FERS & CSRS Disability Retirement: Death of the metaphor

Metaphors and analogies are how we communicate; without them, it is the mere drone of sounds emitted, and even if without the directness of a simile where we place the comparison of two or more differing entities and connect with the word “like”, it is the only means of striving to reach a greater understanding of the world around.

The death of the metaphor is a certainty.  Modern technology has eviscerated the capacity of human beings to remain curious; and curiosity is not what killed the cat, but allowed it to remain a force in evolutionary stages of increasing survival instincts, as the trait of the inquisitive allows for greater mastery of the universe.  Smart phones allow for a person to defer memorization; computers deaden the natural instinct for query; and technology in general denies the relevance of a metaphor precisely because we need not struggle to explain – the machines do all of the explaining for us.

The death of the metaphor means the rise of the deadened soul, and suppression of everything that was uniquely human.  Would Shakespeare have survived in this day and age, or the complexity of language allowed for such subtleties of linguistic shades of meaning?

For the Federal employee or U.S. Postal worker who is suffering 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 job duties, the need to employ metaphors still exists, as the U.S. Office of Personnel Management – the Federal agency that makes a determination on all Federal Disability Retirement applications – must still be persuaded by argumentation and logical sequencing of thought processes.

Yes, the death of the metaphor is imminent and inevitable, but in the greater corners of administrative law, the metaphor, the simile, the analogy that persuades must yet be utilized in order to make effective a Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Gov. Employment: Degree versus knowledge

Does a degree hold as much worth, if everyone possesses one?  Why are the economics of supply and demand not attached to degrees conferred by so-called institutions of “higher learning”?  Is the degree conferred of value because of the opportunities granted by the elevated status, or by the knowledge gained and imparted?  Or is the disjunctive bifurcation into universes of counterparts, between diploma represented as opposed to a jewelry box of wisdom, an offer of false alternatives, when some may indeed gain knowledge as well as certification in completion of courses advanced?

If everything is nothing, and nothing constitutes the combined aggregate of everything, can a distinction with a difference be proffered?  So, if everyone has gone to college, and the conferring of a degree is disseminated to all, has nothing been gained by the accessibility to everything?  It is, of course, best represented by Cordelia in Shakespeare’s Tragedy, King Lear, where he responds to the hesitant daughter, “Nothing will come of nothing”, and entreats her to further to expound by extravagant and flowery profusion of meaningless trope; or would it have been meaningless?

The silence which ensues between the cacophony of emotions in the short scene is painful and agonizing.  The old king whose feelings have been devastated; the insincere showering of expressed flattery by his other daughters; the pauses and elongated silences between entreaty and loss of words; for, it is ultimately that wide expanse and abyss between the words fabricated and the intent revealed, which formalizes the fate of a person’s soul and destined catastrophe.

It is the identical nature of a degree versus knowledge, and there are multiple parallels and counterparts of such contending artifices of conceptual constructs enamored; of silence versus quietude; of peace which merely poses as a veil for a ceasefire.  Knowledge is what is lacking in a society that promotes glitter, padded resume and degrees dispensed with abandon and devalued wisdom.

There are exceptions, however, and the pragmatic cynic will counter with:  Would you allow an individual without a medical degree to perform surgery upon a vital organ?  The answer, of course, is an unqualified “no”.  And that is why, in a Federal Disability Retirement application, the case-law conferred and rendered by Administrative Law Judges at the U.S. Merit Systems Protection Board have consistently held that a treating doctor possesses the greater credibility in formulating an effective Federal Disability Retirement application in a Federal Disability Retirement case, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

For, like the issue surrounding the distinction between “degree” versus “knowledge”, the medical doctor who has never treated a particular patient, but who certifies that the Federal or Postal worker is unable to perform one or more of the essential elements of the Federal or Postal employee’s positional duties, is likened to a person who wears the formalities of credentials, but lacks the individualized knowledge elevated to the heightened ascendency to wisdom, representing the doctor who has had multiple clinical encounters and can determine the capacity and capabilities of the Federal Disability Retirement applicant with confidence paralleling the man of knowledge who may lack a degree, but never fails to notice the pitfalls present on the pathway to an unlit gaze upon the heavenly stars of folly.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government Employment: Terms

Language is a malleable vehicle.  There have been times in the history of language, when the staid and stodginess period of loss of vibrancy became the rule, followed by epochs of radical vicissitudes, upheavals and counter-conventional revolutions in the medium of language games.  Whether this encapsulated slice of linguistic alteration, upending traditional forms of communication because of electronic media and the hype of language abbreviated by Twitter, Texting and Tablet Titillations, will last the short life of technological innovation and obsolescence, is yet to be determined.

