OPM Medical Retirement: Life’s mortgage

We all know well the concept behind it – of borrowing against the object itself, in order to “half-possess”, occupy and enjoy it presently against a future promise that it will be paid over an incremental period of time.  Sort of like life itself, or at least of one’s health.  Borrowed time; life’s mortgage; banking on a better tomorrow; relying upon a promise being kept based upon today’s favorable circumstances over a lengthy period of time well into a future we can never be certain about.

Yet, because the collateral is the object itself – normally, the house that is being mortgaged – the loaning institution actually doesn’t take any gamble at all, even if the value of the collateral plunges below the agreed-upon amount to be paid; one is still obligated, no matter what.

It is sort of like life’s challenge itself – of the promise of a promising life based upon an anticipated health that will last until the day when one is suddenly gone.  But life doesn’t always work that way, just as the mortgage, lien and promise of financial growth doesn’t quite always fold out as planned, like the scrolled blueprint that keeps trying to roll back into an obscured cylinder with each attempt to lay it flat.

Sickness occurs; health deteriorates; the 30-year mortgage that was promised at the onset of the contract signed doesn’t unfold as anticipated, and sometimes a default occurs – like the health that deteriorates and the career that must be ended.

Federal Disability Retirement is a benefit accorded to all Federal and Postal employees under FERS, CSRS or CSRS Offset, based upon the idea that recognizes that while a long-term commitment to a career is reasonably anticipated, there are instances where such a commitment may need to be modified in the event of failing health.  Unlike the bank’s position in a mortgage-relationship as lender-to-borrower, however, it is not quite all that one-sided.  There are options still open.

Thus, because Federal Disability Retirement requires only that a person be unable to perform one or more of the essential elements of one’s position being occupied, the Federal or Postal employee is allowed to go out into the private sector and work at a job somewhat dissimilar (so long as there are “essential elements” which are not identical to the former Federal or Postal position), and make up to 80% of what the former Federal or Postal job pays currently.

For, in the end, life’s mortgage is unlike the home mortgage where the lender holds all of the proverbial cards; at least for the former, the great thing is that the reliance is upon the capacity of man’s ability, and not upon the fine print hidden within the banker’s contract.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Lawyer: Reality, perspective & medical condition

Reality is the existence of Being; perspective, the Kantian structures of how we see things; and a medical condition is that intervening, interrupting and corroding event that may render the first and second of this tripartite concept into a skewering of prospects.

Of course, a medical condition impacts the reality of a situation, especially a person’s ability, capacity and initiative towards a goal, and further, one’s perspective may become completely altered as a result of the event –priorities may change, the goals one has may be pared back, and even the enthusiasm towards certain things may become modified.  That is why a medical condition is sometimes considered a “game changer” in the reality and perspective of one’s life.

Life is full of bumps and bridges; of trespasses and rightful directions; and even of encounters with empathy, love and kindness; and though the reality of one’s situation may often appear that any perspective other than one seen through the eyes of meanness, cruelty and hardened hearts is merely a child’s dream of a fantasyland long passed and forever extinguished, there are still times of joy to look forward to, moments of smiles and days of sunshine left.

A medical condition is often a dark cloud, but a proper perspective on the reality of that darkness needs to be gathered.

For the Federal employee and U.S. Postal worker who sees nothing but turmoil, disaster and progressive deterioration because of the medical condition that prevents the Federal or Postal worker from performing one or more of the essential elements of one’s job, 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 lend the Federal or Postal employee a different perspective on the reality of one’s situation.

No, filing an OPM Disability Retirement application will not be the answer to all of reality’s problems, but it may change one’s perspective as to the dark cloud that has gathered upon the reality of that medical condition that won’t seem to go away.

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: Living beyond chance

Perhaps we engaged in it as children: making sure to skip over the jagged cracks in the sidewalk; turning suddenly in the opposite direction, believing that fate and determinism would be defied if an unexpected act were to be embraced; and later, the purchase of a lottery ticket, or to become more seriously addicted to gambling.

Chance provides the thrill of the unknown; but it need not rise to the level of daily obsessions in order to be caught in the delicate web of its enchantments; indeed, in fantasizing daily for circumstances to alter, becoming lost in daydreams of living a different life, or imagining subconsciously of occupying another, we surrender ourselves to the nirvana of chance and the enticement of make-believe, leaving us forever in the neutral rut of illicit anticipations never to be realized.

