OPM Disability Retirement: The Lost Illusions

In childhood, we retained many illusions; as adulthood came to fruition, such illusions were slowly stripped away, one by one, until reality hardened the sunlight of hope and replaced them with the gloom of daily existence.  Then, sometime later in life, when maturity formed the mold of contentment and latter-day fancies allowed for happiness to reside, we came to compromise with life’s misgivings, allowing that not everyone is bad, not everything is a failure, and not every regret has to be turned into a nightmare attributable to the fault of our parents.

In short, we finally grew up.  But what about those lost illusions?

We define an illusion as that which is wrongly perceived — in other words, it is our “perception” of X that is in error, and not the substance of what X actually is.  Encountering “Being” in the world is a scary matter [sic] in and of itself; for many, the elixir of living in a world of illusions is preferable to the ugly reality of pure Being; just visit any mental institution and one can get a sense of a universe where illusion dominates.

Throughout life, we must always adjust the world as we perceive it, the manner in which we desire to perceive, and the reality of matching perception with pure Being.  It is the game of expectations and the bumping into reality that is the hardest lesson to learn; and for most, the lost illusions of childhood yearning constantly battles to regain our need for a time past, a regret turned, and a desire snuffed.

For Federal employees and U.S. Postal workers who suffer form 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 illusion that one’s Federal or Postal position was secure for a lifetime’s future engagement may be the first thing that needs to be shed.

Further, the illusion that your Agency or Postal unit will be cooperative during the long and complex administrative process — because you “earned it” or that your prior years of dedicated service should count for something — may also be an illusion that needs to be set aside.

Filing for Federal Disability Retirement benefits will likely require the shedding of many illusions, and like those lost illusions once held by the innocent child that was once you, the illusions inherent in preparing, formulating and filing for Federal OPM Disability Retirement benefits under FERS is no different precisely because the encounter with Being is still the tumultuous affair that it always has been.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The need to belong

Is there?

The brashness of youth in the misplaced arena of self-confidence when one first encounters the reality of the world after being sequestered in schools, from High School to College, but yet to be tested by the reality of the surrounding world; and so the young person says thoughtlessly: “I don’t need anyone; I will go it alone.”  And so the story goes: and like Harry Chapin’s song, “Cat’s in the Cradle”, of little boy blue’s father who never had time to belong because he was always too busy; but then, we feel most comfortable in situations of familiarity, though we may deny it.

The need to belong is not a peculiarly human need; it is shared by most other species, although there appear to be exceptions within the subset of every species, where the loner presents with contentment, and even an antagonism towards the collective community.

Is it fear that compels the desire, or an innate sense of wanting to belong (a more positive characteristic than fear)?  Can the need be quashed and dismissed, set aside and disregarded as mere convention to be ignored and diminished?

For Federal employees and U.S. Postal workers who are considering preparing, formulating and filing for Federal Disability Retirement benefits under FERS, CSRS or CSRS Offset, is it the loss of community that often makes one pause — i.e., the need to belong?

Certainly, the camaraderie and being “part of the team” — though one may scoff at the very idea — allowed for one’s identity to thrive within the community of Federal or Postal workers; and identity-tied-to-career and work is an important component in belonging to anything, for everyone.  Yet, the medical condition itself is the very element that separated and excluded in the first place; the Federal Agency or the U.S. Postal Service is the “community” that begins to shun, to exclude, to make an outcast of the Federal or Postal employee, and that is almost an inevitability that must be faced.

At some point, that “community” called the Federal Agency or the Postal Service begins to lose its patience, and begins to restrict the use of Sick Leave or LWOP; or, when the FMLA runs out, a “demand” to return to work, to maintain a regular work schedule, etc., is imposed.

Unfortunately, the “need to belong” has to be a two-way street: The desire to belong on the part of the Federal or Postal worker, and the comity of interests shown by the Federal Agency or the Postal Service.  When one or the other begins to wane or vanish altogether, it is time to file for OPM Disability Retirement benefits and to look for other communities in which to satisfy the need to belong.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Claims: Methodological approach

We hear about the various approaches — of “quantitative analysis”; of systems created for a specific outcome-based determination; of numeric, qualitative, cost-benefits balancing, etc.; and all the while, we presume that there is a “methodological” underpinning that girds the analytical viewpoint, thereby systematizing the approach into a coherent consistency in order to limit and restrict human error.

That is the conundrum, however, is it not?  It is humans attempting to implement a methodological analysis that will expunge the very essence of humanity, by humans engaging in activities to erase that which makes humans for being so human — imperfection.