For example, the time of Shakespeare’s linguistic explosion of experimentation and expansive usage became in retrospect a richness of entering into connotative language meanings from which we benefit to this day.  But steadiness, continuity and conditions of stability are also important in order to take the proverbial breather to accept, embrace and assimilate (a term widely used for contextual purposes in modernity applied to immigration reform, as well) the linguistic revolutions that become incommensurate with meaning, communication and conveyance of terms.

Terms are important, both in common usage and in technical application.  In the arena of Federal Disability Retirement Law, different words are splayed about, sometimes without regard to proper application, especially when the “law” often requires a greater attention to precision of meaning.  Some simple and common crossovers of linguistic confusion involve:  “medical retirement” and “disability retirement” – do they mean the same thing?

If reference to either term involves the submission for an early retirement to the U.S. Office of Personnel Management, then the answer is “yes”, they do mean the same thing.  Federal Disability  Retirement is identical to “Federal medical retirement” if by such words the query is referring to filing for an early retirement based upon the Federal or Postal worker’s inability to perform one or more of the essential elements of one’s Federal or Postal position, and therefore the intention is to access an early annuity because of one’s early retirement based upon the medical condition, and submitted to the U.S. Office of Personnel Management.

Some other terms often confused or conflated:  “On-the-job injury” or “pre-existing condition”; these terms are often used in the language-arena of Worker’s Compensation issues, and rarely have any import – or applicability, at all – in the context of a Federal Disability Retirement application.  For, in a Federal Disability Retirement application, whether the applicant is under FERS, CSRS or CSRS Offset, it matters not whether or not one has been disabled “on the job” or away at a skiing accident; instead, what is important is the impact of the injury or disease upon one’s ability and capacity to perform the essential elements of one’s Federal or Postal position.  As for a “pre-existing” condition – that, too, is more likely appropriately defined in an OWCP context, and rarely in filing a Federal Disability Retirement application.

In any event, “terms” are meant to be used within a context-appropriate content of filings, and in preparing, formulating and filing an effective Federal Disability Retirement application, it is important to clarify and conform to the applicable statutory mandates in defining and using the terms which are most appropriate and effective.

For, in the end, the explosion of language during the era of Shakespeare and the Elizabethan Age reverberates with critical linguistic richness to this day; yet, if we were to have a conversation with a bloke from that era, the terms employed would not only confuse us, but confound us with a profound sense of despairing lack of cogency despite our self-aggrandizing declarations of superiority and advancement in the modern parlance of greater self-esteem.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Benefits: The Eyes Which Betray the Laughter

Plato noted the significance of the eyes; as windows of the soul, they reveal the depth of emotion, character, empathy, interest, boredom, meanness, etc.; and just as true, the lack thereof.  Laughter provides the concordance of mirth to context; cacophony occurs when the harmony between the two somehow fails to connect.

The pinnacle of sadness is represented when one looks upon an individual, hears the laughter, and sees the revelatory sadness deep within the eyes of the soul.  The discordant contrast takes us aback; it is perhaps the height of self-contradiction, where the parallel universes which are never supposed to transect, suddenly violate the very content of definition, and betray the consciousness of self-doubt.

What has transpired?  What tragedy has befallen?  It brings to mind the poignant story by Chekhov, entitled “Grief” (or otherwise translated as “Misery”), where the death of the son is magnified by the haunting question, “With whom shall I tell my grief?”  As the world he continues to encounter is filled with passengers who laugh and carry on with life, the father must continue within the disharmony of his own tragedy.

Medical conditions tend to do that to people; it remains silent, but for the sharing beyond the perfunctory response to the passing, “Hello, how are you?”  We are expected to say merely, “Fine, thank you,” and move on.  Federal employees and U.S. Postal workers know about the emotional disjunctive between the eyes and the emitting laughter.  When the sound of mirth and the sight of pain clash, it is probably time to make an exit by filing for Federal Disability Retirement benefits.

While often not the “best solution”, it allows for the Federal or Postal worker to leave one’s employment, secure a disability annuity, and seek a restoration of one’s health, in order to reinvigorate the soul behind the eyes of tragedy.

Filing for Federal Disability Retirement benefits, whether the Federal employee and U.S. Postal worker is under FERS, CSRS or CSRS Offset, is a long and arduous journey through a bureaucratic maze.  There is the process itself; the need to substantively put together and formulate an effective and persuasive disability retirement packet; and then the long wait before the U.S. Office of Personnel Management.

Every Federal and Postal employee must make the decision of when and how; but as to the “why” of the foundation, it is when the eyes begin to betray the laughter, that affirmative steps need to be taken to begin to prepare, formulate and file for Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire