Federal Employee Disability Retirement: Loneliness in a Crowd

Do we all share that experience?  Or, do some never sense the isolation felt, the separation determined, the detachment embraced; but instead, always the smiling center where the crowd is but an extension of one’s body and soul?

A crowd, of course, can be an organic mass of an aggregate whole that, because it is a herd of humanity, can never embrace the individual; and as the individual stands within the continuum of others similarly situated, so the uniqueness of each is lost within the greater whole.

Human emotions, however, are possessed by the independent “I” of each person, and the insularity of those emotions within the inner soul of each body conceals itself except when expressed through words, deeds and facial or other characteristics that betray the anonymity of the crowd.  A teardrop here, a smile over there; a forlorn look of regret by a furrowed eyebrow or the curling frown around lips that purse; and words, of course, that are expressed.

Does tone matter?  Can a person express an emotion in an emotionless manner, and still be sincere in the very expression of that emotion?  Similarly, can a person stand within the mass of a crowd and yet declare loneliness, and be believed?  And of how we treat one another as human beings — or as mere objects that respond without regard to the validity of the subjective “I”.

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 sense of loneliness in a crowd is palpable precisely because, although still with the Federal Agency or the Postal unit, one is treated as an outsider, a person separate and apart and no longer “one of us”; and when that sense of loneliness in a crowd triggers hostility and adversity, it becomes apparent and self-evident that separation must follow — by preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Otherwise, the loneliness in a crowd may ultimately lead to detachment from the crowd, involuntarily, by a termination of one’s Federal Service, on their terms and not on your own.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Workers: Higher and lesser standards

Does anyone ever go into something, engage an activity, begin a project or initiate a hobby thinking that a “lesser standard” would be acceptable?  Or, is the “higher standard” always the option preferred? — and if we fall somewhat short of the goal intended, isn’t it better to strive towards that height of vaunted “unreachable-ness” like the lesser angels who try and climb up the ladder to heaven but fall short because of the misgivings of sins committed or blemishes of imperfections left unchanged?

One can always argue, of course, that all standards are somewhat “arbitrary”, and perhaps they are to the extent that we can always “do better”, and the self-satisfaction of reaching the pinnacle of any standard set is merely to realize that there can always be another step to take, a further goalpost to conquer, and a next and higher challenge to face.  To begin with a lesser standard is to foretell defeat before a journey is begun; whereas, to demand an unreachable standard is to despair of an idealism that cannot be fathomed.  What, then, is the “proper” standard to set?

To set it too low is to achieve mere mediocrity; to preface a too-high-a-standard is to defeat one’s advocacy before efficacy can be tested.

We, none of us, want to begin a journey with a defeatist mentality, and it is the setting of a standard — however low or high — that often determines the success or failure of any endeavor.  It is only when we “know” that a self-set standard will never be reached, cannot be attained and will never be near to the heart of our wishes and desires, that then we realize the utter futility of our own efforts.

For Federal employees and U.S. Postal workers who have set a high standard in their careers and employment goals, it is a difficult road to take, both mentally and/or physically, to realize and come to the conclusion that one’s professional standards can no longer be met because of a medical condition that impedes, precludes and prevents the Federal or Postal employee from performing all of the essential elements of one’s Federal or Postal job.

No one ever sets out to reduce the standards of a life’s goal, but when outside forces such as a medical condition impact upon the standards set, the choice is 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.

Federal and Postal employees have always set high standards for their work ethic. Sometimes, however, it is not the higher standard that defeats, but the lesser standards of reality — such as a medical condition that comes about unexpectedly in life — that forces the necessary adjustments that remind us of our own mortality, imperfections and the gap between the higher standards we set and the truth of our own misgivings.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Answering the question

What constitutes “answering the question”, and more importantly, how does one determine when its opposite occurs — NOT answering the question?  Does the former occur if the questioner fails to follow up, and does the latter become an issue if the person asking responds with, “That doesn’t answer my question,” or some such similar declarative assertion?

Take the following hypothetical:  Person A asks Person B, “So, where do you come from?”  Person B answers, “The skies of Normandy were grey on that June day in 1944.”  Now, Person A could have various responses to such a statement, as in:  1.  “No, no, I asked where you came from.” 2. “Are you telling me that you come from Normandy, France?”  3.  “That doesn’t answer my question.”  4. Or, silence, with no follow-up.

Person B, of course, could similarly respond in variegated ways, as in:  A.  “I just told you.”  B.  “Yes” or “No” (in response to the follow-up question, “Are you telling me that you come from Normandy, France?”).  C.  Silence, or “Yes it does.”  D.  Nothing further.

It may be that Person B simply has a poetic bent, and from his perspective, the mundane query was answered in a metaphorical, literary manner.  More to the point, however:  Who determines if a question has been answered (leaving aside the further query of whether the answer itself has “sufficiently” or “fully” been responsive to the question) — the one who asks, or the one who answers?

In a normal conversation, of course, the issue rarely comes about; in an argument where one or the other side, or both, are trying to get answers and defeat the other side, the heat of the moment may determine the answer to the question; and the penultimate paradigm of the question, “Who determines whether the question has been answered?” occurs in the highest form during a deposition or cross-examination in the legal arena.

Observing what occurs during a court proceeding is an interesting experience of human behavior; of the back-and-forth between counsels and the witnesses being deposed or examined, as in:  “You didn’t answer the question.”  “Yes, I did.”  “I asked you…”.  “Asked and answered.”  “Objection, the question has already been asked and answered.”  And on and on until a singular point is pursued to an exhaustive level ad infinitum and ad nauseum.

