Federal Disability Retirement under FERS: Form and matter

Have you ever reflected upon the word, “matter”?  Such an interesting and compelling unit of our language — as in the question asked, “What is the matter?”  By contrast, how about the question, “What matters in this world?” and in a different form, “What matter makes up the universe?”

“Matter” refers to substance, whether used in the manner referring to a circumstance or event, or in inquiring about the foundational essence of that which makes up the “something” in our world.  Form, as Plato tried to explain, is the distinguishing feature that “molds” matter into various distinctions, without which all of the universe would be inseparable into a singular being — and thus the conceptual paradigm of a “oneness” of being originating, as in the first lines of the Old Testament, and out of that the omnipotent Being created the world by “forming” this matter or that matter into individual units of beings.

Matter is thus the “stuff” that things are made from; Form, the appearance that makes X distinguishable from Y; and thus does Being turn into individual beings because of the distinctive forms each take on.  But when we ask those other questions — i.e., “What is the matter?” or “Why does it matter?” — we are asking about relevance, substance, the “stuff” that makes up the event or the circumstances, and not the form or appearance; in other words, we want to get to the meat of an issue.

In that sense, the two meanings of the same word are intended in a similar manner: both for the substantive element that makes up the thing we seek.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal job, filing for Federal Disability Retirement benefits under FERS may become a necessity.

In the process of seeking information about OPM Disability Retirement, both issues will be sought — though you may not realize it in this way — of both “form” and “matter”.  That which distinguishes your case from all others; the “meat” and substance of what must be included in your Federal Disability Retirement application, especially in the medical reports, the Applicant’s Statement of Disability, and the unique features that “make up” your case that have to be “formed” in order to present it to the U.S. Office of Personnel Management.

Form and matter make up everything in the universe, and it matters how you formulate a Federal Disability Retirement application because matter unformed is merely a lump of nothingness that will result in nothing further unless you form it properly.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation for OPM Disability Claims: Trials of error

Normally, of course, the common usage of the terms involve the combination with a conjunctive — of trial and error, implicating a process whereby the latter term triggers the former (i.e., the “error” forces us to engage another round of trials, which then may lead to further errors resulting in further trials, etc.) into a potentially lengthy repetition of attempts, each with the advancement through possession of greater knowledge gained from the errors identified and witnessed.

The concept as it stands, however, implies something further:  of the experience of each error and the process within such error and what the error may implicate.

Human beings have an expansive capacity to “move on” quickly beyond errors made, and perhaps that ability of adaptability is an evolutionary advantage for a species that makes a fair number of errors that, in other contexts and within other species, would spell the extinction of the species itself.

Errors compounded go beyond the experience of the trial itself; sometimes, errors lead to other errors, and thus the “trials and errors” in their aggregate allow for greater knowledge and adaptability depending upon the nature of each error and of many trials.  But it is the trial of the error that often needs to be paused, and allowed to ponder upon, before going on to the next trial, lest the lesson from any one error has not been sufficiently learned before a further trial is engaged.

Sometimes, of course, the trial of an error, if not sufficiently comprehended and reflected upon, is the very reason why further errors of judgment follow, precisely because not enough time has been spent upon the nature of the error 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 one’s Federal or Postal job, it is important to recognize the trial of an error — for, with a Federal Agency or the Postal Service, one is encountering a behemoth of intransigence when attempting to garner any sympathy or loyalty.

Medical conditions themselves are “trials” enough, and when a Federal Agency or the Postal Service begins the process of punishing the Federal or Postal employee for taking too much SL or LWOP, or even invoking FMLA rights, the “error” is not so much the trial of patience, but rather, in thinking that the Federal Agency or the Postal Service was ever on your side to begin with.

While a Federal Disability Retirement application may not be a strictly “adversarial” process, one must always consider whose “interests” are being looked after in each trial encountered:  the interests of the Federal Agency or the Postal Service, or of one’s own?

