Early Retirement for Federal Employees with Disabilities: Persuasion

Can the written word persuade?  Can “passion” be elicited by a series of letters, dots, crossing “t’s” and other such grammatical nuances?

Certainly, when language is spoken, we often hear discussions about the “passionate” delivery, or the fact that the speaker was “fiery”, a “true believer”, or even “inspiring”, etc.  Somehow, and for whatever reasons, we attach the emotional component of a speaker’s voice with the persuasive force of sincerity upon the words themselves.  Can it ever be “faked”?

We are too often too naive to think not; and that, of course, is what the con-man and the counterfeiter is banking upon.  Persuasion offered by an impassioned voice is much easier than the power of the written word; for, articulated with the right barometer of a voice’s pitch, it tugs at one’s hearts and confuses the otherwise skeptical mind.  A paper presentation must persuade through the force of logical argumentation; for, there exists no voice of passionate conveyance to do otherwise.

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 of Postal job, filing a Federal Disability Retirement application with the U.S. Office of Personnel Management must by necessity be a paper-presentation to OPM.  To be persuasive is thus doubly-difficult, as you must make sure that all of your arguments are articulated with soundness of reasoning and forceful in their legal relevance.

Consult with a FERS Disability Attorney who specializes in Federal Disability Retirement Law, and make sure that your method of persuasion matches the substantive weight of you circumstances.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal and Postal Employees: Stupid Mistakes

Our first reaction may be that such a phrase is in fact a tautology; for, to make a “mistake” is by definition to do something “stupid”, and so it is merely a redundancy to use and place both terms together.  But surely we can conceive of circumstances in which “making a mistake” turns out to be the very opposite of having done something “stupid”?

Perhaps some earth-shattering mistake in science resulted in a new discovery — of having made a mistake in combining two or more elements but resulting in a new, composite element beneficial to society?  Or of having made an accounting error which accrued to one’s personal financial benefit?  But even then, one may argue that the mistake itself was a stupid one; the consequences merely turned out to be beneficial, but that doesn’t necessarily impact the character of the mistake itself.

And what of follies in our youth?  Does age and greater experience, retrospectively reflecting back into the series of life’s mistakes and actions thoughtlessly taken, lead us to conclude that we have made multiple “stupid mistakes”?  What, then, constitutes a “mistake” such that it was stupid?

Often, a glimpse into what we did in the past — of having forged ahead without a plan, thoughtlessly, and without due diligence in considering all of the factors; these, and many more actions taken without an inkling of preparatory counsel, constitute what most people consider as a “stupid mistake”.

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 may be necessary to consider filing for Federal Disability Retirement benefits under FERS.  In doing so, it is necessary to have a full and comprehensive understanding of the laws which govern FERS Disability Retirement and the administrative process and procedures abounding.

Consult with a FERS Attorney who specializes in OPM Disability Retirement Law, lest you come to regret it as one more “stupid mistake” that was made — as one of many that we all make throughout our lifetimes.

Sincerely,

Robert R. McGill, Esquire

 

Legal Representation on Federal Disability Claims: What we value

We give lip-service about the things we claim to value.  One’s intentions often satisfy the guilt we secretly harbor, whether suppressed consciences touch upon the better half of our souls, or not.  We “say” we wish to spend more time with family members, our kids, our spouses and other kindred spirits, but then when the opportunity opens up for us to do so, we wallow in the self-pity of the internal universe we create.

Have circumstances forced upon us those intentions we have often voiced but never fulfilled?  If a medical condition forces one to remain at home, why are we not happy that we can spend more time with those whom we have previously cast aside with the words spoken but never followed through upon?

If what we value is based solely upon the words spoken, we would indeed be seen as a compendium of value-filled coupons collected over many years of savings; but as time in a bottle is merely an empty space of air filling a bubble of eternity, so words thrown about carelessly to listening ears may be too young to realize and otherwise cling to voices that reassure but never fulfill, like the wolf in sheep’s clothing that devours all who are so gullible as to disregard the elongated nose that defies belief.

In the end, what we value is proven by the actions we initiate, fulfill, embrace and confirm; and for Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to prevent one from performing one or more of the essential elements of one’s Federal position, it is the deterioration of one’s health that becomes the very test of that which we value.

Is one’s health important?  Does one’s career override all else?  What is the meaning of “sacrifice”, and how far must one go in proving one’s loyalty and commitment?

