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    • Accommodation and Light Duty (40)
    • Advantages of Federal Disability Retirement (27)
    • Agency’s and/or Supervisor’s Actions (44)
    • Application, Appeals, and Other Medical Documentation Submitted To the OPM (44)
    • Burden of Proof (30)
    • Clarifications of Laws or Rules (161)
    • CSRS Disability (1)
    • Eligibility Criteria (18)
    • Evaluation Of Your OPM Disability Claim – How Do I Know If I Have A Strong Case? (18)
    • Fables, Stories and Analogies about CSRS and FERS Medical Retirement Benefits (78)
    • Federal Disability Judge-Made Decisions Quoted (35)
    • FERS Disability (10)
    • Important Cases, Legal Updates and/or the Current Process Waiting Time (49)
    • Life after Federal Disability Retirement (21)
    • LWOP and Sick Leave in OPM Disability (12)
    • Mental/Nervous Condition (49)
    • Miscellaneous (178)
    • OPM Disability & OWCP Workers Comp Filings (45)
    • OPM Disability & SSA Social Security Disability Benefits (40)
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    • OPM Disability Actors (288)
      • OPM Disability Actors – The Agency (54)
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      • OPM Disability Application – SF 3112A Applicant's Statement of Disability for CSRS and FERS (62)
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      • OPM Disability Application – SF 3112C Physician's Statement for CSRS and FERS (15)
      • OPM Disability Application – SF 3112D Agency Certification of Reassignment and Accommodation Efforts for CSRS and FERS (7)
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      • OPM Disability Process – 4th Stage: Petition for Full Review at the MSPB (4)
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    • Reasonable Medical Treatment and Compliance Issues (6)
    • Reflections of an OPM Disability Retirement Lawyer (2,082)
    • Resigning or Being Separated From a Federal Agency for Medical Problems or Other Reasons (34)
    • SF 3112 Forms (11)
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    • The Job of a Federal Disability Attorney (80)
    • Theory and Practice: Tips and Strategies for a Successful Application (204)
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    • When the OPM Application Is Approved (14)
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Federal Disability Retirement: Ontological Priority

Posted on October 10, 2014 by OPM Disability Retirement Lawyer

In philosophy, Ontology is a branch of metaphysics concerned with the reality of our world, of unraveling Being in its true form and nature, and the interaction of subject-to-object relationships and the order of priorities as described in the inter and intra connections between the “I” and “you” of this world.  As such, it must take into account the peculiar biological make-up of human beings, their perceptual world from a subjective viewpoint, as well as the Kantian paradigm of the “noumenal” world which is “out there”.

As a branch of metaphysics, it must take care and analyze and logically evaluate the inter and intra connections between the self and others, the objects which are engaged, other subjects, and all in the context of considering the profound impact of human subjectivity constrained within the perceptual universe of the human condition within the greater universe of Being.

For the Federal employee and the U.S. Postal worker who is contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS, the profound impact of one’s medical condition upon the intra and inter delineations with the greater universe is one which is unsolicited and unasked:  the medical condition itself imposes a criteria of a required response.

How one describes the medical condition the Federal or Postal employee suffers from; what the impact is upon the capacity and ability to perform all of the essential elements of one’s job; the severity and extent of the medical condition; the anticipated prognosis; the future intended; all constitute the level of ontological priorities placed, and the “aboutness” of one’s medical condition and whether it is fully described in a persuasive fashion, will often determine the methodological success or failure of an OPM Disability Retirement application.

The encounter we have with the greater world is that which is “given”; how we describe and successfully delineate that encounter, is uniquely human.

The success or failure of preparing, formulating and filing for Federal Disability Retirement benefits through OPM, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, depends upon the description of ontological priorities we place upon one’s narrative, legal argumentation and factual, evidentiary claims.  As such, one must always take care in formulating the compendium of fact, argument and analysis in presenting a Federal Disability Retirement application to OPM, by setting one’s ontological priorities in proper order.

Sincerely,

Robert R. McGill, Esquire

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  • More on CSRS & FERS Disability Retirement

    • eZineArticles.com Article: The 1 Year Statute of Limitations
    • Federal Disability Retirement Laws, Medical Conditions, and the Intersecting Complications with OWCP, Social Security and FERS & CSRS
    • Federal Disability Retirement: The Full Arsenal of Weapons
    • FedSmith.com Article: Revisiting "Accommodation"
    • FedSmith.com Article: Sometimes the Process is just as important as the Substance of an Argument
    • Latest PostalReporter.com Article: Causation in a Federal Disability Retirement Case
    • Understanding the Complexities of the Law
    • USPS Disability Blog: The National Reassessment Program, the Agency and the Worker
  • 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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