OPM Disability Retirement: The Winning Argument

Most arguments are not won by sheer force of logical persuasion; for, that would require the assumption that not only does everyone think “logically”, but that everyone also has been versed in the technicalities of propositional and syllogistic logic, has studied them and accepted them as overriding and dominant methodologies of discourse.

We like to harken back to the classical period of civilization’s cradle and cloak our biases with Aristotle’s dictum that we are all “rational animals” — implying thereby that our thought processes are powered by a predetermined set of algorithms characterized by the model of a supercomputer.  Yet, we — as fallible human beings ourselves — instinctively know better.  People do not think, leaving aside argue, by mere logical rules and discourses of such modalities; there are almost always other factors involved, whether of emotional ties, internal egoistical motivations or just the pure and unadulterated need to win at every engagement.

Aside from such human factors, however, is there an “objective” standard that characterizes a “winning argument”?

For Federal Employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, it is essential to put together a FERS Disability Retirement application with this in mind: How to effectively put forth your case with “the winning argument”.

The U.S. Office of Personnel Management is never there to “rubber stamp” a Federal Disability Retirement application.  They are there to parse, tear apart and potentially undermine, and it is important to recognize the pitfalls and shortcomings of your particular case before putting together arguments that will ultimately win your case.

Consult with an attorney who specializes in Federal Disability Retirement Law today so that you can begin to formulate “the winning argument” that will obtain an approval of your Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement for Federal and USPS Workers: Don’t Overstate the Case

It is important to have an objective tone in one’s Federal Disability Retirement application under FERS or CSRS.  This is inherently difficult, of course, if one is representing one’s self in such an application, because naturally the subject is the very person one is attempting to be objective about —  one’s very own self.  Because of this difficulty, it is often important to have legal representation, in order to attain that level of objectivity where the voice which speaks concerning the subjective pain, medical conditions, and impact upon one’s ability or inability to perform one or more of the essential elements of the job, is portrayed in an ‘objectified’ manner, tone and tenor.  Further, the problem with an overemphasis on emotionalism in any Statement of Disability is that, while it may evoke sympathy, it often overstates the case.  Overstating a case occurs when the subjective description collides with the ‘objective’ medical documentation which it is meant to support — not to undermine — the case as described by the applicant for Federal or Postal Disability retirement benefits.  Remember that, from the perspective of the Office of Personnel Management, the applicant who has prepared the Federal or Postal Disability Retirement application under FERS or CSRS has an underlying motive beyond filing for a benefit — that of being the recipient of the benefit.

Sincerely,

Robert R. McGill, Esquire