Filing a 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, is not a judgment upon what we value; it is, instead, a reflection of how we value workers who have shown a commitment in the Federal sector and the Postal Service, by recognizing that once the eligibility criteria of 18 months of Federal Service has been completed, the family of Federal and Postal workers have a vested interest in protecting the rights of a worker who has suffered from a medical condition and deserves greater consideration than to cast them aside with nothing but the shirt on their backs, or the empty words often bandied about without meaning or value.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: The negative of a photograph

In this digital age, the disappearance of the negative in photography is quite appropriate; for, this is an age that has attempted to expunge everything negative, both in form and in substance.  That thin strip of plastic film that was always retained, and carefully coupled with the “positive” prints, was preserved with the idea that the more valued sets of prints may become lost, distributed or otherwise disseminated, and in that event, so long as the negative of the original was retained, more could be printed out.

Just before the digital age, there were “do-it-yourself” machines – monstrosities that received the film, processed them and spit out two-prints each; or is that just the faulty memory of this writer? The double-prints were meant to allow for giving of one and keeping the other, just in case grandma or grandpa wanted one of those cute pictures where everyone simultaneous said the universal word: “Cheese!”

Yet, the concept of the negative still retains some fascination, despite its obsolescence in the modernity of the digital age; for, it is the reverse order of reality, where the lightness of images retains the darkness of reflection, and vice versa, because of the chemical sensitivity in processing the film.

And who among us recalls the ghoulish search when we actually did want to get another print made – of searching through various negatives, seeing the hollow images of figures staring back, trying to discern whether multiple negatives that appeared similar but not quite the same could be the one, by matching the angle of the face, the tilt of the head, or some mysterious figure in the background not shown in the original?

Have we all had that experience – where there is something that appears in the negative but not in the print, and attribute it to the ghostly mysteries that somehow and by mistake captured the supernatural world otherwise banished from this day and age?

The romantic world of the unknown has now vanished, along with the negative of a photograph; now, we are left with the virtual reality of a mundane universe, with nothing left for our imaginations.  For, the negative of a photograph is the mystery itself that always spurred us onward and upward, trying always to achieve the next level of accomplishment.

For the Federal employee and U.S. Postal worker who suffers 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 positional duties, the concept of the negative of a photograph should be quite familiar; for, once upon a time, that image beheld on that strip of plastic was the “real” you, preserved and retained for posterity as the valuable essence of a being otherwise forgotten.

Federal agencies and Postal facilities only care about the print that stays forever in the same pose and manner, unchangeable and forever identical.  The mere fact that a medical condition has “changed” a Federal or Postal employee is somehow rejected by the Federal agency and U.S. Postal Service, and that is why filing an effective Federal Disability Retirement application with the U.S. Office of Personnel Management becomes so important.

For, just like the negative of a photograph, it is the medical condition in its negative aspects that always seems to be the sole focus of the Federal or Postal facility in determining the worth of an individual.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: Those rare, insightful moments

Must it always reach the level of an epiphany, or may it be as a passing point of fluctuating comprehension?

Every now and then, it is like the proverbial entrance into a clearing amidst the darkness of a looming forest; of a light that shines into a chasm heretofore undiscovered; and in that flash of understanding, it is important to grasp it, to tackle the concept, to concretize and declare, lest it slip silently away like the silken tail of a snake slithering into the tall grass.  Or of a dream in the midst of a fitful sleep that reveals what the subconscious desires to tell but just so in a gentle twist, lest the naked truth in the full light of day may be too blunt for the sensibilities of an unvarnished purity wanting but for the fiction of a nightmare too horrifying to encounter in real life.

Is the fool in Shakespeare any less witless than the King who divides his empire among vampires who drain the life of a vibrant ego?  Do the words of the court jester that cuts like a knife through the clouded judgment lost in the garments of wealth and power, transcend the loss of comprehension by those who would see the Emperor’s clothes despite the insight of a child who sees the nakedness of truth?  Do we attribute to animals the identical accolades despite their lack of coherent utterances, when they emit sounds of alarm, engage reflexes of caution and take flight ahead of perceivable approaches to dangers hidden beyond?

Most of life is repetitive boredom, sprinkled with the dust of angels golden and shining as they fly above us in the invisible universe of heavenly orbs, and we rarely notice them but for the slight touch of their comforting robes as the wings disturb the calm air or a mischievous poke on that parting of hairs or the baldness unseen but from a singular perspective from atop; and it is in those rare, insightful moments that life becomes worth living because we clearly, unequivocally and with unmitigated resolve understand, comprehend and care.

