiness” is a familiar theme.

The outward appearance must continue to be maintained — of competence, ability to multi-task, and capacity to take it all in; all of this, despite the ongoing medical conditions that debilitate and progressively deteriorate.  The inner reality often tells of a different story: of pain; non-restorative sleep; profound fatigue; physical and mental dysfunctions that are hidden and concealed.

Preparing, formulating and filing an effective Federal Disability Retirement application is a step towards vanquishing the contradiction of a life of full emptiness; it is to recognize that the negative circumstances of the medical condition need not dominate the positive hope that is still held that a career once deemed promising can yet open up into a future undaunted by the medical conditions themselves, by securing a Federal Disability Retirement and focussing upon getting one’s health back into balance so that the conundrum of a full emptiness can become a thing of the past.

Sincerely,

Robert R.McGill, Esquire

 

Federal Disability Retirement: Keeping it together

Living in modernity is a complex juggling act that never ends.  Simplicity recollected in former times often harken towards an idealization that perhaps never existed, where toil, labor and survival were a coalescence of a person’s life, and meaning was never divorced from what one was engaged in, the acts of striving, the struggle to earn a living.

Modernity magnifies Marx’s observation that human discontent is a result of separating man’s labor from the self-esteem of accomplishment, where the factory worker sees merely a microcosm of monotony but never possesses the self-satisfaction of any meaningful end to the assembly-line of life.

Instead, today we are a fractured sort, running like the proverbial chicken with its head cut off (and we don’t even quite understand what that means, anymore, as no one lives on a farm to understand that when a predatory owl comes swooshing down and severs the upper portion of a cock-a-doodling bird, the feet continue to pedal forward even after the headless horseman is taken away), awakening, rushing, being dazed and in a trance to view the multiple screens of a Smartphone, the laptop, the desktop and being directed by electronic voices of commandeering vehicles, parking barometers and driverless vehicles to merely observe as bystanders in a world gone mad.

Credit crunch, debt overload, children brought into the world without direction or means, and droughts, famine and wars and rumors of wars beyond; it is a burden just to try keeping it together, these days.

Promises have been made for decades plus of technology granting a reprieve both in time, effort and human toil, and the time for leisure which the totalitarianism of oppressive modernization has detailed has somehow never come to fruition.  Work, and more work; overtime; the juggling of family time, work, filial commitments and more work; and we can “have it all”, or so they keep telling us.

Email was supposed to undercut the need for the snail’s pace of the Postal Service, but now we are bombarded with an exponential quantification of that which we used to open with a mail opener, inserting carefully into the edge of the fold and slicing gently so as not to spoil the contents within; and somehow that very act of ancient and tactile connection between the eye, the hands, the metal implement and the organic material of an unopened letter gave it a personal bond of sorts, even in a mechanized office setting.  Today, it is merely one more click of a computer button to open up the electronic mail.

“Keeping it all together” – is it possible, anymore?

Then, when you consider an unwanted intruder – a medical condition both unexpected and unforeseen – is it any wonder that things quickly fall apart.  For Federal employees and U.S. Postal workers who find it difficult to continue in one’s chosen Federal or Postal career, when the medical condition no longer allows the Federal or Postal employee to perform all of the essential elements of one’s Federal or Postal position, it may well be time to recognize that the fundamental basis of keeping it all together rests upon the ability to prepare, formulate and file 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.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Benefits: Messy lives

In those Eisenhower years with residual trails into the following decade, we had those perfect television paradigms – of “Leave it to Beaver”, “Father knows best” and “My Three Sons”, while the world around began its transformational process.

Hollywood decided much later that they needed to be at the forefront, leading social change and forcing cultural avant-garde transitions even if merely experimental and questionable for any positive good.  That decision is in stark contrast to the turmoil of the 1960s and 70s, where the staid and stodgy traditionalism of television series barely reflected the reality of the deconstructionism occurring in real time.

Somehow, those old sitcoms provided a paradigm of perfect lives and traditionalism that secured hope for the rest of us; for, the reality is that, like Dutch’s childhood and the rest of us, we grew up with messy lives, and paid the price for the rest of time to try and correct it and match it as against the paradigms of a reality that never was.

