Columbus Day 2022

Whether as Columbus Day or as Indigenous Peoples’ Day, it is an official day off for Federal and Postal employees.  Does it matter what and how we ascribe it?  It has been many centuries since the voyage of Columbus; each child born today, and for many centuries past, can hardly be blamed for the ill-deeds of past generations.

That being said — if we are blameless — is it merely in the beliefs to which we identify, which marks the differences between us?  Certainly, for a Native American, it is irritating to hear someone claim that “such and such discovered America”; for, by definition, a land already inhabited cannot claim to have been discovered except by the inhabitants themselves.

But the argument is that the present society into which people are currently born, cannot possibly be blamed for the genocidal extermination of its indigenous peoples; and so, what can it mean as to whether or not one calls it “Columbus Day” or “Indigenous Peoples’ Day”?

The counter to that, of course, is that the reservations into which Native Americans were forced to accept, still reverberates with current loss of water rights, mineral rights, etc., and is a constant reminder of what was lost.  And it may be of some restoration of dignity to insist upon historical accuracy, where insistent inaccuracy is the basis for acrimonious inter-cultural relationships.

Yet, in this Post-Factual Universe where the Western approach of the Correspondence Theory of Truth once prevailed but no longer dominates, is there even a difference with a distinction?

For most, where the meaningful divide is between those who are overworked, barely able to make a living, and are stressed to their limits — which constitute the greater majority of individuals — and those who live a fairly carefree life of leisure (the greater minority of people), the fact of a day off, whatever you want to call it, is what seems to mean anything.

And for Federal employees and U.S. Postal workers who can enjoy the day to spend with their families and loved ones, Happy Columbus Day and Happy Indigenous Peoples’ Day, 2022.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

FERS Medical Retirement: The Adversarial System

Commentators often note the proportional imbalance reflected by the number of lawyers in this country.  Is it s good thing?

One can argue (yes, the irony cannot be avoided, that we begin with an “argument” when discussing the “adversarial” system), of course, that the number of lawyers merely reflects the origin of Western Society — for, isn’t the foundation of Western Civilization based upon Greek Philosophy?  Specifically, isn’t the foundation of intellectual endeavors founded upon the “Socratic Method”, which is the precursor of legal argumentation?

The Adversarial System, at its core, is a dialectical methodology of attempting to arrive at “Truth” — or so it is supposedly intended.  In a vacuum, that is the context of the system; in truth (yes, that age-old irony, again), because there is involved human emotions, underlying subterfuges of intent, the pure “competitive” desire to sin, and the sheer motivation of simply wanting to defeat the other side — in the end, what the adversarial system lacks, in most instances, is the exact counterpoint and self-contradiction of the necessary context in order to make it work: Civility.

The Adversarial System, without the outer clothing of civility, merely becomes reduced to linguistic battle.  But that is the system which we are left with when — over decades and even centuries — the natural course of every and any legal system becomes barren with the coarseness of its skeletal foundations.

For Federal employees and U.S. Postal Service workers who need to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, under FERS, don’t get fooled by the admonition that this is merely an “administrative process”, and that OPM is merely an “umpire” to make sure that you have met the statutory criteria for eligibility for Federal Disability Retirement.

To be sure — even umpires don’t just call “balls and strikes”, but get into heated arguments with the players and, similarly, OPM is just as much a part of the adversarial system as in any other legal process.

Contact a FERS Medical Retirement Lawyer, that is, a legal expert who specializes in Federal Disability Retirement Law, and make sure that you have acquired the necessary arsenal to win the battle in this adversarial system of preparing, formulating and filing an effective application for FERS Disability Retirement benefits through the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

Federal OPM Disability Retirement Law under FERS: Humming Along

Or, perhaps a person who is “whistling along”; either way, it is an indication of contentment.  People don’t even seem to have the time to “hum along”, anymore.  One doesn’t do that on Social Media; there is never any time on Zoom; and when there is ever an encounter in a public place, everyone is too busy and in a rush to be “humming along”.

