Medical Retirement from Federal Employment: Contested lives

We hear of such terms in specific linguistic contexts; of a “contested” divorce, or that a variable version of a testimony or evidence has been “contested”; or that the results of a certain race or game has been contested.  If you drop the affix placed after the stem of the word (i.e., the suffix or the “ed”), and emphasize the first syllable, it becomes a noun; whereas, if you engage in the identical mental exercise but intone upon the second syllable, it becomes a verb.

As a noun, it is normally relegated to a challenging game, a sport or perhaps some duel; when applied with the second word in the title above, it takes on a wider meaning that encompasses an endless spectrum and, unless further delineated, undefined in a disturbing way.  If denoted in a general sense, as in the statement, “All lives are contested,” the generic meaning loses its force; for, it is a truism which is rather inane in that, yes, all lives have facets of contested issues, and in that sense, it becomes a “meaningless” statement of trope and triviality.

Yet, that truism is something which we all experience.  When one hears the complaint, “Life is a series of conflicts and is a contest of endurance,” we nod our heads and know exactly what that means.  We all recognize that our lives encompass a consistent effort to contest (emphasis on second syllable), and that the contest of life is to endure (emphasis on the first syllable); and we must persevere to contest it (again, emphasis on the second syllable).

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 truism that there are contested lives is a simple fact.  It is not just a matter of going to work – rather, it is going to work with a medical condition.  It is not just going to work and doing one’s job – it is, moreover, doing that and contending with a medical condition, as well as the growing harassment from coworkers, supervisors, and the Agency and Postal Service as a whole.

Preparing an effective Federal Disability Retirement application, to be ultimately submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is also a matter of a contested life – for the bureaucratic process with OPM is an embattlement of sorts, and it only reinforces that inane, trite and trivial aspect of the statement, “We all live contested lives.”

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Law: The unsolvable dilemma

Most of us live linear lives.  It is a characteristic of Western Civilization that the thought-processes involve a sequential, step-by-step, logical extension and advancement.

Much has been said about this approach, in contrast to an “Eastern” philosophical methodology, where there is a “circular” mind-set that often involves the complexities of reincarnation, capacity to assimilate inconsistent, incommensurate and seemingly incompatible belief-systems – and, indeed, to even describe the “other” as a “methodology” is an oxymoron of unfair proportions, for it is more of an amalgamation of acceptance without hesitation – like the symbiosis of Shinto and Zen Buddhism in Japanese culture.

Such an approach – of a straight line from Point A to Destination X – that reflects the essence of the Western culture, including Continental Europe, the British linguistic solutions and the U.S. pragmatism that dominates, leaves us with an emptiness when we encounter and engage the unsolvable dilemma.  Perhaps that is the primary deficit in “our” approach, as opposed to the “other” one.  For, in attempting to think always in a linear fashion, we become frustrated when the solution cannot be figured out or otherwise consummated.

A problem left unsolved is one that we consider to be a failure of sorts, because the pragmatism of Western thought requires that all problems have solutions; it is a paradigm that has been ingrained in the DNA of our very being and essence.  But life doesn’t quite work in that way, does it?  There are unsolvable problems – where we just have to accept what “is” and move on with the deficit of a solution.

Medical conditions comprise one such class of such unsolvable issues.  We like to think that the “science” of medicine provides for a cure through complex and technologically modern treatment modalities for every identification of diagnosed maladies; but it quickly becomes obvious that many medical conditions simply do not have a linear resolution.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal employee or U.S. Postal worker from performing all of the essential elements of the Federal or Postal job, the linear approach of Western Civilization often will not work.  There is an incompatible friction that quickly arises between the Federal agency and the Postal facility, and the Federal employee and Postal worker.

Often, the only “solution” is an exit via filing an effective Federal Disability Retirement application, submitted for consideration ultimately to the U.S. Office of Personnel Management.  Does it “solve” the problem?  Not really.  For the Federal or Postal employee, the medical condition continues with him or her after separation from the Federal workforce; and for the agency or the Postal facility, the loss of a formerly valuable and productive employee invested in for those many years, cannot easily be replaced.

But getting a Federal Disability Retirement annuity is a compromise of sorts; it allows for the Federal or Postal employee to seek other opportunities in the private sector, and to attend to the medical conditions with greater focus; and for the Federal agency and Postal facility, it allows for employment of another, more healthier worker who can fulfill all of the essential elements of the job.  Nevertheless, it remains an “unsolvable dilemma”, to be relegated to the “Eastern” approach, and leaving a void to the “Western” perspective.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The mistakes we make

There are those who make it their life’s goal not to have remorse for decisions made; but is that truly a worthwhile achievement?  At the end of it all, is there a special space on the unwritten tombstone that lists the mistakes avoided, the embarrassments averted, and the admissions of deficiencies concealed?  Is that not where much of Shakespearean web of deceits are constructed from – of attempting to cover up the insufficiencies otherwise already apparent in the foreboding appearances we attempt to portray?