Then, the world and its artificial constructs rush right back in to fill the void of monotony, and we carry on with the projects of life that detract and distract, forgetting again the beauty of that which we saw for a brief slice of time.  Thus, the numerous stories of those who briefly crossed the demarcation into the netherworld of death and beyond, but were brought back to “life” by medical specialists who wanted to do “good”, when even that perspective is, at best, questionable.

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, it is often the medical condition itself that compels one to have a moment of epiphany.  Perhaps that rare, insightful moment comes about when the pain becomes unbearable, or when the cognitive faculties become askew and mental clarity sees beyond into the netherworld of the future and its gloomy horizon.

Whatever the circumstances that monotony of chronic medical conditions forces, the realization that the Federal or Postal employee must by necessity prepare, formulate and file for Federal Disability Retirement benefits is one which cannot be avoided, any more than the angel who playfully shaves one side of our face in the twilight of dawn and leaves us wondering about those rare, insightful moments of life’s mysteries.

Sincerely,

Robert R. McGill, Esquire

Federal & Postal Disability Retirement: Life as a frown

Is most of life a frown, with a few smiles which make it all worthwhile?  Or is it perceived as its opposite – of predominantly smiles, with some frowns interspersed throughout?  Is that like the test-question for psychological health, of whether the glass is seen as half empty, or half filled?  Does the answer to the question depend upon the mood of the moment, the ethereal pattern of the day, or the fabric of that which is woven into our DNA by a matrix of unassailable conventions?  There is, to be sure, a weight of paradigms and an interwoven context which cumulatively aggregates into a “personality” of who one is; but can a Rorschach test unravel the depths of a psyche, or does it determine the course of one’s future actions because of the embedded nature of an anguished soul?

One wonders, ultimately, whether language is the conduit of the perception we possess, and that is why the Hindu guru or the Zen monk admonishes to seek silence, and to quell the obstacle of words and voices.  For, does an animal engage in unspeakable atrocities?  Of self-harm or self-immolation, or worse, of mass executions?  Is it not because of the conveyance of language, in communicating thoughts created and linguistic strings of previously-unimagined evils, that we reach the pinnacle of banality (to borrow a phrase from the Philosopher, Hannah Arendt)?  Would a man of such mediocrity as Eichmann have concocted the horrors of mass extermination, but for felicities directed by a conspiracy of greater evils?

Life as a frown; it is to approach the world with a certain perspective.  Life as a smile; it is to reproach the universe for being too downtrodden.  Is there a difference, or merely a play upon words where the distinction is lost once we wipe away the blur from our morning eyes and begin to engage in the work of the day?

Leisure is needed for the miscreant to employ the folly of a wasted day.  Time was that we all had to survive by physical toil, and worry involved how to eat in order to survive.  That is what consumes all of the rest of the Animal Kingdom; to survive, one must eat; to eat, one must toil; and the rest and residue leaves one too exhausted to consider, but for the technology of leisure where thoughts may invade and pervade, in order to create malevolent constructs of linguistic artifices.

For the Federal or Postal employee who suffers from a medical condition, such that the medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal positional duties, the “approach of life” is an easy matter to conceive of:  the medical condition itself has made the determination for you.  Life becomes a frown, with nary a smile to intercede, when the work of each day is beset with anguish, pain and sorrow.

Preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, actually has a constructive goal and purpose:  To alter the course of a future yet undetermined, and make life as a basket of smiles, to the extent possible in this universe of frowns.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The Linguistic Labyrinth

“Language is a labyrinth of paths.  You approach from one side and know your way around; you approach the same place from another side and no longer know your way about.”  #203, Philosophical Investigations, Ludwig Wittgenstein.  Life is never a static construct; those who consider it so, are sorely left behind when the winds of change suddenly fill the sails and the slumbering ship awakens with a groan to pull free of its moorings.

Left behind are the days when a person could count on the vocation of the parent, or of a career singular throughout.  Instead, the economy forces us to adapt and reconsider; new skills are needed, or old ones refined and readjusted.  And the feudal days when the kindness of the squire was tested where lameness or debilitating accidents incurred the wrath of life, are bygones of past initiatives thrown to the howling wolves of predatory eyes lurking behind to take advantage of every slight and weakness revealed.

Language is like that, too.  We think that schooling ends when the diploma is handed out, at whatever stage of advancement; but the reality is that the true test of self-initiative begins at that very moment, precisely because liberty allows the freedom to choose between vice or value, where the former is offered freely to the youth who has been released from the shackles of parental control.

For Federal employees and U.S. Postal Workers who find themselves in a position where a career move is necessitated by an unfortunate accident or onset of a medical condition, the truth of Wittgenstein, and of life lived in a world of complexities, comes to the fore.