And so the phrase is left as a metaphorical anomaly — of a life in contented fashion, a sense of self-satisfaction which is rarely seen these days.  It was perhaps also a concept applied to a well-oiled engine — of a vehicle “humming along”, indicating that all mechanical elements were working properly, and there was no fear of a sudden breakdown.

We can “hum along” in life; where things are going fairly smoothly; there is a sense of contentment, and even moments of “happiness” as a byproduct of our accomplishments.  Medical conditions, of course, can disrupt that characterization; it is an unfortunate but very human element which impacts everyone’s life.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition is interrupting and impeding the “humming along” scenario, contact an OPM Medical Attorney who specializes in FERS Disability Retirement Law.

Humming along is a state of being; a medical condition can interfere with that sense of contentment; and where the collision occurs between one’s ability and capacity to continue in one’s Federal or Postal career, it may be time to consider preparing, formulating and filing an effective Federal Disability Retirement application under FERS.

Sincerely,

Robert R. McGill, Lawyer

 

Federal & Postal Employee Disability Retirement: The Stress of a Medical Condition

It may well be that the stress of modern life is the cause and origin of many medical conditions — although one may never be able to “prove” a direct causal link between the two.  Yet, we all know intuitively that the way in which we live is unhealthy and contributes, exacerbates and — if not “causes” — certainly impacts upon our health in negative ways.

Then, of course, when a person is beset with a medical condition, the stress of the medical condition itself further debilitates us: The stress of not being able to work; the stress that is placed on our finances; the stress that is placed by further worries and heightened anxieties.

It is the classic “vicious circle” and the catch-22: We need the time to allow the body and mind to heal, but cannot afford such time, and so we aggravate the medical condition and allow the stress of a medical condition to make things worse — into a never-ceasing struggle of stress and debilitating existence.

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 the essential elements of one’s Federal or Postal job, contact an OPM Disability Attorney who specializes in Federal Disability Retirement Law, and consider stepping outside of the vicious cycle of allowing for the stress of a medical condition to create a circular anomaly of self-destructive inevitability.

Sincerely,

Robert R. McGill, Lawyer

 

Federal Disability Retirement Benefits: Sacrifices

We all make them; well, perhaps there are some few in the world who never do, and it certainly reflects upon them quite noticeably.  People who don’t sacrifice their own personal interests, at some point in their lives, have a tendency towards selfish behavior, self-centered egotism and a callous disregard for others.  They lack empathy — a quality which is valued in most societies.

During this time of global illnesses and a pandemic which has wreaked havoc upon the livelihoods of countless individuals and businesses, the sacrifices which have endured are innumerable.  Social isolation; being prevented from operating one’s business; of complying with a state’s mandate in a “lock-down” mode; of living amidst fear of an invisible enemy of uncertain mutational capabilities; these, and so much more, have been testing the mettle and extent of sacrifices and the willingness of a society to endure such calls for society’s greater good.

For Federal and Postal employees 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, “sacrifices” is a familiar term.

It is nothing new for the Federal or Postal employee who suffers from a medical condition to sacrifice one’s health in the name of, and for the sake of, furthering the “mission” of the Federal Agency or the Postal Service.  But at some point, one must look after one’s own health and self-interest, and preparing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, becomes a necessity.

Consult with an Attorney who specializes in Federal Disability Retirement Law today, and see what sacrifices may still have to be made before you can medically retire.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Government Employees: Lying

It is a peculiarly human endeavor, not known to be prevalent — if in existence, at all — in other species of the animal kingdom.  Shakespeare references it often; criminal behavior is detected within the web of it; and in everyday life, half of the population in courtrooms across the world engage in it; or, is that fair?  Can it be that there are “differing perspectives” or “alternative truths” (the lexicon of modernity)?

For instance, when an eye witness to an event swears under penalty of perjury that “I saw X stab Y” when, in a closed-circuit video replay, it clearly shows that it was Y who stabbed X — is the “eye witness” lying?  Is being mistaken the same as lying?  Or is it good enough that the prefatory qualifier of “I saw” enough to justify the mistaken encapsulation of an event having occurred?