The trial of error often begins with a mistaken identification of a more fundamental error on the part of the Federal employee or U.S. Postal worker, and for the Federal or Postal worker contemplating filing for Federal Disability Retirement benefits, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, the first step in preventing the greater trials of multiple errors is to consult with an experienced attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation for OPM Disability Claims: ‘It could be worse…’

Do other species utilize comparative analysis as a tool for deciding the next course of action to take?  Or, does the existential, “here-and-now” appetitive nature of non-human beings rule, such that the conclusion reached — “It could be worse” — never plays a role in the decision-making process?

For, that is the basis of the conclusion reached, is it not?  Of remaining static, refusing to change, in deciding to not make alterations to present circumstances no matter the cost or the pain — that by coming up with imaginative, hypothetical models of circumstances real and fantasized, encapsulating descriptive conditions far worse than the one being endured by you, we can therefore justify continuation of maintaining the status quo?

How much worse must it get before one discards the idea that it could be worse?  Or, are the boundaries of human imagination so limitless that the enduring of present circumstances is always preferable to modification and change; or, perhaps that change itself is so naturally resisted, because the comfort of monotony and repetition provides the sequence of security that favors the stability of an unchanging universe?

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 job, the preservation of the status quo is often preferable to the trauma of needed change.

One can justify for quite a long time the grasping on to that which one has, and to not change; and the justification can be maintained for quite some time in the very statement, “It could be worse…”.  That is the safe path, the road of least resistance; but the question unasked is the one unanswered and therefore untold as to the progressive deterioration of one’s health; Of: “Could it be better?”

That question can only be answered in conjunction with the realization that one’s health is never something that should be sacrificed on the altar of one’s career or work, and preparing, formulating and filing an effective Federal Disability Retirement application, filed with the U.S. Office of Personnel Management, is the first step in recognizing that, Yes, while it could be worse, it could also be better.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Trading places

Long before the 2008 debacle of economic turmoil; preceding epic movies following, of the lavish ineptitude of miscreants awash in money’s sale of souls in exchange for the temporal pleasures of limitless fantasies; when laughter could be heard yet, because the future still held some hope, there was a movie by the same title.  It was a comedy of innocence – although, the language used may still blush for some, it reveals a period long gone and no longer found in today’s society where revealing all, telling everyone and showing unabashedly have become the normative course of behavior.

Unlike the reality of Wall Street’s mechanism of manipulation, the storyline follows a fairly conventional discourse of moral constancy – of identifiable evil; revenge and retribution for wrongs committed; redemption for those whose failings resulted from unseemly characters.  Contrast that with the fictional depictions of today, some mere several decades hence:  the unjust are left unpunished, or barely so; the miscreants are bailed out from their own folly and greed; and the Mom & Pop store just around the corner is still left wondering why they were never rescued from bankruptcy, when the very ones who created the economic crisis are back at it, again.

The problem with discussing such issues on a macro-scale, of course, is that generalities invite sweeping statements of inane and excusable tendencies, whereas kitchen-table, microcosmic tales of individual narratives leave no room for such averted cover of hidden devices, where rats and other scoundrels may scurry to find convenient places to conceal their shameful misdeeds.

We often wish that we, too, could “trade places”, but only because we fail to listen to the details of troubles faded on lawns across the street where the grass appears greener, but where the internal turmoil of ghosts hidden remain veiled.

Medical conditions have a way of bringing us all back to the basics of living.  For, when one is healthy, all sorts and manner of wishing for fortunes and superficiality of life’s extras are engaged; but when a medical condition hits, all that we desire is for the boredom of good health.  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 the Federal or Postal employee’s position of formal occupation (as reflected on an SF 50 or PS Form 52), understand this concept all too well.

Trading places is all relative, especially when it comes to the basics of human happiness.  For Louis Winthorpe III and Billy Ray Valentine, it happened that fate brought two unlikely characters together to right the wrongs of a macroeconomic system left to manipulative devices on the commodities trading floor; for the Federal and Postal employee who suffers 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 positional duties, the desire to “trade places” is somewhat more basic – of mere good health in order to maintain a constancy of life’s pleasures taken for granted by others.