Analytical approaches without a preordained methodology presumes a flighty, ad hoc approach that fails to rise to the level of a vaunted “science”; yet, if a paradigm of a “methodology” is created and implemented by an imperfect being, how can it ever attain the level of mistake-free perfection that a “methodology” can promise?  The fact is, we are trained to be imperfect, but strive for the vanity of perfection in order to appease the gods of our own fears.

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 understand that there is, indeed, a “methodological approach” in putting together an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal employee is under FERS, CSRS or CSRS Offset.

One can enter into the administrative process by an “ad hoc” approach — by means of a proverbial “chicken with its head cut off” engagement and running about filling out this form, asking for that form, and bundling together whatever medical records one can obtain; but the better way is to have a “tried and tested” methodological approach to the entire bureaucratic morass.

Yes, human beings are imperfect; yes, the medical condition itself necessitates the preparation, formulation and filing of a Federal Disability Retirement application, to be submitted to OPM; and, yes, the entire administrative process of such a bureaucratic procedure is maddening, disheartening and often chaotic.

However, from the ashes of such chaos, it is best to engage in the confusion and chaotic morass by sifting through the difficulties with a “methodological approach”, and to do so, consultation with an experienced attorney is likely the first best step — thus revealing the first step in the methodological approach in preparing, formulating and filing an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: The immovable individual

Aristotle’s unmoved mover is an interesting conceptual posit:  it is based upon the cohesive compromise between the Pre-Socratics as paradigmatic examples encapsulated by Parmenides and Heraclitus – of the universe as seen in a singular “oneness” as opposed to embroiled in constant flux and change.

The unmoved mover consolidates into a synergistic compromise the pendulum between the two extremes:  Here is the apex of perfection representing unchangeableness, surrounded by the universe of flux and constant metamorphosis striving towards that paradigm of perfection; and so the world of alteration and the oneness of the infinite are balanced in a yin-yang of a complete whole.

Within this universe of the immovable and inconstancy reflects the types of individuals roaming the world – of the indecisive and hollow man without a moral compass, to the principled and uncompromising stalwart whom some would characterize as narrow-minded and radical in holding extremist views unshaken by cultural alterations and daily vicissitudes of undermined normative paradigms.

But history portends of change, and it is the mounds of human detritus that combine to reveal that flux is the foundation of successful adaptation for survival in Nature, as well as in human society – of business models that must follow the trends of cultural metamorphosis, to the embracing of a changing society and structures of sociological tremors throughout.  Yes, having principles to abide by is important; but Man is neither perfect like the Unmoved Mover, nor touching upon the residue of angels and gods who pride in the near-perfection of heavenly bodies.

The immovable individual – while principled and relied upon for foundational support – is often the one left behind because when life clashes with the ivory tower of conceptual constructs, not moving is tantamount to seppuku – the traditional honor-killing by disembowelment by the samurai.

That is often the problem with life, living and beliefs that one clings to; and for the Federal employee and U.S. Postal worker who has a view that one’s Federal or Postal career path must by necessity strive towards the Unmoved Mover, the problem is when a medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal positional duties.

Federal employees and U.S. Postal workers often will continue to work until it is detrimental to his or her own self-interest – i.e., to the cost of one’s health.

Yes, having a paradigm of principled beliefs is important, and yes, living by a moral compass can maintain the important foundation for integrity, loyalty, uprightness and reflecting all that is good in human nature.  But when reality clashes with principle – as when one’s view of working for “the mission of the agency” or for the good of the U.S. Postal Service begins to contradict one’s medical condition, then it is time to consider preparing, formulating and filing for Federal Disability Retirement benefits, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset, and not worry too much about being the immovable individual whose paradigm as reflected in how Aristotle’s Unmoved Mover may – while being a stalwart of perfection – be left behind in the dustbin of history’s irrelevant collection of ideas showing the vaunted state of angels no longer believed in, and gods removed because of the errors of myths and fantasies once created to tell the narrative of human folly.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Medical Retirement: The language of law

Wittgenstein recognized that there exists various forms of languages within a community of a shared language — with words everyone understood, sentences all were familiar with, but the usage and meaning of which were unique to a particular group or set of individuals.  Such comity of meanings and esoteric application of language were designated as “language games”.  Information Technology groups have their own set of insulated meanings; advertising agents, insurance companies, and children who form an exclusive club may formulate within-community code words exclusive to the group alone, and alien to all around.

What, then, is the language of law?  Certainly, analogy and hypothetical models of similar situations and transactions are a part of it; and the methodology of argumentation is to show the familiarity of classes of subject-matter issues and identical-sounding situations which penetrate the judge’s capacity to accept and anticipate precedent-setting citations of prior acts.  Why the language game of the legal arena accepts as a primary basis of interaction similar-sounding prior fact-scenarios is often a mystery to “outsiders” (i.e., non-lawyers), and confounds with frustration the enormous expenditure of time and money in engaging such circuitous narratives of persuasive argumentation.