Does intention matter?  Does it make a difference if, prior to making the statement under oath, revenge was a factor in one’s motive?  What if the eye-witness said to her/himself prior to taking the stand, “I’ll get X back for being mean to me by testifying that he stabbed Y first before getting stabbed himself”?

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 often the case that — unfortunately — lying abounds when it comes to others in the agency filling out the Agency’s portion of a Federal Disability Retirement application.  Whether in stating that the Agency tried everything they could do in their power to “accommodate” a person — when the truth is, they did nothing and didn’t care to do anything — it is unfortunately a pervasive fact of life in the kingdom of man.

We are a species with a proclivity for lying, and the best we can do is to counter our own proclivities by trying to present the truth in as strong a light as possible.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: The fallacy of just-ology

It is the manner in which we dismiss the relevant, the attitude of minimizing and the conduct of our nature in modernity; just-ology is the capacity to turn one’s back upon something and dismissively wave a hand and declare, “Oh, it’s just___”.  It’s just a minor set-back; it’s just X being X; it’s just a passing phase; it is just….

The mindset itself is one that can incrementally, insidiously creep beneath the surface of what we actually believe; for, the word itself — ‘just’ – is a peculiarly insignificant word, and one that is surreptitiously inserted amongst other words, concepts, hidden between phrases and carelessly dropped between lines of greater thoughts.  As an adjective, it connotes the moral compass of a person or society; as an adverb, it often implies precision or exactness; but in common, everyday usage, it is that word which minimizes, limits and casts away into the garbage heap of irrelevance.

It is precisely by the exactness of defining something so narrowly that the precision itself makes it irrelevant.  It “puts X into its proper place” by defining it “just” so.  Precision is good; precision for accuracy’s sake is even better; but when precision minimizes to the extent of insignificance, it can be misleading.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition for many years just won’t go way, and just keeps getting worse, and just continues to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, it just may be time to begin 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.  Just in case.

Sincerely,

Robert R. McGill, Esquire

 

Attorney for Federal Disability Retirement claims: Impediments

There is always something in the way, isn’t there?  That’s one of life’s paramount rules, a presumptive nuisance, an annoyance that hinders and obstructs.  It is one of those “laws” that we all laugh about, whether Murphy’s or some uncle who visits and has the talent to always put a damper on things; or maybe it is just a trite truism of life that cannot ever be avoided.

You can come up with the greatest idea in the universe, and best of dreams that are about to come true — and then the “it” comes upon the scene.  Impediments represent the spoiler that dampens the soul, treads upon the glory of an anticipated morning’s future, and follows us with the proverbial dark clouds or like pig-pen’s constant swirl of dirt and grime.

You excitedly share your dreams and hopes, speaking quickly and with urgency of youth, enthusiasm or an admixture of both; and you get the tepid response of, “Aw, it’ll never work.”  Or, you believe you have uncovered the key to life’s success, come running home — to parents who have endured a lifetime of disappointments or to a spouse who has just been taking care of 3 boisterous children — open the door with a stupid smile, start to relate your great insight, and you are told: “Great. Now, will you please take out the garbage?”

Impediments are the lifeline to reality’s check upon our own foolhardiness; or, for the eternal optimist, they reflect the greater challenge that tests our skills in gauging our sincerity, endurance, integrity and reliability.

Medical conditions constitute such an impediment.  We take such things as health and the daily ability to get up in the morning, take a shower and go to work — those ordinary things in life that we all presume everyone the world over does in a similar fashion — for granted.  But then that horrid and feared “medical condition” creeps up on us, and suddenly we cannot do those things we once never even thought about, and it is that impediment that begins to gnaw away at one’s soul.

For the Federal employee or U.S. Postal worker who has experienced not only the impediment of the medical condition itself, but the greater hindrance from the manner in which the Federal agency or the U.S. Postal Service has begun in their campaign of harassment and intimidation, preparing 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 often the best pathway around the impediment.