But, instead, often the best option for trading places is to prepare, formulate and file an effective Federal Disability Retirement application, submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  Sometimes, the trade itself is a compromise on a micro-scale of lesser proportions, and not within the complex world of high finance and commodities exchanges.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: What we believe

Belief is a funny animal.  So long as what one believes is never uttered, one can change them from day to day, or even from one hour to the next, without consequences attached.  Of course, you can do that, anyway, and many do in this day and age.  Once spoken, however, a belief takes on the figurine of a furnace-fired ceramic piece; to change is safe only in engaging the linguistic language-game with those who never heard of the belief, but there is a danger that such third parties could report back to the first party to whom the belief was conveyed.  Then, of course, there is the potential charge of hypocrisy.

On the other hand, there is always the disarming disavowal that it was all merely a “misunderstanding”, or perhaps that the other person didn’t get the “nuance” of the utterance; or the catch-all detachment:  “I was joking”.  Facts, of course, can alter beliefs, and that is supposedly acceptable because one has evolved through maturation of knowledge (unless, of course, you are running for political office, in which case you are reserved the allowable space to maintain the cognitive bifurcation like a schizophrenic, concurrently holding a “private belief” while concomitantly stating a “public stance” on certain sensitive issues).

Further, beliefs can become transformed via genetic, life-stage or “aha”-moments; the first because of some recognition that the wired-DNA that constitutes the “real” self has finally been revealed; the second, because there are recognized stages of living – of those prepubescent years, of middle-aged crisis and menopausal breakdowns, or in the end, just because a spouse and his or her lifetime commitment “grew apart”; and the third, by religious conversion and the “road to Damascus” experiences which allegedly justify a transcendent transformation.

In many ways, they are like opinions, though purportedly of a higher order.  Of opinions, it is often said that we all have them – of no greater consequence than the urgency to utilize the bathroom, with the latter having greater significance than the former; but of beliefs, they were once contingent upon study, reflection, coherence and rational methodology.  Somehow, in the linear progression of Darwinian evolution, the higher order of thought processes lost its way, and the meandering of human folly became the prominence of epic conundrums.

We have come to a point in human history where, what we believe is of an irrelevancy based upon our lost hope in discarding reverence.  For, the “what” must have a prefatory methodology, and that foundation was the reverence for creation.  We no longer believe “in” anything, because we no longer have any faith in anything of consequence.  Without awe, the human factor of hope, and therefore of belief, becomes a vacuity of thoughtlessness.  As all of creation is constituted by material equivalence, so our beliefs are of no greater worth than the gaseous ethereality emitted from the guy sitting on the next stool.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition may necessitate filing an effective Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the loss of belief is an important factor to recognize – for, the one saving constancy throughout is that there still remain “laws” which people, agencies and even the U.S. Postal Service must abide by.

Adherence to the law is often the only saving grace in the craziness of this world, and knowing it, applying it and arguing it in meeting the preponderance of the evidence test, is the best way to avoid that catch-all dismissive, that it is all merely “your opinion” as opposed to “my belief”, when in fact pointing out the precedential case-law and arguing the statutory basis is precisely what is needed to get beyond the irreverent assertion of that which we believe.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Medical Retirement: Avoiding the anarchy of thoughtless acts

Life requires acting; successful living demands thoughtful acts.  Every good stage manager recognizes the signs; there are those who float through the script, with nary a cognitive engagement; others who involve themselves with an exhaustive turmoil of stipends unpaid; and still, those who think that talent alone will carry one through, despite the mediocrity which has surfaced unabashed, and where fingerprints left behind of tattered devastation betraying the lack of success.

Do we ever really “get over” our own ignorance or arrogance?  It is said that the two go hand-in-hand, like cousins who dress identically, or twins who hide their natural jealousies by inventing figments of unborn siblings.  It is because we need to compensate for our ignorance that our arrogant character traits surface; and by our arrogant personalities, we reveal the depths of our vacuity.

