FERS & CSRS Disability Retirement: Making the Legal Argument

Legal arguments are merely a subset of ordinary ones; as variations of the facetious quip goes, if the facts are not on the lawyer’s side, then he will argue the law; if the law is not, he will argue the facts; if neither, then he will attempt to confound and obfuscate both.

By sequence of logical argumentation, it is self-evident that “facts” must be the first order of presentation; then, persuasive discussions concerning those facts, forming and molding a given perspective (for there is surely a distinction to be made between that which “is” and that which “is seen” by a particular individual, bringing in the subjective component of interpretation and conveyance of information); and only after the facts have bespoken should persuasive efforts follow; and then, the legal argument to be made.

Thereafter, the question of how aggressive a legal argument; of pounding like a hammer, or the subtle tap of the constant but insistent drumbeat, guiding the listener with a roadmap as to why a decision should be made pursuant to persuasive force, or threats of further legal action.

For the Federal and Postal worker who is trying to have a Federal Disability Retirement application approved, the art of persuasion, the effective use of legal argumentation, and the delineation of factual roadmaps must be coordinated with the utmost of care.  Administrative processes are often replete with frustrating procedures to follow, and it is a dangerous endeavor to allow for one’s frustration to erupt when dealing with a bureaucracy which is rarely responsive, and normally unaffected by the most dire of circumstances.

Thus, in sequence of logical argumentation: The facts as portrayed in as objective a manner as possible; the interpretation of the facts, such that the subjective perspective is insightfully applied, but without the overuse of the “I’ or “me”; argumentation; then, and only then, the applicability of the law.

Federal Disability Retirement is a benefit offered to all Federal and Postal employees who meet the minimum eligibility requirements of time in Federal Service, age and a level of medical evidence which must be carefully and thoughtfully presented.

As such, for the Federal or Postal worker who intends on filing for the benefit of OPM Disability Retirement, whether under FERS, CSRS or CSRS-Offset, the art of factual and legal argumentation must be presented with persuasive force, often like the slow dripping of an unconstrained faucet, as opposed to the break of a dam.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: Game Changers

Often, it is not the substantive material submitted, but the approach to an endeavor which alters the character of an encounter, and results in victory by acceptance and submission, in contradistinction to victory and defeat.  Such is the essential difference between the games of chess and of Go — the latter, originating in ancient China some 2,500 years ago, and employing a strategy of subtle surroundings, rarely including a direct frontal assault.  The Game of Go requires a perspective of the whole; and while (like chess) anticipation of future moves can help, it is the last move in relation to the whole of all prior moves, which will determine the future success.

With this, there is a parallelism with Federal and Postal workers who suffer from a medical condition, such that the medical condition impacts one’s ability and capacity to perform all of the essential elements of one’s Federal or Postal job.  As in the Game of Go, it is the past which has brought one to the present circumstances; one’s future will be determined by how one approaches what is occurring in the current presentation of the board.

The battle against the medical condition itself may have taken many years; such is the nature of battling the subtleties of a medical condition, where much of it involves bearing the pain, remaining quiet through turmoils, and attempting to silently pass through life unnoticed.  But as with the Game of Go, a critical juncture arrives, where the wrong move will determine the future course of territories lost, or gained.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS-Offset, is often the critical point of departure for the Federal or Postal worker suffering from a medical condition and finding the need to separate and find that plateau of places where rehabilitation for the future becomes a necessity.

Future security depends upon moves made in the present; present strategies are based upon grounds gained or lost depending upon past moves; and recognizing that now is the time to prepare for the future, is the first step, both for the Federal and Postal worker needing to file for OPM Disability Retirement benefits, as well as for the player who dares to master the Game of Go.

Sincerely,

Robert R. McGill, Esquire

Different Perspectives during Federal Disability Retirement Process

Inform an individual that you suffer from Hansen’s Disease, and one might get a benign reaction, perhaps a blank stare. Convey to the same individual that you have contracted leprosy, and it is likely to evoke an expression of revulsion, and perhaps a discomfort bordering on flight.

What we say; how we say it; the social stigmas attached; and the cultural sensibilities and conditionings constraining how we become predisposed to act and react, are often determined by the perspectives which are brought to the fore.  Leprosy is the common term for Hansen’s Disease, but with it, an entire historical perspective replete with stigmas and tales and images of disfigured and contorted features and physical characteristics surround the former term, but rarely accompany the latter.