No, it may not be a brilliant idea, and nor even a greater insight than what the ordinary ho-hum person may come up with when confronted with the same or similar situation.  But maybe it was never meant to be — and that those brilliant ideas can come about after the approval received from the U.S. Office of Personnel Management, when the Federal or Postal employee has less worries about one’s future, and then you can expend your energies coming up with ideas to save the planet, become the next Einstein, or just plainly have the time to take out the garbage.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Frustrated Purposes

The linear attempt is the methodology of direct purpose; it is the measurement of length — of a straight line from point A to point B, of a one-dimensional character.  Any obstacle placed in its path represents a frustration of that purpose, and merely delays and obfuscates the attempt to accomplish a stated goal.

How to ad lib in circumstances where obstacles appear; the consideration of options and alternatives in the face of detours and unexpected deterrences; what malleability of core values must be shown when necessity arises; these are all challenges within a universe of expectations otherwise untested.

The hardest of these, of course, relates to deliberate attempts by outside forces to frustrate one’s purposes — whether by other people, coworkers, Supervisors, Managers, or perhaps even the microcosmic body politic of an organization or entity as a whole; or by circumstances otherwise unexpected, like a medical condition.  It is bad enough for one or the other to be the sole cause of turmoil; when both conspire jointly, they become a source of angst and agony.

For the Federal employee and U.S. Postal worker who suffers from a medical condition, such that the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s positional duties in the Federal job or Postal position, it is that fight against both fronts simultaneously which becomes unbearable.

Not only must the Federal employee or the U.S. Postal worker contend against the challenges of the deteriorating medical condition, but concurrently, at every turn, the Federal agency or the U.S. Postal Service works day and night to seemingly frustrate the sincere attempts of the Federal employee or the U.S. Postal worker to return to a level of functionality such that the positional duties may be fulfilled and satisfactorily completed.

Thus does 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, become an important consideration in the delayed destination of frustrated purposes.

That linear sight of myopic perspective — of a career of accomplishments set over a lifetime, with retirement as a byproduct in a future destination and contribution to society as the groundwork of contentment — must be allowed to swerve, overcome and become a series of schizophrenic lines of zig-zagging spectrums, lest the frustration of purposes defeat the need to file for Federal Disability Retirement benefits from OPM.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The Peril of Bypassing Process

Efficiency negates process naturally; or, if not in pure extinguishment, a progressive curtailing of the methodology of reaching from initiation Point A to finality of journey at Point B.  Additionally, when American Pragmatism combined with capitalism of the tallest order sets about to attain the greatest return in the shortest time possible, with minimizing effort and curtailing human toil, it is the end-product which is the focus, and the profit to be gained.

Relational interaction is thus cast aside; craftsmanship, the care of an artisan, and the sense of community abiding in the very linear compendium of efforts expended — they no longer matter.  That was the essence of Marx’s complaint — that the disaffected worker no longer possessed any connection to the product of his or her toil, and the separation from process resulted in the alienation of meaning.  It is, indeed, a perilous journey to forego the process; for, “how one does something” is inextricably tied with “how well one does it”.

As process is the means to get to the result, so shortening the time, length of effort and expenditure of resources, is the natural inclination, and defines that for which American efficiency has been universally praised.  For bureaucratic and administrative matters, however, it may just not be possible to curtail the conditions of one’s journey.

Thus, for Federal employees and U.S. Postal workers who need to file 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 desire to short-circuit the process and to forego the patience needed in order to survive the bureaucratic morass of one’s own Federal agency or the U.S. Postal Service, then the requisite wait at OPM, is often a painful result unhappily faced and unpreparedly encountered.

Bureaucracy by definition finds its purpose for existence in the very complexities of its own creation.  Filing for Federal Disability Retirement under FERS or CSRS is a process which cannot be curtailed, and any attempt to circumvent or otherwise alter the administrative and procedural content of the methodology of the journey itself, is done at the peril of the person who ponders such posturing of heretical penitence.

Sincerely,

Robert R. McGill, Esquire