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 Disability Retirement Benefits: The Commonplace

Without it, there would not be the extraordinary; or, at least we would not notice it.  For, if all of X is Y, then there is no distinction between X and Y and the identity of X would be subsumed by Y, and conversely, the identity of Y would lose its distinctive identification.  Similarly, if everything is nothing, then nothing is everything, and as negation is the dominant gene, nothingness would prevail (or some such logical nonsense as that).

It is precisely because of the commonplace that the extraordinary can be identified; and yet, we never applaud the former but exuberantly place accolades and laud the latter.  Of course, when the commonplace becomes extraordinary, that is when we yearn for it — as when our lives are disrupted and torn apart, as in the war in Ukraine.  We identify with it because we can relate to it — of a nation enjoying the commonplace, and suddenly it is gone and replaced by the extraordinary, where the term “extraordinary” is used to describe the indescribable.

For Federal employees and U.S. Postal Service 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, the commonplace of being healthy has now been replaced by the extraordinary of suffering from a medical condition, and it is because of this change that one’s “regular career” must now be replaced by a Federal Disability Retirement annuity under the Federal Employees Retirement System (FERS), through the U.S. Office of Personnel Management.

For, the commonplace (ability to continue as usual) is now the extraordinary (the effects from the medical condition itself), and the yearning for the commonplace is precisely because X has been subsumed by Y.

Contact a FERS Disability Attorney who specializes in Federal Disability Retirement Law, and get the commonplace back by replacing the extraordinary.

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 from OPM: Grasping at Straws

The etymology of the phrase comes either from Thomas More’s work, Dialogue of Comfort Against Tribulation (1534), or from a later work by Samuel Richardson — a novel entitled, Clarissa (1748).

The idiom itself is perhaps misinterpreted, as we think of “straws” as that plastic contraption (or, more recently, that environmentally-friendly one made of paper which begins to disintegrate the moment you take your first sip) created as a thin tube for soft drinks and the like.

“Straws”, in older times, however, refers to thin reeds which grow by the side of a river, and a man who is drowning may futilely grasps at such thin reeds in an attempt to save himself.  In today’s world, the idiom may imply an act or decision-making process, usually in a state of desperation, without sufficient knowledge or data, leading one to “grasp at straws” — entities which will not help you out of your state of desperation.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows you to perform all of the essential elements of your job, there is often a sense of “grasping at straws” as you flail about trying to retain the shambles of your career.

Conversely, the idiom may also apply at some of the illogical reasonings given by the U.S. Office of Personnel Management in denying a Federal Disability Retirement case — of “grasping at straws” to find a basis for denying a FERS Medical Retirement case.

In either case, it is important to contact a disability attorney who specializes in OPM Disability Retirement Law, and begin the process of grabbing onto the substantive basis of a Federal Disability Retirement case, and not allow for the futility of grasping at any straws along a fictional river where desperation should be left to myths, fairytales and idioms of old proverbs.

Sincerely,

Robert R. McGill
Lawyer specializing exclusively in Federal Disability Retirement Law

 

OPM Medical Disability Retirement under FERS: Messing Things Up

Can you mess things up without knowing it?  Absolutely.  Can you mess things up while knowing it?  Again, absolutely.

We have all been in that situation, haven’t we?  The latter context is always troubling — for, as we are engaged in the activity, we begin to have a sense that things are taking the proverbial “wrong turn”, and there is a growing, sinking feeling our involvement and participation in the endeavor plays a significant role in messing things up.

We begin to think up of excuses as to why what we did was less than harmful; we try and minimize our own ineptitude; we try and justify how it would have turned out that badly, anyway.  Or, as in the former context, our own ignorance allowed for the messing up of things and, while the period of ignorance delayed our knowledge (or lack thereof) concerning out active participation in messing things up, when we come to a point of knowledge, we suddenly realize that what we were doing (or not doing) played a major role in messing things up.

Filing a Federal Disability Retirement application under FERS can end up this way: Messing things up by not knowing what to do, what laws to comply with, what criteria needs to be met; or, messing things up by submitting too much information, etc.

To prevent this, contact an OPM Disability Retirement Lawyer who specializes in FERS Disability Retirement Law, and consider the consequences of messing things up.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: The Performance Appraisal

It is the system that we have created, a monster which cannot be slain, and the machine that cannot be turned off.  We learn it from an early age — good grades are the foundation for a successful future, and if a teacher has the audacity to give you a lesser grade than what you believe you deserve, call that teacher — harass him or her; file a complaint; heck, file a lawsuit.