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, is a difficult approach when the mandates of life’s ferocity coalesce in a tripartite convergence:  a medical condition; impact upon one’s ability to perform the essential elements of one’s positional duties with the Federal Agency or the U.S. Postal Service; and the need to secure one’s future in order to attain a level of financial stability.

The unknown labyrinth of language becomes a maze of confusion when the Federal or Postal employee encounters the legal eligibility requirements mandated by the U.S. Office of Personnel Management in order to overcome the obstacles and hurdles in an effort to obtain a Federal Disability Retirement annuity.

Throughout life, the Federal or Postal Worker has approached the path of language from one opening; now, he or she must enter the gates of a bureaucracy which requires expertise and knowledge of a completely different sort, and without the assistance of an attorney, you enter the labyrinth of the unknown at your own peril.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Federal Disability Retirement: Beyond mere contrivances

We learn at an early age to create a world of make-believe; of knights and princesses extracted not from the dungeons of the feudal world steeped in hunger, mass epidemic deaths and living conditions unfit even for the rats which lived and traveled freely in the underbelly of wealthy kings and courtesans, but from the literary imaginations of later dreamers.  Or of happiness couched in syllables of uncertain saliency, where we talk ourselves into believing that fairness is inherent in games of chance, that speeches make for belief, and what people do behind closed doors are for the privacy of minds and mindless chatter, not for public consumption before the vote is cast.

To be “real” is to open one’s self to the gates of hell; and in a society which relishes artificiality and antiseptic appearances where we are willing to poison ourselves in order to attain the pristine color of chemical green in the August wilt of lawns thirsting for a drop of rain, how can we expect empathy when we have all throughout our lives stamped out the reality of suffering which would foster such emotions?  Thus do we have to live, in the very bed which we have made.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition necessitates 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, it is all the more difficult to face the reality and to go beyond the mere contrivances of life.

Medical conditions have a way of slapping one squarely in the face of reality; it cannot be concealed, nor hidden behind the smiling face of genteel “hellos” and “how are you” artifices; the eyes tell all, and the hurting condemnation wrought by limps, squints and trembling hands, cannot but tell the story of impending doom.

How does the Federal agency or the U.S. Postal Service react in such situations?  Did the pristine lawn and ego of a prior promotion help to foster the feelings of care, concern and community of thought?

From birth to death, the life of contrivances has taught us well, and the reaping of that harvest of cold-heartedness reveals the underbelly of who we are.  And so, what is to be done?  For the Federal and Postal worker,  to prepare an effective Federal Disability Retirement application, in order to attain a level of security so one can move beyond the mere contrivances, and then to determine the next steps to regain a level of humanity perhaps lost and never to be returned, but at the very least, to try, and again, to try.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement through the U.S. Office of Personnel Management: Letting Go

Sometimes, it is the striving itself which has propelled the continuation of action without thought, constancy without interruption, deterioration without remedy, and life without living; and amidst the automatic pilot which has carried forth the daily treadmill of forward progression, one looks back and wonders, Where did the time go?  Where did the concept come from — of unmanned space flights, drones without onboard pilots and driverless cars?

Yet, we need only look at ourselves in the mirror, and realize that the reflection which looks back is merely an image which disappears when the eyes close, the lights are turned off, or we simply walk out from the room.  Who we are; the essence of our very make-up; the surface appearance which belies the core and centrality of the bundle which aggregates to define the whole; is it the effort, or merely the thrill of the trying, which compels the hunt?

Time passes, but we rarely notice; age comes upon us, and like that proverbial thief in the dead of night, the wrinkles form like caverns scraping at the earthen clay, forming ruts and ravages over evolutionary quietudes of moonlit shores.  We strive too hard.

For Federal employees and U.S. Postal workers who come to a point of recognition that all of the effort in the world will not save their jobs because of the medical condition which continues to deteriorate and impact one’s ability and capacity to perform the essential elements of the positional duties empowered, the necessity and realization of 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, may come at different times, alternate phases, and indiscriminate moments when least expected.

Time can be a friend for medical conditions, but when the treadmill of striving takes us nowhere, the moment may have passed, and long since left us, beyond the period when we should have already filed.  Doctors have already spoken; friends have already warned; and family members have shared their concerns well beyond intrusion of courtesy.  Letting go of one’s past glories is often the hardest part of the process, but let go we must, and begin to prepare, formulate and file for Federal or Postal Disability Retirement benefits through OPM.

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