Tenuously though we approach the daily chasms of darkened pitfalls menacingly threatening each day of our daily lives, we refuse to admit, fail to recognize or are too weak in the egocentric falsities of fragile souls to merely utter the simple words that allow for expiation of our weaknesses and quickly move on:  “Sorry, I made a mistake”.

No, instead, the complex rationale, the justifications of convoluted sequences of condition precedents that fall upon the next as dominoes of perfectly aligned decoys; and the blame then shifts upon an eternal direction of fingers pointing one to the next, until there is no one left except for that proverbial last figure on the totem pole, who cares not because he or she is the runt forgotten or the brunt of everyone’s joke and display of pure human meanness.

But at what cost do we avoid admitting the mistakes we make?  Of what layers of calluses formed, souls injured and responsibility averted, until the unquantifiable element becomes so saddled with a guilty conscience no longer able to feel, to be human, to rise above the bestiality of man’s base instincts?

The mistakes we make often harm another, but those we do not admit to, diminish the essence of who we are, what we are capable of, and always forestalls the capacity to grow.

As in any process that is complex, preparing 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, can have a pathway full of difficult decisions and a complicated morass of complex legal precedents, statutory obstacles and sheer obstructions of meandering deliberations.

The mistakes we make can haunt us with consequences difficult to reverse, and in preparing, formulating and filing a Federal Disability Retirement application, it is one of the rare instances in which he who makes the fewest errors, likely will win.  Mistakes in this area of law can range from the innocent and inadvertent, to the meandering blunders that lead to a denial from OPM.  It is often not enough to avoid a mistake in preparing an effective Federal Disability Retirement application; indeed, it is the blatant mistakes we make without the guidance of wisdom and experience that determines the future course of events, as in life in general.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The persistent tinnitus of life

The root word that contains a valid diagnosis of a medical condition, sometimes comes about gradually, others at a persistent rate of uncommon urgency; and whether by emanation of a serious, primary condition such as Meniere’s Disease, a brain tumor or cardiac elements impacting upon the heart or blood vessels, or mere residuals from a short-lived ear infection, the low, persistent ringing can interrupt and disrupt focus, concentration, attention to detail, and lead to depression, anxiety and panic that the idea of sounds being heard without the objective world recognizing or acknowledging them, can indeed be disturbing.

Tinnitus is a serious medical condition; yet, while we seek treatment for such a state of health deviancy, we allow the persistent tinnitus of life to surround, abound and confound us throughout.  The persistent tinnitus of life is almost an unavoidable juggernaut in modernity.   Yes, we can make the inane argument that, as we are the gatekeepers that can allow, deny or limit the access granted on any given day, who can withstand the active and passive onslaught of daily and onerous, oppressive bombardment of the multitudinous spires of high-speed jettisoning of such information overload on a daily, consistent basis?

From blaring headlines screaming while standing passively in a grocery store, to gas pumps that speak back to you with the selective entertainment headlines of the day; from unsolicited advertisements personalized to one’s computer based upon information provided and shared despite every precautionary steps taken, to mediums of electronic communication that are depended upon and mandated in this day and age just to remain employed; we cannot put a wall between the need for a soul’s quietude and the persistent tinnitus of life.  If not completely, then how about in some limited form?

The trick, then, is not to succumb completely, nor attempt to sequester one’s self in a hermitage of complete abandonment; rather, to selectively distinguish between information of useless human detritus from that of relevance and significance; in short, between Orwellian linguistic garbage and that which constitutes “wisdom”.

For Federal employees and U.S. Postal workers who are contemplating 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, the importance of limiting the persistent tinnitus of life applies to the process of preparing, formulating and filing an effective Federal Disability Retirement application, especially by recognizing the distinction between truth and falsity, between objective facts and inaccurate innuendoes; for, in the end, the medical disability retirement application must contain the facts to persuade, the evidence to establish, and the legal arguments to consider, and in order to do that, one must resist the persistent tinnitus of life.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: Scoffing paradigms

Of course, such a title can have a double entendre or duality of meanings – that, in the first instance, the accent is upon the word “scoffing” with a lowering of one’s voice upon “paradigms”, and that would mean: One turns up one’s nose at the very idea of paradigms. Or, alternatively, if both words are of equally monotonous tonal undulations, then it could mean that the paradigm itself is one which scoffs at other paradigms, differing principles or contrary perspectives.

