The game of selective extrapolation is played by many; there was a time when such a methodology — otherwise known as taking something “out of context” — was with simplicity and bluntness identified for what it is: dishonest. But in this day and age, it has come to be accepted, and even applauded, for such characteristics as “aggressiveness” and “smart play”.
Once, in an age where integrity and fidelity were upheld as character traits worthy of emulating, there was an affirmative duty to “tell the whole story” — that if X quoted from a document in fragmented form, it was one’s duty to provide the entirety of the context in order to be “fair”. Perhaps it is the adversarial nature of the legal arena which allowed for this standard to change; or perhaps it is just part of the greater deterioration of the culture; in any event, in modern times, it is an accepted practice to merely take sentences, words, concepts and phrases out of context, and twist and mangle them to whatever form and usage will gain one’s advantage.
In Federal Disability Retirement law, especially in the context of a denial issued by the U.S. Office of Personnel Management, one will often find the use of selective extrapolation — of taking a lengthy, comprehensive medical report of a doctor, and choosing to quote an almost-irrelevant statement which seems to support a negative or opposite conclusion from that which the doctor has stated. At first glance, one merely scratches one’s head with puzzlement; but after the initial shock, it must be recognized for what it is: an attempt to merely justify the denial of a Federal Disability Retirement application.
How to rebut it? Fortunately, the rebuttal is not made to the same individual who played the game of selective extrapolation; that would obviously be an act of futility. The rebuttal must be forceful and head-on; call it for what it is, and provide the correct content and context.
In Federal Disability Retirement law with the U.S. Office of Personnel Management, whether under FERS or CSRS, one must prove by a preponderance of the evidence that one is entitled to Federal Disability Retirement benefits. In order to do so, one must maintain a level of integrity which reveals the sharp contrast to those who engage in such games.
It is sometimes difficult to refrain from playing the other person’s game; but in the end, let’s hope that age-old standards of integrity and fair play will continue to win out.
Sincerely,
Robert R. McGill, Esquire
Filed under: Reflections of an OPM Disability Retirement Lawyer | Tagged: applying old-fashioned ethical principles in the second stage of the federal disability retirement process, civil service disability, don't believe the excuses opm uses to deny your federal disability claim, ethical issues when filing the 3112b form, excuses the opm disability specialist uses to deny disability benefits, fair play and substantial justice during the evaluation of your fers disability claim, Federal Disability, federal disability attorney, federal disability retirement, FERS disability retirement, filing for OPM disability retirement, how to handle the reconsideration stage, if your opm disability claim was unfairly denied, integrity in law firm practice, law firm representing clients in opm disability law all across america, legal representation for injured federal workers, maintaining integrity in your opm application for immediate disability retirement, nationwide representation of federal employees, OPM disability retirement, opm's excuses to deny your federal disability retirement, opm's integrity when dealing with fers disability retirement applications, owcp disability retirement, Postal disability, postal service disability retirement, professional integrity and experience in opm disability law, representing federal employees from any us government agency, selective realism in the minds of the opm disability specialists, stating the obvious to an agency with selective reading comprehension problems, the role that ethics should play in the federal disability retirement process, the unfairness of getting your opm disability retirement claim denied, unfairly denied postal benefits?, withstanding the selective reasoning of the opm for denying a claim, your medical retirement claim and the opm's selective picks | Leave a comment »
Federal and Postal Disability Retirement: Responding to Stupidity
Sometimes, one’s initial reaction in a situation — professional setting, social discourse, event gathering, etc. — requires a momentary pause; and it is precisely that couple of seconds of gathering one’s thoughts which saves one from further putting fuel upon a potential fire.
Perhaps you have every right to have responded with a drip of sarcasm; or others would have approved of the lashing back; and still others would say that the response was appropriate and deservedly given. But the greater question should always be: how effective was the response; did it evoke the necessary end; and for whose benefit was the aggressive retort given — for the benefit of truth, or for one’s own satisfaction?
In a professional context, of course, it is probably never appropriate to respond in an unprofessional way, if merely by definition alone. Similarly, in a FERS or CSRS Federal Disability Retirement context, when one receives a denial from the U.S. Office of Personnel Management, there are statements made — whether one pertaining to mis-application or mis-statement of the law; or perhaps a wrong reference to a medical report; or even more egregious, a selective use of a statement from a medical report or record taken out of context — which can deservedly provoke a response involving sarcasm, a deluge of epithets, or worse, a barrage of ad hominem attacks — and in each case, it would be neither appropriately given, nor proper in a professional sense.
Fortunately, paper presentations and paper responses have the advantage of time over social discourse and person-to-person contact.
Holding one’s breath and counting 3 seconds, or 10, or perhaps an eternity, is an effective way of avoiding catastrophe. Writing a diatribe of what one wants to say, then trashing it, is also acceptable. On the other hand, beware of that “send” button; and, moreover, never push that “send to all” button.
That would indeed be unprofessional.
Sincerely,
Robert R. McGill, Esquire
Filed under: OPM Disability Process - 2nd Stage: OPM Reconsideration Stage, When the OPM Application Is Denied | Tagged: a rational response to an unreasonable letter of denial opm benefits, an effective federal disability retirement application, an effective written communication to the opm, an individualized response to your fers disability denial, an understandable emotional response to an irrational fers disability decision, applying old-fashioned ethical principles in the second stage of the federal disability retirement process, attorney representing federal workers for disability throughout the united states, CSRS disability retirement federal attorney, denial of fers disability benefits and the proper response, effective personal skills when dealing with supervisors, emotional comments won't always help to get opm application approved, federal disability attorney, fers disability retirement and effective communication, how to respond to a federal disability retirement denial, law firm representing clients in opm disability law all across america, legal effectiveness in government disability claims, legal help after first application denial, legal services for federal and postal workers all across america, nationwide representation of federal employees, one key ingredient for a successful fers disability claim: effective communication, reflecting on emotional tone from the legal angle, refrain from fast and emotional responses when opm denies your disability claim, representing federal employees from any us government agency, resources for injured federal workers, Responding to an Initial Federal Disability Retirement Denial of Benefits, response to denial of opm disability retirement benefits, Second Step OPM Appeal, the 2nd fers disability stage is still an administrative process with the opm, the date of the denial letter and responding to a denial of opm disability benefits, the dreaded denial letter, the effective way of presenting one's opm disability case, the federal disability retirement application with an emotional tone deep inside in the objective medical language used, the opm case worker at the second stage of the federal disability retirement process, the role of the applicant during the second stage, the second stage opm representative, using some emotional content in your fers disability application, USPS disability retirement, we may be talking about emotional issues or medical documentation -- but never forget the nexus | Leave a comment »