In the Federal employment system, performance reviews are often given out like candies — and such reviews can come back to make it appear as if there is nothing wrong.  Managers and supervisors are reluctant to give a “less than fully successful” rating, lest a grievance be filed or a headache ensues; but for the person whose performance has been suffering because of a medical condition which has begun to impact a person’s ability and capacity to perform all of the essential elements of one’s Federal or Postal job, the reflection upon the record when a Federal Disability Retirement application has been filed may have to be dealt with.

The Office of Personnel Management tends to rely heavily — and unfairly — upon performance appraisals, but there is another legal standard which can be applied — that of incompatibility between one’s medical conditions and the positional elements of one’s job.

Consult with a Federal Disability Lawyer who specializes in FERS Medical Retirement Law and discuss the impact of one’s performance appraisal within the complex administrative procedure of preparing, formulating and filing an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire
OPM Medical Disability Attorney

 

FERS OPM Disability Retirement: Of Imprints in the Sand

They fade away quickly and become part of the landscape that once was; and when we try and grab a handful of sand and squeeze the collective grains within our closed fists, the finery of each pours from every crevice left open like the hourglass that counts the moments lost.  Whether by the winds that shift the dunes afar or the lapping waves which erases the imprints once boldly made, the residue of our existence by natural necessity fades and ultimately disappears.

Mortality for most is a scary thought; immortality, a dream and fantasy desired; and within the spectrum of the two extremes is the daily imprint in the sand of human existence.

During that brief moment of appearance upon the sands of our lives, we all have to make decisions both of major consequential effect and minor residual impact, on a daily basis.  Plans for the future; getting the day’s chores done; actions that may impact others; inaction that reverberates to others; and throughout each, the pause and hesitation that reflects indecision may be a further factor in the imprint upon the sand, whether of lasting impact or momentary indifference.

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, the imprint in the sand that has to be considered is:  Is continuation in this job and career possible? At what point should I file for Federal Disability Retirement? How will it impact my life, my finances, my ability to get a job in the future? And of imprints in the sand — will my decision have any consequences beyond the disappearance upon the dunes, any more than being separated from Federal Service or the Postal Service?

To understand the procedure, the impact and the residual consequences, consult with a Federal Disability Attorney who specializes in FERS Law, lest the imprints in the sand of one’s life becomes a permanent and irreversible mistake that cannot be reversed like the sands that slip within the hourglass of one’s life.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Benefits under FERS: Ballast for the soul

It is a plagiarized phrase, from a short story written by Brazil’s (often-considered) greatest writer, Machado de Assis.  It is that heavy material, where a large quantity of gravel, iron, metals, etc., placed low in a vessel in order to provide stability; the weight itself is what “grounds” the vessel so that the torrents of waves and storms of fury will not topple it.  Or, it can refer to the coarse gravel used in order to set railroad tracks, again allowing for stability of a foundation to prevent shifting, sinking or damaging movement.

When combined with the term, “the soul”, the concept created is one of conjoining the dual ideas of (a) providing a foundation with (b) an ungraspable concept of an entity that many believe does not even exist.  The “soul”, of course, is a controversial subject; for, it still remains from the vestiges of religious and philosophical discourses, and refers to an abiding entity that defies mortality, retains an identity beyond one’s physical appearance, and contains the essence of who a person is, whether in physical form or not.

Does the soul “need” a ballast?  Without it, does it merely flit about without duration or direction?

As a literary concept, it refers to the stability that individuals need in order to become more serious, more focused, and perhaps even more “mature”.  As a general idea, it comes to convey the concept of pragmatism and the need to be “grounded” in a universe where there exists so many beliefs, so many paths to get off course; and the dangers inherent in pulling people aside from living an authentic and fulfilling life are many, as evidenced by the number of wandering souls left to rot on the roadside of discarded souls.

What is the ballast for the soul?  Is it to be married and have a family?  Is it the immediate family one already has — or the extended one?  Or can a cadre of friends and one’s immediate neighbors provide the ballast for the soul?

For each individual, the answer to that question may differ and remain a mystery; but what is clear, mystery or not, is that the vicissitudes of life’s choices, without a ballast for the soul, are so numerous and of such great variety, that liberty of endless choices endangers the essence of every person. Health itself can be an unknown ballast; for, with it, we take for granted our ability to accomplish so many things in life; without it — when it is “lost” — we suddenly realize that the ballast of health can upend that which we took for granted — career; stability; sense of worth; sense of self.

For Federal employees and U.S. Postal workers whose ballast has been lost because of a medical condition, it may be time to prepare, formulate and file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.  Medical conditions are often the storms of life which topple the vessel once the foundation of stability has been robbed, and Federal Disability Retirement benefits can restore one’s sense of security such that a re-focusing upon the priority of health and well-being can be attained, so that the ballast for the soul can be reestablished in a world full of turmoil and tumult.

