Federal & Postal Disability Retirement: The Simulated Life

We all engage in it, to some extent; it is all in the “extent”, however, that matters.  The manufacturing of something which approaches the original; of pretending “as if”; they all constitute a simulation of sorts.  Whether of an expensive handbag that is made in another country where labor is cheap and copy-catting is the norm; or merely a smile when you actually want to cry; or of the rote response to, “Hi. How are you doing?” — where we reflexively declare, “Fine, and how about you?” — when in fact you are not doing “fine” but instead are forced to simulate the required rhythm of normalcy.

Society requires the simulated life until life itself becomes too real such that it must crawl out from the cocoon of artificial existence.  It is as if the metamorphosis from one form of existence into another must by force erupt, and that is the point when reality must by necessity force its being into existence.

For Federal employees and U.S. Postal workers who suffer from a medical condition where, each day, a simulated existence must be lived because to do otherwise might mean that you may lose your job, consideration should be given to possibly filing for Federal Disability Retirement benefits under FERS, especially when the real life being lived — the pain and anguish from a medical condition — can no longer remain contained within the cocoon of a simulated life.

Federal Disability Retirement allows for a lifetime annuity that lets you focus upon your health, and thus circumvents the simulated life and instead allows you to be the “real” you, and not some manufactured form of a fake smile, a forced joy or an artificial existence.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement Benefits: Losses

How many losses must one accumulate before being deemed a “loser”?

Was it just yesterday that Cal Ripken, Jr. won with the Baltimore Orioles in 1983, after a mere couple of years in the minors, but with that World Series ring on his finger, would then see decades of losses mount as a result of poor decisions in trading players, acquiring “has beens” and being in the unfortunate AL East where the Yankees and the Red Sox seem always to vie for the top tier of the elect?

Can a team win a World Series one year, then go on for thirty-plus years without ever winning one again, and yet be deemed “a winner”?  Or, can one always pause, give a grin, and say, “Yeah, but we were winners in 1983!”

Does one win wipe out an avalanche of losses such that the singularity of glory negates the overwhelming statistical significance of unending disappointments?  Or, what of the person who once had a promising career, but through a series of unfortunate circumstances considered by most to be no fault of his or her own, cannot quite achieve that level of promises dreamed of but never materialized?

Do we, in our own minds, create conditions which are impossible to attain, and then deem those unreachable goals as “losses” despite the artificial nature of the criteria imposed?  Do losses mount and exponentially aggregate because failure seeks after failure, and somehow the subsequent one is a natural consequence, inevitably by inherent nature, of the previous one?

Does bad luck come in bunches because of some Law of Nature, or is it just in our imagination that it seems so?  Are much of losses artificially created — i.e., we set the proverbial “goal post” in our own minds, then miss the metaphorical field goal and become despondent over the “loss” created within our own imagination within contextual circumstances fantasized that have no connection to objective reality?

For Federal and 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 or Postal job, that sense of “loss” can be an admixture of both objective reality and subjective, artificial creations.

The medical condition itself is an “objective” loss; but the Agency or the Postal Service’s efforts to compound the adversarial circumstances can be created in an ad hoc manner, where there are no rules or criteria to follow except upon the whim of the supervisor or the department’s reactionary intuition.  The interruption to one’s career; the constant struggle with a chronic medical condition; of being forced to deal with deteriorating health — these are all real “losses”.

On the other hand, adversarial initiations by one’s Federal Agency or the Postal Service — these, too, are “real” losses, though artificially created and unnecessary, in many instances.

Both must be dealt with when preparing, formulating and filing a 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 — but the fact that one must “deal with” so many “losses” does not, in the end, make one a loser.

Sincerely,

Robert R. McGill, Esquire

 

OPM Retirement for Mental or Physical Incapacity: Of persuasive effect

What does it mean to possess “of persuasive effect”?  If a person argues in a debate for endless hours, and at the end of it all, various people from the watchful audience turn aside to one another and declare, “Well, he sure was persuasive, but I’m still going to vote for the other guy” — what can such a statement mean?  If an acknowledgment of persuasion nevertheless results in an opposite conclusion, can one still maintain that there existed any degree of the very element which was supposed to modulate otherwise?

And legal precedents which must be applied — say, in a Federal Disability Retirement case, where the U.S. Office of Personnel Management is “required by law” to consider certain elements, such as under the Bruner case or the Simpkins case and subsequent case-law holdings which “mandate” that OPM consider the proffered evidence as cited by a Legal Memorandum — do they necessitate a certain outcome, or is it merely “persuasive but not determinative”, and what does that mean?  Is it that the level of persuasion was just “not enough”, and while it might have come somewhat close, it just didn’t have that final “clincher” to put it over the goal line?

And if we know beforehand that “persuasive effect” won’t necessarily result in a “determinative impact”, do we just not try at all, or is the mere possibility of “tipping the balance in one’s favor” enough to try and attempt to persuade?