As to the first: There are those in life who declare that paradigms are unnecessary, and one needs to simply live life, take things as they come and forget about being able to comprehend “first principles” or other such nonsense. Indeed, that is the bestial side of humanity; animals and all other species live like that, and as the evolutionary perspective has won out and we are left with nothing but the biological counterview of life, so why not us as well in consonance with the rest of the universe?

The second meaning would presume the opposite: for, in order for a superiority of belief-systems beyond modernity’s feeble attempt at generalized equivalence of all such systems, there needs be certain paradigms that are objectively prioritized in significance, importance and relevance of application. In either meanings, while the emphasis upon the direction of the scoffer may differ, the central concept of “paradigms” remains throughout and consistently becomes elevated and magnified as the primary root cause.

Modernity has a dual problem (and many more, besides): On the one hand, nobody any longer believes in grand systems of philosophical import; thus, the Hegels, Kants and Heideggers of yesteryear will not become reincarnated in current or future times, unless there is a wholesale exchange of mindsets. On the other hand, we still cling to a tribal mentality – of wanting and needing to belong to a group that espouses illogical biases and discriminatory tendencies, if only to have some semblance of an identity unique from others; and so we embrace, by unconscious fiat or otherwise estranged ignorance, paradigms that we neither understand nor take the time to comprehend, but instead join in and defend by means of keeping company with other such ignoramuses.

For Federal employees and U.S. Postal workers who begin the process of preparing, formulating and filing an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, what becomes quickly evident during the process is that the Federal Agency or the U.S. Postal Facility will suddenly become encamped and invested in one paradigm, and you in an altogether different paradigm, and then the scoffing begins.

The Federal Disability Retirement applicant (you) are no longer amongst the “for the mission of the agency” paradigm, and you end up being a member of that “other” paradigm whether you like it, choose to, or not. Thus do you participate in the vicious cycle of scoffing paradigms, in either sense of the terms, without even knowing it. Go figure.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Medical Retirement: Minding the ‘happiness principle’

Is there such a thing?  Certainly, enough authors, gurus and faith-healers have claimed it, packaged it and sold it as a commodity to be prepared, marketed and purchased.  Somehow, we are all gullible enough to believe in it:  Just as sorcerers of old possessed powers beyond human comprehension, so we hold on to the hope that such secrets of soothsayers mixing the concoction in a cauldron of expectations may boil over with fumes and aromas we can smell into oblivion.

That secret incantation; those mysterious sequence of codes (yes, which is why the Da Vinci Code was so popular – until it was made into a movie and the audience realized the farcical nature when bad literature is transformed into an ever worse media script); or perhaps it is a deal of Faustian proportions – of one’s soul for the hidden principle, the fountain of youth, the corridor down timeless ecstasy; instead, of course, in this mass-marketing world of consumer gullibility, we cling to the anticipation – despite all historical evidence to the contrary – that there exists a fortune-teller’s abracadabra comprising a happiness principle.

Principles are the foundational guidance for understanding the causal connections of events that occur in the objective world; first principles, as Aristotle liked to point out, are important in their revelatory powers to comprehend the operational mechanisms of this world of Being.  If you don’t know first principles, or the paradigmatic principles that operate behind the scenes – much like the Wizard behind the curtain —  then you will always only know that it happens, not why it does so.

And so we go through life, walking and wandering the streets, seeing others smiling, laughing and seeming to enjoy life, while we stew in the solitude of our private misery, perhaps outwardly attempting to feign such emotional brightness while inwardly decaying with each day’s tumult of angst and anxiety.

In minding the existence of the ‘happiness principle’, we are everyday falling into the statistical trap of that famous quip attributed to the 19th century Showman, P.T. Barnum, that there’s “a sucker born every minute.”  Even if everyday empirical evidence refutes the existential reality of such a principle, we nevertheless hope against fading hope for such a white knight in shining armor – that armor of protective fallacies based upon a nonexistent principle wrapped in the cloaking of hopes unearned and never to be attained.

For Federal employees and U.S. Postal workers who are down in the dumps because of a medical condition, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the reality that one’s career may be cut short and filing for Federal Disability Retirement benefits may be a necessity, must fight against the false hope that a Federal Disability Retirement annuity is the “be-all” and “end-all” of life’s miseries.

Medical conditions may continue to remain chronic; there will likely remain many challenges in the future; but the point of filing for Federal Disability Retirement is to allow for one to attain a plateau of hopefulness where one can make one’s health and well-being a priority, without necessarily minding the ‘happiness principle’ or believing in P.T. Barnum’s secret to success.

Sincerely,

Robert R. McGill, Esquire