But problems rarely just go away on their own; and no matter what the chances are that fate and karma coincide to provide alternate universes of better circumstances, it is ultimately the affirmative will of the individual which makes the difference before the now and the moment thereafter.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s Federal or Postal job, the intransigent situation of waiting for the Federal agency or the U.S. Postal Service to “act” in either accommodating the Federal or Postal employee’s medical condition, or to otherwise do something positive to resolve a hostile work environment ongoing because of the medical condition and the deterioration of one’s health, is to leave one’s circumstances to the winds of chance.

It must be by the affirmative steps taken by the Federal or Postal employee, to force the issue, and begin the process of preparing, formulating and filing an effective Federal OPM Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, that “things” actually happen.

The fickleness of chance should be left behind, like childhood notions of gnomes hiding behind green hamlets of dream-filled universes; for the ugliness of the adult’s world requires us to live beyond chance, and the future depends upon awakening from that warm and cozy slumber of fate determined by avoidance.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Delaying the Inevitable

Projection of future events, anticipation of coming circumstances, and rumination upon conflicts yet to occur; these are very human experiences beyond mere base anxieties.  Other primates may recognize and prepare to react to events about to develop, but the wide spectrum of time between the current state of affairs, and the projected future event, is perhaps the most telling factor in differentiating the complexity of human beings from other animals.

It is precisely because of this capacity to foretell, and thereby choose to forego, that we often allow for troubles to exponentially quantify, despite out own self-knowledge as to what is in our own best interests.  Perhaps that, too, is a telltale sign of complexity:  the ability to do that which is against one’s own egocentric universe.

For Federal employees and U.S. Postal workers who suffer 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, the recognition that current circumstances cannot last forever, or even for very much longer, occurs fairly early on.

Is it the fear of actually acknowledging the truth of the inevitable?  Or, perhaps, merely a prayerful hope that things will change, that the next doctor’s visit will further enlighten, or that the medication prescribed, the surgery noted, and the therapy scheduled, will somehow improve such that one can continue to perform the essential elements of one’s Federal or Postal job?

Medical conditions, however, have a blunt and honest way of informing; it is not like a whisper or a winter’s cold which nags for a few days; the former can be clarified by asking to speak louder; the latter can be attended to by rest and a generous infusion of liquids.  But a medical condition?  It is that stressor in life where, despite out best efforts to ignore or wish away, the reality of its existence portends of our vulnerability and our fragile nature.

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, is often the next, and inevitable step, towards securing a better tomorrow.  It is that “tomorrow” which cannot be delayed for too long, and despite the greater nature of our souls in hoping for a brighter future, the truth is that delaying the inevitable does nothing to stop the rotation of the earth on its axis; it merely fools the fool who foolishly fails to fully follow the path away from folly.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government: The Run

Stockings and watercolors do it; time, with quietude and solace of a steady march, moving with predictable sequence like the consistency of a drumbeat; and, of course, the rhythm reminiscent of cardiac health, as do joggers and concerned citizens chasing down a purse snatcher to retrieve a possession of identity.  And life, too.

Sometimes, there is a good “run” of something — a lengthy period of calm and productivity, where all of the pistons of a complex and interactive mechanism akin to a turbo engine are firing away in tandem, and life is good, fruitful and positive.  But the inevitability of a breakdown can always be around the proverbial corner; a medical condition, suffered by a Federal or Postal employee, is not merely a stoppage of such a “run”, but can be a disruptive cacophony of ceaseless interruptions, both to career and to personal contentment.

The key is to get beyond, over, or around the obstacle which lands in the middle of one’s pathway for future well-being.  The child who fails to see the watercolors running; the invention of the stockings that never run; the life that seemingly runs smoothly; all, a perspective wrought at a price of neglect or deliberate ruse.  The fact is, life always has interruptions.

A medical condition can be a major one, and when it begins to prevent one from performing one or more of the essential elements of one’s positional duties, the Federal or Postal employee under FERS, CSRS or CSRS Offset may need to consider an alternate course and begin anew a run of a different sort.

Filing for Federal Disability Retirement benefits is indeed a change of course.  It involves a complex bureaucratic strategy to get from point A to destination B, and the administrative obstacles are many, but not insurmountable.  And, like the verb itself, it provides many meanings for differing circumstances, but the one and central root of the process involves embracing the paradigm that life is never as easy as one thinks, and like the child who believes that he is the next Picasso in training, the run of the unpredictable always betrays the truth of our condition.

Sincerely,

Robert R. McGill, Esquire