Whether and however termed, it remains one and the same. For an individual who suffers from a disability or handicap, society’s reaction similarly remains consistent and uncaring. And while laws and regulations may provide a semblance of minimally protective measures, it cannot prevent individual insensitivities from surfacing.

For Federal employees and Postal workers who need to file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal worker is under FERS or CSRS, the reaction of one’s agency or department is often tantamount to informing them of either contracting leprosy, or of Hansen’s Disease.

Normally, unless a compelling reason exists otherwise, such information should be limited, and restrictively revealed only when the necessity arises, precisely because of the type of reaction one can expect from the agency or the U.S. Postal Service.

Perspectives differ; differing perspectives may often surprise; but the one similarity abounding in human nature is not too different from the beastly perspective from whence we came; and that is of the herd instinct targeting the weakest and most vulnerable — in this case, the Federal and Postal employee who suffers from a medical condition, and who must consider filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement from the U.S. Office of Personnel Management: Expunging the Chatter of Irrelevance

The bombardment of information is a constant and persistent drone; what constitutes newsworthy items, priority of information, and sifting through the quantitative morass of irrelevance, is a daily toil which requires expenditure of human stamina and sheer will power which grinds and depletes the soul of needed quietude.

This is a complex world.  The blare and glare of “relevant” information fights for our attention daily, if not every minute of each hour; if not every second and fraction thereof; and sometime in the recent past, the accepted bifurcation between news, entertainment, and personal opinion no longer followed the conventional pathway of self-evident declarations, and it became the norm to cross the boundaries of propriety.

Now, it is up to each individual to unravel the composite fictions created by the quantitative juggernaut of information overload. Information is there for the public; that is a good thing.  But to recognize and divide relevant information from the chatter of irrelevance — that is the key to maintaining one’s sanity.

For Federal and Postal employees who are contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether one is under FERS or CSRS, the tripartite pressure of information overload confronts one with an unavoidable immediacy: Trying to maintain one’s job while simultaneously fending off any adverse actions from the agency; trying to prepare a Federal Disability Retirement application without undue dissemination of sensitive medical information to those not necessary to the process, and thus attempting to retain a certain level of privacy; and trying to find relevant information from the vast storage of quantitative overload, and sifting it down to that which is relevant, as opposed to the chatter of irrelevance.

The chatter of irrelevance, quite simply defined, is that which makes a lot of noise, but is substantively devoid of useful content.

Compare, contrast, and analyze; but in the end, the age-old merchant’s adage of “buyer, beware,” should still be applied when accepting information for such an important step as preparing, formulating, and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal Worker is under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement Benefits for US Government Employees: Frameworks

To be successful in any endeavor, one must identify the relevant issues, sift through and discard the peripheral contents, and maintain a thematic thread throughout in order to keep the focus upon the essence of the project. Anyone who has attended a meeting which lacks a subject-matter focus, and where a free-for-all is allowed, without a circumscribed set of agendas, can attest to the importance of setting priorities and understanding the difference between points of significance and irrelevant detractions.

Frames are important, and sometimes as much as the painting itself.  For, art is merely a slice of the greater exposure to life, and it is the frame which distinguishes that parcel of perspective and allows the viewer to participate in a moment of time and a pause for reflection.  For the Federal or Postal Worker who is contemplating filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important to provide a “roadmap” to OPM, and thus circumscribe the framework of the relevant attachments, medical and legal issues to be evaluated, and the pathway to resolutions preemptively proposed.

Thus, the three tiers of an effective framework should include: (1) A clear and concise Statement of Disability (here, one must be careful because of the legal consequences of failing to include and fully describe the medical conditions), (2) A reference to the relevancy of the attached documents which support the statement, and (3) the pertinent legal foundations which are satisfied by the first two tiers.

He who frames the picture has the power to direct the viewer’s perspective; for, it is the frame which enhances the content of the artistry, and directs the appreciation to an irrelevant empty sky in a schematically unimportant corner of the painting, or to the central theme where the brilliance of bursting colors explode forth in magnificent reflections of a masterpiece’s slice of life.

Sincerely,

Robert R. McGill, Esquire

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