What about my case?  What difference does it make whether or not a decades-old case applies in an analogical manner to the facts at hand?  But that is precisely the point of the language of law; for, it is consistency of application and perpetuation of stability which makes for reverence for “the law”.  Arbitrariness and malleability creates suspicion of motives, and justice requires the fair constancy of applying “the law”.

This is important to understand in all arenas of the “language game of law”, and for Federal employees and U.S. Postal workers who may need to entertain the potentiality for filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal Worker is under FERS, CSRS or CSRS Offset, the entrance into “Administrative Law” (which is what filing for Federal Disability Retirement benefits through OPM falls under) is no different.

Precedent-setting cases develop over decades and epochs of lifetimes; and whether the OPM Disability Retirement applicant is aware of it or not, the compendium of rules, regulations and decision-setting conclusions are all guided by, constricted within, and influenced throughout, by prior cases handed down by judicial opinions rendered “on high” by administrative law judges and Federal Court of Appeals mandates.

Should case laws be cited in the submission of a Federal or Postal Disability Retirement application?  As the law is the hinge upon which society survives, so the question of persuasive argumentation may live or die based upon the vocalization of precedents.  But always remember that the language of law is a specific type of language game, and the exclusive club of legalese requires some training of usage, where applicability may sound like gobbledygook unless formulated with an ear towards coherence within the insular language game of law.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Process: The Farcical Foray

It is the complexity of the absurd which tends to amaze; whether, in this day and age, we have lost the subtlety of the ludicrous, is sometimes to be held with awe.

Shakespeare’s Court jesters, clowns and fools all had that capacity to meander with linguistic pointedness; and it was in the very contrast between a character taking absurdity too seriously, and the juxtaposition of seriously expressing the absurd, that truth of circumstances often emerge. Within the context of such satire, there is a seriousness of purpose, and though we often become lost in the travails of life’s challenges, were we able to step back and consider the farcical, the foray would transcend between the mundane and the heavenly.

For Federal employees and U.S. Postal workers who engage the bureaucratic process of 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, the patience shown is a tribute in and of itself.

Yes, the bureaucratic process can often be likened to a farce; and yes, the lengthy administrative procedures and legal maneuverings reflect a complex process of the absurd; and — but for the medical condition which is the foundation of it all — the encounters with life’s obstacles throughout the administrative process would often make for laughter and mirth.

Be not distracted, however; filing for, and obtaining, Federal Disability Retirement benefits from OPM, is neither a satire nor a pleasurable play to witness; rather, it is a serious endeavor which must be taken seriously; and though King Lear was a serious play whose Court Jester revealed the absurdity beneath, preparing, formulating and filing for OPM Disability Retirement benefits should be approached and engaged with the full comprehension that behind the curtains of life, the foundation of every Federal Disability Retirement application stands a human being waiting upon the human folly of man-made bureaucracy and administrative turmoil.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Law: The Time In-Between, Afterwards

That time, as a historical event, is quite different from the retrospective vantage point of what we perceive today; and that is good to keep in mind.  After the event itself, the followers were not waiting around for the next event; rather, they were likely scrambling to determine what to do next, as they had no foresight of the coming circumstances, and thus did not consider themselves to be “in-between” two major historical pillars awaiting the next condition for completion.

In the aftermath, we can look upon it as a continuum, and view the time in between as one of anticipation and waiting; but from the real-time moment of the figures involved, the past trauma had already occurred; what was to come next could not have been known.  That is similar to how we live a life today.

For Federal and Postal employees who are anticipating filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset, it is a good lesson to view things in the “now”, as in-between, or afterwards, and from a later perspective.

Waiting upon a behemoth of a bureaucracy as that of OPM is never a pleasant experience, and one often feels like being in a suspended mode of administrative purgatory; and yes, there can be contingencies which must be first established before the next “move” in life can occur; but in the end, one should not wait upon the approval of a Federal OPM Disability application, but rather continue to pursue and build upon one’s life as in the aftermath of the occurrence. That is sometimes difficult to do, but necessary.

Waiting is often the hardest part; once the “happening” occurs, the tumult is released, and the Federal or Postal employee often feels that he or she is “set free” from the bonds of suspended time. But then, think about those followers of the fisherman who waited from that Friday until the morning when a seeming disaster turned into a triumph of historical proportions untold and unknown, at the time.

Sincerely,

Robert R. McGill, Esquire