For Federal employees and U.S. Postal workers who suffer from a medical condition, and where preparing an effective Federal Disability Retirement application becomes necessary, the impact of a Legal Memorandum — prepared and submitted along with the Federal Disability Retirement “packet” — is like traveling with Google Maps guiding one into unfamiliar territory.  Without it, the reviewing “specialist” at OPM will simply be presented with a stack of information with no indexing or cover sheet.

With it, the importance of persuasive effect is there to guide the OPM reviewer into seeing what is relevant and what is not; of the legal cases that are impactful and persuasive; and of the mandated requirements in applying the proper legal criteria, and not merely of empty arguments that seemingly possess of persuasive effect, but lead to conclusions otherwise left without direction.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation for OPM Disability Claims: The strange story of X

He was always reserved, and became even more so in the last few years.  Never one to first say hello, but always quick with a smile whenever anyone passed by his desk, those in the office kept away from him – not because he was unlikeable, or even because he himself initiated any enmity or scorn, but merely because that was the way things were.

He was a stranger among coworkers where working together brought individuals of different perspectives, outlooks, backgrounds and personalities together to form a union of common objectives. He was older than most of his fellow compatriots, but not too old to stand out as stodgy or unwelcomed. Most others simply knew him because he had been there for as long as they could remember, and some, of a time when he had not yet arrived.

The strange story of X is just that – it is not so strange, and he was just another individual whose anonymity was pronounced by the very likeness to everyone else’s story.  In this world where people work together for years and years, but where neighborliness stops at the clock that shows when office hours end and the compensation to be received will not exceed the ticking of a minute thereafter, lives are lived in close proximity, but never known.

In other universes, in different civilizations, in foreign communities and amalgamations where the human species congregate in tribes, townships and collectives of human detritus, the strange story of X is often not of that stranger described, but of the others who never took the time to invite that stranger into one’s home.  The story always continues, of course – of the sudden disappearance, of rumors abounding, then the dissipation of any notice, until time concealed and the question went away; until the strange story of X became focused upon the next person who everyone passed by as a nobody amongst a universe of somebodies thinking that the strange story of X was unique in some way.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact the Federal or Postal employee’s ability or capacity to complete and fulfill all of the essential elements of the Federal or Postal position, the strange story of X is often a familiar one – except that, instead of the “person” himself, it is the medical condition that everyone, or most everyone, “knows about” but never acknowledges, and treats as if it doesn’t exist.

This is a funny and strange world, where the suffering of others is barely spoken about, and anonymity is preferred over empathy expressed.

Perhaps it is time to “move on”, and to do so, 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, is a necessary first step.  For, in the end, the strange story of X is in the very estrangement of human beings from the humanity we have left behind, and fighting for a Federal Disability Retirement benefit may be the best hope of leaving such strangeness behind, where neither the workplace nor the coworkers will query much beyond a day’s absence when the clock ticks five.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Legal Representation: Paradoxes

Quine, probably the greatest logician since Bertrand Russell, notes that paradoxes often occur as a result of presumed beliefs otherwise left unstated, and once they are “fleshed out” through query and made explicit via closer scrutiny and analysis, the portion which befuddles often disappears.  Confusion within a language game, of course, is often a large part of it, and certain unstated preconditions and assumed facts otherwise implicit and hidden will leave the stated portion incomplete such that others must come along and unravel the mystery.

In a similar vein, statements made as “necessarily” so also retain unstated presumptions.  Thus, if we claim that “the sun will rise tomorrow”, we are asserting that it is “necessarily so”.  If a child asks, “Why is that so”, we will often revert to nothing more than Hume’s response that because it has always risen in the past, and the revolution of planets and rotation of the earth around the sun has been a reliable compass upon which we can depend, it is the regularity of events in the past that determine the necessary expectation of repetition for the future.

It is, then, those unstated or “hidden” presumptions that made certain statements and claims unclear, and the job of an attorney is to clarify that which is left in a muddle.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where it becomes necessary to file an effective Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the questions surrounding paradoxes and necessity can be important.

Medical conditions can certainly be paradoxes.  Without explanation, they can debilitate, progressively deteriorate and impact a person’s ability and capacity to continue on as before.  Even with a medical diagnosis, prescribed course of treatment and sometimes surgical intervention, they may remain a befuddlement because of a lack of knowledge or explanation.

Having such a medical condition may nevertheless require that the Federal or Postal employee file for Federal Disability Retirement benefits because the Federal or Postal employee is no longer able to perform one or more of the essential elements of the Federal or Postal job.  The filing itself becomes a “necessity”.

The gap between the paradox of the medical condition and the necessity of filing a Federal Disability Retirement application through the U.S. Office of Personnel Management becomes quite clear: Necessity does not equal entitlement, and the paradox must be proven.  In doing so, implicit facts must be explained and explicated, and more than an argument of “because it has always been so” will have to be put forward to persuade OPM of the viability of one’s case.

