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OPM Disability Retirement Law: Argumentation

Posted on October 2, 2017 by Federal Disability Retirement Attorney

What makes for a “good” argument?  Is it when voices are raised, or can a quietude of mere whispers that nevertheless persuades become the greater efficacy for effectiveness?  Does it matter “who” the person arguing is, as opposed the position taken, the logical connections made and the avoidance of fallacies left unstated?

Take the following hypothetical: A debate challenge is set between a champion debater, known throughout the country as a persuasive arbiter of words, phrases and posited language games, who encompasses the paradigm of the greater user of fallacies, linguistic tricks and ad hominem twists of convoluted word-play that confuse, obfuscate and confound – and a young teenager who is a son of a minister of whom everyone agrees is an upstanding citizen of the county, whose moral positions on matters reflects a character throughout a lifetime of “living what he preaches” (yes, yes, the cynic would say that that type of person is the one who, in his private life is likely the meanest SOB you ever knew, but let us set aside that ugly fact for the sake of this hypothetical).

The issue to be debated is, “Whether X is morally wrong” – you can fill in the blank represented by the X.  The champion debater stands before the stage and, for the next hour, wows everyone with his command of the logical innuendoes, the implied thrusts of linguistic balm, and rides through the treacherous seas of persuasive intercourse with such convincing force that people in the audience (assuming that there is even an audience for such an event, as this is no longer in some Podunk county in Illinois where the Lincoln-Douglas debates were held throughout multiple congressional districts, and of course, that was, in those days, a form of “entertainment” that no longer attracts) sat with trance-like looks of agreement, somewhat like modern-day zombies who have been brainwashed.

At the end of his discourse, everyone in unison shouted out, “We agree!” – even before the teenager had a chance to make his point and argue his side.  But, fairness being the arbiter of everything in life for modernity, the teenager stood up and was given a chance.  At stake is a 10 million dollar prize.  The nervous young lad steps before the audience and states simply, “Because my daddy says so!” The audience considers, nods in agreement, and makes their decision as to who “won” the debate.

Query: Does it matter who makes the argument, or is it the substance of the words delineated that make for a valid persuasion?  Can an argument about moral behavior be made just as effectively by a “good” person as opposed to a convicted felon?  If a person wants to argue that “stealing is bad”, does it make a difference whether the person giving such a lecture is a policeman in uniform, or a prison inmate spending time for grand larceny?

For Federal employees and U.S. Postal workers who are considering 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, always remember that there is a conceptual distinction with a real difference, between “having a medical condition” and “proving that the medical condition prevents one from performing one or more of the essential elements of one’s job”.  To “have a medical condition” is tantamount to the teenager who says that X is wrong “because my daddy says so”.  To prove one’s Federal Disability Retirement application before OPM is akin to the champion debater who must argue, prove and persuade.

Oh, and by the way – as to who “won” the debate in the hypothetical above – well, that is left to the imagination of the reader.

Sincerely,

Robert R. McGill, Esquire

 

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    • Federal Disability Retirement: The Full Arsenal of Weapons
    • FedSmith.com Article: Revisiting "Accommodation"
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    • Latest PostalReporter.com Article: Causation in a Federal Disability Retirement Case
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  • Other Resources for Federal and Postal Employees

    • Articles Published in the Postal Reporter
    • FAQs on OPM Disability Retirement
    • FERS Disability Attorney Profile at Lawyers.com
    • Main Website on Federal Disability Retirement
    • OPM Disability Blog
    • The Postal Service Disability Retirement Blog
  • Seven False Myths about OPM Disability Retirement

    1) I have to be totally disabled to get Postal or Federal disability retirement.
    False: You are eligible for disability retirement so long as you are unable to perform one or more of the essential elements of your job.  Thus, it is a much lower standard of disability. 

    2) My injury or illness has to be job-related.
    False: You can get disability even if your condition is not work related.  If your medical condition impacts your ability to perform any of the core elements of your job, you are eligible, regardless of how or where your condition occurred.

    3) I have to quit my federal job first to get disability.
    False: In most cases, you can apply while continuing to work at your present job, to the extent you are able.  

    4) I can't get disability if I suffer from a mental or nervous condition.
    False: If your condition affects your job performance, you can still qualify. Psychiatric conditions are treated no differently from physical conditions.

    5) Disability retirement is approved by DOL Workers Comp.
    False: It's the Office of Personnel Management (OPM) the federal agency that administers and approves disability for employees at the US Postal Service or other federal agencies.

    6) I can wait for OPM disability retirement for many years after separation.
    False: You only have one year from the date of separation from service - otherwise, you lose your right forever.

    7) If I get disability retirement, I won't be able to apply for Scheduled Award (SA).
    False: You can get a Scheduled Award under the rules of OWCP even after you get approved for OPM disability retirement.
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