Is the issue of what constitutes an answered question somewhat akin to the question or “original intent” — i.e., that just like an author’s original intent as to the meaning of a written document is what should rule, similarly, the person who asks the question has the sole power to determine whether or not the question asked has been answered, and moreover, adequately and sufficiently answered?

For Federal employees and U.S. Postal workers who are beginning the process of preparing, formulating and filing 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, these questions concerning the “answering of questions” will and should come to the forefront when confronted with the questions asked on SF 3112A, Applicant’s Statement of Disability.

Inasmuch as the U.S. Office of Personnel Management has promulgated the questions in a carefully-crafted manner, there are some inherent pitfalls and dangers in what constitutes an adequate response, a sufficient answer and the complete delineation that rises to the level of a satisfactory statement.

SF 3112A is replete with unanswered questions within the very substance of each question, and the answers you provide are best guided by an attorney who has had the experience of legal encounters previously, and who specializes in the Law of Federal Disability Retirement.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation OPM Disability Retirement: The Grammar of Life

How we speak about the world; the words we use, the vocabulary inserted; and of the commas, hyphens and semicolons inserted; are they merely contained within the language games engaged, or are they reflective of a greater whole within aworld that views reality through the lens of language? Does what we say, how we speak, the words we choose and the accent intoned make a difference – and, if so, how, to whom and to what extent?

Certainly, it shapes how “others” see us, but what of our own self-image and the role we play in the everyday discourse of life?  When we refer to the “grammar of life”, the connotations and insinuations are endless; for, in this age of modernity, where most of us rarely encounter the objective world – except when crossing streets, sitting down for a meal or engaging in private acts otherwise unseen and unheard – but remain within the various “language games” of discourse, thoughts, self-reflection, analysis, contemplation and soliloquys.

Think about it; what amount of time is spent on reading, writing, responding to emails, getting on the computer, viewing, watching a movie, a video, discoursing with someone else, on our smartphones, texting, etc.?  In all such amalgamations of activities just described, we are merely engaging in the grammar of life – of the rules of speaking, emailing, texting, commenting, responding, initiating, etc.  The remainder – of actual engagement in the reality of this “objective” universe we must contend with – has become but a fragment of this surreal, virtual and insular world.

How much time have we spent on “perfecting” or otherwise becoming more skillful in maneuvering through the curves and pitches of this new reality?  Have we mastered the grammar of life, or are we just bumbling through the discourses as if reality is merely a byproduct and encountering the “world” is but a means to an end?

The Grammar of Life is important to recognize, because we spend a great deal more time in it than we recognize or admit to, and we were drawn into that alternative universe without any deliberative intent or acknowledgment of choice.

For Federal employees and U.S. Postal workers who are considering preparing, formulating and 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, you need to prepare to engage a “special” section of the Grammar of Life when coming up against your Federal Agency, the Postal Service and OPM, when preparing an effective OPM Disability Retirement packet.

For, in the end, it is the “ultimate” of putting together a compendium of language games – from how the medical reports and records are presented; to the legal arguments made; to the fashioning of the Applicant’s Statement of Disability on SF 3112A – all constitute and are comprised of the Grammar of Life, and if you have not been preparing throughout your life to take on such a challenge, it may be a good idea to consult with an attorney who has honed the skills of what to say, how to say it, and when to say it, which are the three essential rules in the Grammar of Life.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Civil Service: By what measure?

Does a formula, a paradigm or a standard instill in us the direction we so desire?  How is it that we compare X to something, and is the contrast a necessary prerequisite to achieving and accomplishing, or is that some artificial, societal construct that we have manufactured in order to sell ourselves a “bill of goods”?

Yes, yes – Western Civilization (remember that middle-school subject taught under the general aegis of that title?) always begins with the philosophical precept of Aristotle’s, of “First Principles” and the “causes” of events and occurrences, but where is it stated that we must have a “measure” by which to compare and contrast?  By what measure do we apply ourselves, or is not the evolutionary will to survive and the genetic predisposition to propagate a sufficient factor in the drive to excel?  Like peacocks during mating season and robins that reveal a ferocity of savagery in the spring months, is there a measure by which we are deemed a success or failure, and by a standard where comparisons are made, conclusions are reached and judgments are rendered?

Rare is the solitary figure who abandons all implements of societal judgments and goes it alone without the condoning nod of an authority figure.  Lone wolves are figments of mythological fables; the rest of us follow the herd by the measure set by others in a society of gossipers and watchdogs set upon us without warning or consistency.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the standard of measure has always been some unstated and unfairly predetermined set of rules that are governed by a bunch of words we never agreed to – i.e., “productivity at the cost of health”; “loyalty to the mission of the Federal Agency without regard to medical conditions”; “repetitive work leading to stress injuries where proving causation is nigh impossible”, and other such silent statements of accord – but where the last bastion of hope often resides in 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.

All of these many years, the Federal or Postal worker has toiled under tremendous pressure by the measures set by the Federal agency or the U.S. Postal facility; fortunately, the standard by which OPM Disability Retirement benefits are granted is predetermined by statutory authority, and not by arbitrary fiat by a supervisor, manager or some other head of the department or agency by will of authority or changeable character of an individual.  Filing for Federal Disability Retirement benefits through OPM must follow certain eligibility guidelines and statutory confinements, as with most other set standards; but by what measure you may live your life after winning an OPM Disability Retirement annuity – that is set by you, the lone wolf.

Sincerely,

Robert R. McGill, Esquire