Writing an Effective Federal Disability Retirement Application

According to Ludwig Wittgenstein, the identification of context-appropriate language games is instructive in this linguistic-focused society.  With the explosion of information through the internet, via twitter, Facebook, texting and email, the changing and malleable nature of language is quickly evolving into a populace of blurred lines, where the virtual world and the substantive, Aristotelian world no longer possess clear bifurcations.  However language changes; whatever the form of communication; the need to convey clarity of thought will still and always exist.

It is one thing to experience life; it is another to tell about it.  In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important to be able to “tell about it”.

Yes, the primary satisfaction of the legal criteria necessarily requires the substantive experience of the medical condition; but there is a conceptual distinction to be made between “living it”, “telling it”, and “proving it.”  It is presumed that the Federal or Postal employee who is preparing to file for Federal Disability Retirement benefits already satisfies the first of the three; it is the second, and especially the third, which presents a problem.

Don’t think that just because you “should qualify” because of the nature, extent and severity of one’s medical condition, that such experiential phenomena justifies the proving of one’s Federal Disability Retirement application.  Ask OPM about it; if you can even get a response back.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: Word Usage

In any endeavor involving a “paper presentation” to a third party, it is important to be fully aware of word-choice and word-usage.  An overuse and overabundance of descriptive adjectives can undermine the efficacy of a presentation; the flow of sentences, the logical connections between statements, and a conclusion which follows from the major and minor premises of an argument — all in composite and aggregate form, create an impression of a linguistic Leviathan which is formidable, and thus unable to be countered.

Obviously, the facts and evidence which provide the foundation of an argument count for much.  There is the old adage that, when a lawyer possesses no persuasive facts, he argues the law; if the law fails to support a client’s innocence, he argues the maudlin facts; if neither supports proof of the innocence of the client, then he merely blusters and argues.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important to recognize that the Disability Retirement packet is a “paper presentation” to the U.S. Office of Personnel Management.

You will not be meeting with anyone.  You will not be given an “in-person” interview, where one’s charm, charisma and personality may provide the persuasive foundation for an approval.  Rather, it must be by the sheer convincing force of one’s logic, methodology of argumentation, facts presented and the persuasive nexus between one’s medical condition and the essential elements of one’s job — based upon the choice of words and the application of expanding conceptual constructs.  An inadvertent use of a word may become the weak link to such a paper presentation.  Those times when you should have been listening to the English teacher in Grammar Class — it mattered.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: The Key to a Case

Often, when dignitaries or celebrities visit a particular city, they are recognized, applauded and sometimes “given the keys” to a city — metaphorically meaning that they are provided with certain benefits and access to such benefits.  It would be nice if, in every circumstance involving the necessity of identifying a key to an access, that we could figure out which key fits, in order to open the door to that previously-inaccessible entranceway.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important to identify, recognize, and implement the “keys” to a successful outcome.  If one metaphorically views a Federal Disability Retirement application, then the application itself would be the key; the doorway which prevents access is the U.S. Office of Personnel Management; and the opening of the door is the successful approval of a Federal Disability Retirement application.

The “key”, then, is that which opens the doorway, and leads to eligibility of one’s Federal Disability Retirement benefits.  The focus of the Federal and Postal employee must be upon choosing the right key; crafting the proper implement; then ensuring that the instrument fits properly the lock which bars the entrance to the gateway of success.

Such formulation and compilation of the proper key in order to obtain access, is — to put it in trite form — the key to one’s success.  As such, it is important to put one’s effort in the timeline just before putting the key into the lock — i.e., in the formulation and preparation, of compiling the right data, arguments and documents, in order to possess and apply an effective application.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: Knowing the Terms

In preparing, formulating and filing a Federal Disability Retirement application with the Office of Personnel Management, it is important to have some clarity on conceptualizations of physical and psychiatric medical conditions or, to put it quite simply, to “know your terms”.  

While one must obviously obtain the necessary medical documentation in order to meet the eligibility requirements for OPM Disability Retirement benefits, and such medical documentation — a narrative report providing for the “bridge” between one’s medical condition and the particular type of duties and positional requirements one is engaged in with the Federal government or the Postal Service, as well as office notes, treatment notes, etc. — reliance upon the medical documentation to expand upon, delineate, explain, illustrate and elucidate upon the narrative story of how the medical condition impacts upon one’s inability to perform one or more of the essential elements of one’s job, may be expecting too much from the doctor and medical documentation itself.  

On the Applicant’s Statement of Disability (Standard Form 3112A), there is an opportunity for the Applicant to provide information concerning the impact of one’s medical condition upon the essential elements of one’s job, as well as upon one’s personal life.

Knowing the “medical jargon” and being able to extrapolate, apply, expand upon, and describe in terms which are cohesive, understandable, illustrative, and with sufficient emotive impact, yet maintaining a sense of rational perspective and sequential, logical application, is an important part of providing useful information to the Office of Personnel Management.

Keeping it simple is important, but at the same time being able to use the medical terms comfortably in describing the impact upon one’s positional duties, in a technical but comprehensible manner, is the key to effective communication.  For, after all, “communication” is what this is all about — of presenting a case which is persuasive to the Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: Words

Words are peculiar entities; a mode of communication in a world of multiple methods of choosing which vehicle of conveying a concept, a descriptive word picture, an anticipated action; a historical event; a desire, a need, a want; and thus, the choice of which modality of communication to use, based upon effectiveness, utility, and context, is important.

The macro-choice of mode of communication, once chosen, then leads to the micro-choice of which words will be plucked from the universe of words. Whether from a Wittgensteinian perspective where language games merely parallel the “real world” out there, or the classical approach of words as representing such a world, the utility and effectiveness of words is an important determination in preparing, formulating and filing a Federal Disability Retirement application from the Office of Personnel Management, whether under FERS or CSRS.

Ultimately, for purposes of a Federal Disability Retirement application, the Federal or Postal employee is seeking the usage of the most effective word-choices.

In preparing and formulating the Applicant’s Statement of Disability (Standard Form 3112A), it is important to extrapolate from the total universe of words, those which will convey the meaning, delineate the concept, and evoke the proper emotive responses, as reflected accurately in comparison and contrasted with the words utilized by the doctors, the Supervisor, the Agency, etc.

Word choice is important.  Preparing and formulating a Federal Disability Retirement application is not just a matter of gathering the medical documentation and filing it. If that were the case, anyone and everyone could compile the data and submit it. Rather, it is the efficacy of words chosen which determine the success or failure of the entire endeavor; for, as words evoke a response, the person to whom a case is assigned at the Office of Personnel Management must read, analyze, evaluate, and ultimately decide based upon the words chosen.

Sincerely,

Robert R. McGill, Esquire