Sincerely,

Robert R. McGill, Esquire

 

OPM Retirement for Mental or Physical Incapacity: Except, in real life…

Isn’t that the refrain that dampens?  Whether for a child or a young adult who still possesses and retains the enthusiasm of the possible, we pour cold water upon such unfettered energy for the future yet undeclared by saying, “Except, in real life…”.  Of course, what is inserted to replace the ellipses is the clincher that determines the mood of the response.  Is it: “Except, in real life, that never happens.” Or — “Except, in real life, you’ll be broke and devastated.”

Why is it that the unspoken elongation implied by the ellipses must by necessity include a negative ending?  When have you ever heard, instead: “Except, in real life, it’s all the better!”  Is it because our creative imagination reaches far beyond what is possible in the stark reality of “real life”?

Is the universe imagined of greater potentiality than the reality of daily existence, and is that why the virtual reality of Social Media, “the Web”, interactive video games and the like are so sultry in their seductive pose — because they invite you into a world which promises greater positives than the discouraging reality of our existence in “real” time?  Is that what is the ultimate dystopian promise — a caustic alternative to Marx’s opium for the masses: not of religion, but of an alternative good that has been set up that not only promises good beyond the real good, but provides for good without consequences?

The problem is that, whatever alternative good or virtual reality that is purportedly set up to counter the reality of real time, is itself nothing more than “real life”.  It is just in our imagination that it exists as an alternative universe.  This brings up the issue of language games as espoused by Wittgenstein, as to the “reality” of an “objective world” as opposed to the one expounded by linguistic conveyances: Take the example of the blind man who has never flown a plane.  He (or she) can answer every aeronautical questions with as much technical accuracy as an experienced pilot. Query: Between the 2, is there a difference of experiencing “reality”?

For Wittgenstein, the answer is no.  Yet, the laughing cynic will ask the ultimate question: Who would you rather have as your pilot for the next flight — the blind man who has never “really flown” a plane, or the experienced pilot?

That becomes the clincher: “Except in real life…”.

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 employee from performing one or more of the essential elements of one’s Federal or Postal job, the tendency and proclivity towards taking a dim perspective of life can be overwhelming, especially when one is dealing with the debilitating consequences of a medical condition.

Yet, it is important to maintain a balance between the cynic’s world view (that the cup is always half empty) and the eternal optimist’s myopic standard that the glass is always half full.  “Except in real life,” doesn’t always favor the former; for the Federal employee who must go up against the behemoth of OPM in filing a Federal Disability Retirement application, “real life” is not necessarily the exception, but can be the rule of a successful outcome if you are guided by an experienced attorney.

Sincerely,

Robert R.McGill, Esquire

 

OPM Retirement for Medical Incapacity: The boxes in Standard Forms

For some forms, it is a convenience to have a restrictive, limited “box” in which to put the “x” into, or maybe the needed “Not Applicable”; others, however, try and contain a limited narrative and force succinctness into the standardization of answers.  That is all well and good, and perhaps from a bureaucratic standpoint and perspective, the conformity of forms and the mandatory “answers within a box” makes for streamlining of paperwork.

The reality, however, is that some questions cannot be answered — and more importantly, should not — within the proposed space allocated, and so you have two (2) choices: decrease the font size in order to fit a greater substance of the narrative within the provided box, or attach a continuation sheet despite no indication in the standard forms for allowance of such cheekiness of presumptuous creativity.

How does one identify which Standard Form should be prepared and completed within the confines of standardization, and which ones should not?   First, a conceptual identification should be applied: Which ones are merely “informational” that request only singular answers, and which forms make queries that compel for narrative answers?  Once that initial, identifying bifurcation is made, then the next step is to determine whether an adequate and sufficient response can be stated within the “box” provided within the font-size allowing for regular eyesight that does not require extraordinary magnification, or if a continuation sheet is necessary.

Thus, in a Federal Disability Retirement application, certain Standard Forms are merely informational — for example, the SF 3107 series which asks for basic, factual information.  Then, of course, there is the SF 3112 series, and especially SF 31112A, Applicant’s Statement of Disability.

For the Federal employee or the U.S. Postal worker under FERS, who is considering filing for Federal Disability Retirement benefits, the greater mistake has often been to quickly annotate within the boxes provided a swift “jotting down” of the medical conditions one “feels” — as if the body parts providing temporary sensations for a given day, or even the lack thereof, will sufficiently satisfy the eligibility requirements that must be met in order to become approved for a Federal Disability Retirement annuity.

Make no mistake about it: there can be dire legal consequences if SF 3112A is not completed properly and sufficiently.  And always remember the philosophical dictum: That which is necessary may not be necessarily sufficient, and that which is sufficient may not be sufficiently necessary.

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