To that extent, do not allow for concealed and presumed “facts” to defeat your Federal Disability Retirement application, and never allow your statement of facts to remain a paradox, lest it become “necessary” to engage further steps of appealing the Federal Disability Retirement process in pursuance of an approval from OPM.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: The Trader

We all think we are the “best” at it; and, indeed, that is one of the espoused qualifications boasted by one of the major party’s candidates:  a greater deal-maker, the penultimate trader.  Such a person claims to be able to spot the jewel in the hidden crown; the uncut diamond in the quicksand of life; and the unrevealed luminosity in a universe covered in the abyss of vacuity.

We all like to think of ourselves as that great horse-trader – the one who can spot a good deal when we see it, and walk away from a sour one left unidentified for another sucker to be conned.  The problem is that our egos tend to be greater than the wisdom of our own estimation.  There is a reason why, in the United States, “self-esteem” hits records of affirmation and acknowledgement; we keep telling ourselves how great we are, and all the while others prove worth by accomplishment and sheer toil.  That used to be our lot – of toil, despair and exhaustion from hard work; now, we believe in ourselves, and so it must be so.

There was a time when trading well meant surviving for another season; fur traders, commodity exchanging and transference of goods and services – these were the substances by which lives were lived.  The introduction of money as the prevailing source of exchange placed an interrupting force within the evaluative process of trading.  For, no longer was one thing transferred by direct possessory exchange for another, but the purchasing means became dependent upon a common currency for that exchange.

We lost the “eye” for direct exchange, and instead relied upon outside sources to determine the value of goods and services; and if one acquired a greater amount of currency, then the value itself of exchanging with that currency became diminished; and thus was born the evil of inflation.  There is no inflation in a primitive economy of direct exchange; for, what is immediately needed, desired and traded for, constitutes the direct value of the currency involved.

Then, of course, there are less “material” issues for the good trader.  There are “trade-offs” which must also warrant a “good eye”, in that a person must be able to evaluate, assess and analyze current circumstances, future needs and predictability of contingencies unexpected.

That is where the good trader in a Federal Disability Retirement case comes into play.  For, the Federal employee or U.S. Postal worker who suffers 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 or Postal position, must be able to evaluate all of the vicissitudes of life’s misgivings, and make the “trade-off” between current work and career, future needs and potentialities, and engage the proper decision in moving forward (or not) in preparing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether under FERS, CSRS or CSRS Offset.

For, being the natural trader all of us are, and believing that our self-esteem depends upon the efficacy of our trading instincts, may not be enough to survive in this life; it often takes an evaluative methodology of acknowledging the “trade-offs” one must accept or reject, in order to survive, and the first order of a trade never to make is the one that concerns one’s own health and well-being.  For, that is an invaluable commodity which has no equivalence of worth possessed by anyone else in order to constitute a fair exchange under any circumstances, and that is why preparing, formulating and filing an effective Federal Disability Retirement application reflects the greatest trade of all.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Human Perfection

Human perfection, it would appear, can be achieved.  How?  Simply by altering the definition of terms and utilizing the malleability of language, the short attention-span of historical memory, and the capacity of people to fool themselves.  It is the methodology of “moving the goal posts” once the opposing team comes within striking vicinity of scoring in a game; instead of tinkering with the substance of the issue, we merely change the rules of application.

Such actions certainly reveal the disconnect between language and reality, where the former reflects the gymnastics of linguistic flexibility without direct connection to the latter, and where the latter can continue to remain unchanged despite the radicalization of the former.  It is the universe of Orwellian reality, where one may declaratively assert the truth despite empirical evidence to the contrary.  But there are limits to such an approach.

For Federal employees and U.S. Postal workers who suffer from a medical condition, the progressively deteriorating nature of the diagnosed medical condition, in and of itself, is just such a limiting factor.  Try as one might, you cannot “fake it”, or even if you can (for a time or a season), the nagging reality of the chronic and pervasive immediacy of pain, debilitating symptoms, and overwhelming fatigue tends to make irrelevant such attempts of avoidance, neglect and attempted pigeonholing of the medical condition itself.

Language is ultimately meant to connect the objective world with the capacity to communicate through the insular subjectivity of thoughts, responses and feelings; instead, in modernity, it is too often used to validate the subjective universe of narcissistic egoism.

For the Federal employee and the U.S. Postal worker who has come to a point where language can no longer redeem the reality of one’s medical condition, consideration needs to be given for filing a Federal Disability Retirement application through the U.S. Office of Personnel Management.  The Federal or Postal employee can only use the malleability of language only for so long; and just as perfection is never truly achieved just because we say it has, so the mere fact that the Federal or Postal employee asserts that the reality of the medical condition will “just go away”, doesn’t make it so.

Sincerely,

Robert R. McGill, Esquire