Medieval theological arguments always include the notion that, we would never have an idea of perfection unless there was some entity in the objective world that matched such a concept.  It is merely an extension of Plato’s argument for Forms, where the particulars in the physical world are mere imperfections striving to compare to the ultimate conceptual constructs of inviolable Forms.

That is often the problem with comparisons and arguments by extension; they make of our lives unsatisfying, precisely because we can never meet the expectations of others, let alone those we construct in our own minds.  That is why medical conditions can be so insidious; we possess and carry around with us those Platonic Forms of perfection, and when the reality of a medical condition prevents us from completing the career, the project, the lives we believe we were meant to live, the dispossessing trauma of realizing that we fell short results in a despondency because we set up paradigms of expectations that never were.

The question often left unanswered is:  What are the values involved?  What do we believe in?  What constitutes reality, as opposed to a fantasy based upon unrealistic expectations?  Isn’t “health” the priority of life?

If so, preparing an effective Federal Disability Retirement application by Federal employees and U.S. Postal workers when a medical condition begins to prevent the Federal or Postal worker from performing the essential elements of one’s position, is the next logical step based in a reality-basis of an imperfect life.

Whether under FERS, CSRS or CSRS Offset, the fact that medical conditions further add to messy lives is no matter; we all have messy lives, and whatever fantasies we held on to when we enjoyed those old favorites, ignoring the problem never solved anything, and perfection should always be left to Platonic Forms in the dialogues of angels whispering among the heavenly orbs that remain hidden in the esoteric pages of those theological arguments long shelved in the monasteries of libraries long forgotten in the dusty bins of rotting books.

Sincerely,

Robert R. McGill, Esquire

 

Civil Service Disability Retirement Benefits: Human activity

The dizzying pace of it all defies comprehension.  We are, indeed, busy-bees, always engaged in this project, that protest, intervening in the affairs of others when our own are in such a state of disarray; up at it early in the morning and continuing until exhaustion sets in or wayward dementia in old age where even nursing homes impose human activity every night – bingo, dance, meditation, Tai Chi, family visitation day; not even a break for the aged.

Then, when we see those documentary films in foreign lands, of men taking hours to untangle the fishing net in preparation for the next day’s work; of sitting with family members in gathering for a meal; and of mountainous monasteries where gardening for supplemental food sources is an act of reflective repose, we wonder if the lives we live – so full of human activity supposedly for a purposeful end – is the only, the best, or the pinnacle of options left for us?

Did we ever choose the quantification of human activity we engage in?  Did we, at some point in our lives, sit down and say, Yes, I will accept to do that, agree to embrace this, and refuse all others?  Or, did the incremental, subtle and always insidious wave of requests, obligations and pressure to perform just overtake us, until one day we wake up in the middle of the night and recognize that our time is not our own, the human activity is without purpose or conscious constructiveness, and the projects we think are so dear to us, merely destroy and debilitate the human spirit?  That is the alienation talked about by Camus and the French Existentialists, is it not?

Human activity cannot be so senseless or purposeless; it must be to build, to advance, to secure for the future; and yet, as we lay in the quietude of nightly sweats, it becomes evident that we perform it for means otherwise intended.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to alienate one’s sense of mission and purpose from that of the priority that should be recognized – one’s health and the ability to have joy in life – the contradiction and conundrum is in “letting go” of that which has been a part of our lives for so long:  The job, the career path, the sense of “belonging” to a community of people who believe in the mission of the agency or the U.S. Postal Service.

Like barnacles clinging to the underside of a ship’s belly, we grapple and travel through life without quite knowing why, where we are going, or for what purpose we originally attached ourselves.

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 of CSRS Offset, is a way of:  A.  Recognizing the priority of health, B. Beginning the process of detaching ourselves as mere barnacles upon a ship’s underbelly, and C. Reflecting upon the course of one’s future.  Human activity is great and all – but it is the things we choose not to do that often define who we are in the hubbub of this mindless frenzy.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Civil Service: Preparing properly for each stage

We often hear (and perhaps secretly scoff at?) the modern verbiage of a “Holistic” approach, where the missing consonant makes all the difference – as in the non-word, “Whole-istic”.  It is the approach often ignored and replaced by its cousin – of looking at each stage of every unit in and of itself without taking into account the entirety of the process of an administrative procedure.