In history, there never has been a successful civilization based upon anarchical designs; despots and totalitarian conduits aside, such an institutionalization of disarray would never work.  We already have that in supposedly “organized” governments: bureaucracies of mammoth proportions that continue to thrive on indolence and disrepair.

In a state of anarchy, there isn’t even the semblance of competence; as everything is allowed to work without rules, principles or vicarious rationalizations for perpetual existence, so the inherent despair of personal destruction would prevail over any healthy ego or psyche which attempted to reassemble and reorganize.

But what of individual acts?  Does cruelty originate from an anarchy of thoughtless acts, or do they appear from a deliberative consciousness of knowing resolve?  Must institutions reflect the disarray of individual minds, or does a collective anarchy somehow transcend the singularity of thoughtful vacuity, and translate by pure osmosis a secularization of bifurcated consciousness?  Since when was cruelty excused because of lack of thought, when all throughout history it was precisely that principled requirement which mandated good manners and decorum of proper living?

We have come to a point in history where we have accepted a degraded standard, an institutionalization of mediocrity, and thus the faceless shame of inhumanity.  In the end, we will pay a price for such a state of concession, with a thousand cuts inflicted daily.

For the Federal and Postal employee who suffers from a medical condition, such that the medical condition prevents the Federal and Postal employee from performing one or more of the essential elements of his or her positional duties, the daily harassment, hostile environment and constant bludgeoning of the fatigued workforce is but a microcosmic reflection of the greater macro-indicia of a world gone mad. One may take some consolation in the dismissive aside that, “It is nothing personal” – but that is indeed some minor conciliatory excuse.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management may not be the best option available, but it is that which attempts to preserve a scintilla of dignity, as a safeguard away from the daily imputation of cruelty designed, and a means to avoid the anarchy of thoughtless acts.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: Of August Reminders

As an adjective, the accent is placed upon the second syllable, and recalls of supreme dignity and grandeur, with images of a Roman Centurion with his breastplate shining in the full sun of power and prestige.  As a noun, it is the doldrums of the eighth month, but where a breath of coolness always invades and reminds us of the possibilities, and of the coming winter still to arrive.

The inflection upon the first syllable makes all the difference; yet, the word remains the same, and only the harkening echo of a meaning concealed by mere intonation of voice.  What reminds of possibilities yet to be revealed?  Do smells, sounds and memories of potentialities unseen but foretold by parents, uncles and relatives, of the limitless anticipation of a world still before us?  Or of that cool respite, when the heat of summer turns suddenly a winter’s reminder, and allows us to bask in the sweat of our own memories, when toil was but a lazy dream in the midst of shadows by the stream’s edge?

There are times in life when possibilities seem endless, and the potentiality for happiness, joy, and sheer pleasure are limitless but for the darkness of our inner essences; when childhood memories once granted the wishes of a butterfly’s dream, and love was still the scent of flowers yet blooming in the valley below. But life tends to intrude and intercede; interruptions of august dreams in the doldrums of August nights; but for us, dreams are the escape from the reality of today, where tomorrow only brings sorrows but for lonely nights where the unity of solitude interrupts the daily grind of reality.

We never could precisely pinpoint when childhood ended; only, that adulthood “is”, and forever was.  Those summer dreams when the first kiss awoke our inner stirrings; when innocence was lost forever; and, somehow, we grew up with august reminders in those lazy August days when the fireflies died, and darkness enveloped the universe of possibilities.  There will still be days when we believe in ourselves; but as lives pass by, we watch and listen, and rarely see.

For Federal employees and U.S. Postal workers who feel the heat of summer’s suffocating dawns, those few days when the blast of reminders come our way, we relish and believe that the August doldrums are now behind us, only to realized that the days ahead will still embrace the sweat and toil of endless streams of treadmill repetitions.

When a medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of the Federal or Postal worker’s positional duties, it is time to harken back to the days when august thoughts pervaded, and leave behind the August doldrums of sweat-filled concerns.  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, is often the best option left as a reminder that August is the month of possibilities yet unfulfilled, and where august thoughts must emphasize the syllable following the doldrums of past reflections.

Sincerely,

Robert R. McGill, Esquire