For Federal Disability Retirement purposes, that is entirely and wholly a wrong approach.  No unit or stage is an island, entire of itself; every stage of the process is a piece of the whole, and we should never doubt for whom the bells of legal limitations toll; it tolls loudly for the Federal Disability Retirement applicant – to misquote and paraphrase John Donne.  For the Federal employee or U.S. Postal worker who is considering preparing a Federal Disability Retirement application, the thought of having it denied at the Initial Stage of the process rarely – if ever – enters one’s mind.

Why?  A tentative answer must always include the following: A person who suffers from a medical condition, and feels the chronic, intractable pain, or the turmoil of psychiatric trauma with loss of mental acuity and cognitive dysfunctions, cannot fathom a bureaucracy denying that which would seem self-evident to the preparer of the Federal Disability Retirement application.

There would be, of course, other explanations just as viable and valid, and dependent upon each person’s individual circumstances.

A simpler explanation can also be posited, which would more closely follow the rule of Ockham’s Razor —  that in the rush to put together a Federal Disability Retirement application, anything but a focus upon the “First Stage” of the process is simply too complicated, and cannot be envisioned by an applicant who is mired in the complexities of just “living” – of trying to still work; of dealing with the medical conditions; of trying to gather all of the medical and other evidence required in putting forth an effective Federal Disability Retirement application.

Is this short-sighted?  Perhaps – but it is what is called “reality”.

It is only the Federal Disability Retirement lawyer – one who has “dealt” with hundreds, if not thousands, of cases of Federal Disability Retirement, who can preemptively prepare for stages beyond the Initial Stage of the Federal Disability Retirement process.

In the end, preparing properly for each stage of the Federal Disability Retirement process means that you should lay the groundwork for the possibility of beyond – not much different than planning for tomorrow, for a year from now, or of taking into account the possibility that the entirety of the process includes multiple stages, and that is precisely the point:  Federal Disability Retirement is made up of multiple potential stages, and the proper preparation of each should always include a view which encompasses the next, and the one after that, and even perhaps the last of the multiple stages.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement Application: The tools we have for use

The foundation is always “all-important”; but there are other tools at one’s disposal, and the question is:  Do we know and recognize what those tools are, and if not, how can we use them out of ignorance?

How does SSDI intersect with FERS Disability retirement – not the issue of offsetting the concurrent payments after approval of each (that is merely a monetary calculation that has nothing to do with getting a FERS Disability Retirement application approved); rather, should an approval of an SSDI application have a legal impact upon a FERS Disability Retirement?  How about a denial – but one with a statement in the SSDI denial letter acknowledging that the FERS Disability Retirement applicant is unable to perform the duties of his current/former employment, but may be able to do “other employment”?

How should a mixed removal be utilized to its most effective manner?  If a person is removed partly for his or her medical inability to perform the essential functions of the job, but also because of AWOL issues or excessive LWOP usage, does it undermine the application and efficacy of a Bruner Presumption argument?

What should be done with a Department of Veterans Affairs rating?  Is it always persuasive, never determinative?  Even if persuasive, should it always be introduced, or is discretion the better part of valor – or, in the case of a FERS Disability Retirement application, the better part of value in using it as “proof” for a Federal Disability Retirement application?  Should medical documentation be indiscriminately submitted?

In other words, in a FERS Disability Retirement application, does the FERS Disability applicant have any rights as to dissemination of medical documentation, especially those portions which do not go to the substantive centrality of one’s claim in requesting a Federal Disability Retirement approval?  To what extent can the FERS Disability Retirement applicant and his/her attorney have the right to act as the “gatekeeper” in providing sensitive medical documentation to the U.S. Office of Personnel Management?

Tools – we have them; but of what use, efficacy or relevance are they, if they are left in reserve without pragmatic utilization?  And, as to the “reserve” – should the FERS Disability Retirement applicant keep in tow any of the tools, or should they all be used in an aggregate, cumulative powerhouse of aggressive and forceful argumentation?

Tools – to have them is one thing; to use, another; but more than that, to know what to use, when, how, and to what applicable relevance; that is the power behind the inertness of that which can be enlivened by knowledge, information and discretionary utilization.

Sincerely,

Robert R. McGill, Esquire