Federal Disability Retirement Lawyer blog: Meeting the Legal Criteria

Lawyers often speak about “the law” as if it has the character of a science — of established principles which are objective, without the arbitrary influences of subjective interpretive devices or nuances. But even science itself fails any pure test of universal unalterability; one need only read Kuhn’s description of shifting paradigms in the history of science (The Structure of Scientific Revolutions) to understand that objectivity is merely another word for pragmatism. For, that which “works” or is “effective” in the eyes of the greatest number of people, is what matters to most people. That is why success is an irreplaceable harbinger of general opinion.

In the Federal government, one would like to expect application of rules, regulations, etc., somewhat in an algorithmic form, where favoritism is lacking, and where everyone has a “clean shot” at everything.

Especially when it comes to a benefit such as Federal Disability Retirement, which impacts those who are most unfortunate — one beset with a medical condition such that one can no longer perform all of the essential elements of one’s job — an expectation that an objective criteria which can be met by pure factual presentation, legal magnification of relevant statutes and laws, and perhaps some modicum of argumentation for persuasion, is what should occur in a perfect world. But as the proverbial perfect world fails to materialize, we must do with what we are given; subjective interpretation, and selective analysis are merely human frailties and imperfections.

That is why legal argumentation and countering of subjectivism must be employed.

Federal Disability Retirement, whether for FERS or CSRS employees of the Federal government, must be fought for, and “won”; there is no mathematical algorithm of objective application; there is no parallel universe of perfection; there is only the human condition, which requires interpretation, knowledge, analysis, and argumentation which persuades and cajoles.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: The Paradigm of Persuasion

In graduate school, the undersigned attorney once presented a paper on a comparative analysis involving a Chinese philosopher.  At the end of the presentation, the professor asked a question pointedly:  “Is there such a thing as Chinese philosophy?”

The question, of course, went straight to the traditional paradigm underpinning Western philosophical thought:  of logical analysis; of syllogistic, Aristotelian methodology; of, “If A, then B”, etc. — as opposed to short, concise, declarative statements illustrating history, community, context and wisdom.

In other words, the difference between persuasion as a methodology in a universal sense, applied across any and all cultural lines, as opposed to the micro-application of wisdom within a given community.  For, in either sense, it is ultimately wisdom after which we seek.

There is, indeed, a tradition in Western Philosophy, beginning with the Pre-Socratics, onward through Plato, Aristotle, the Medievals, to the present where deconstructionism has essentially inversely cannibalized philosophy, in which the issue of what constitutes a persuasive argument must be questioned.

Can a paternalistic declaration of wisdom prevail in a debate?  Is a mere assertion of truth enough to convince?  In any legal context, one must systematically present one’s case with facts and “the law”.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, one must take care and follow the traditional rules of persuasive argumentation.  In a family, the rule of Mom and Dad may prevail; in a community, a Confucius-like paternalism may be effective; in the arena of law, one must take care and systematically present a persuasive, logically coherent argument.

Only by following in such a methodology of persuasion can one expect success in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: The Necessity of the Legal Argument

Disparate facts, placed in the same vicinity, aggregated in order to formulate a composite of conceptual constructs, can provide to the recipient information concerning a specific issue, resolution of a problem, perspective on a viewpoint, etc.  However, when a particular issue is governed by statutory authority, history of case-law interpretation, and multiple sets of regulatory issuances from a Federal Agency — and, further, where it involves an application to prove eligibility, as opposed to merely filling out a form to ascertain entitlement — in such an instance, it is necessary to argue “the law” , as opposed to merely reciting a set of “facts”.

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 sometimes questionable as to the value of making complex legal arguments, especially at the initial stage of the process, and sometimes at the Second, or “Reconsideration” Stage of the process.  But that is the point, isn’t it — that it is a “process“, as opposed to a singular filing event?  For a process necessarily involves preparation and formulation not only for the “present”, momentary event; rather, it entails and encapsulates potential future considerations.

OPM cites “the law” right back at you in a denial letter; the Federal or Postal employee must be able to adequately respond by understanding, applying, rebutting and answering with the very laws which are referred to, implied by, or otherwise referenced in OPM’s denial.  Furthermore, preemptive recitation and reference to laws governing specific issues is always an effective methodology of arguing a case.  Remember:  Facts alone only arbitrarily provide information; information recited without context fails to make a case; it is through logical argumentation that the persuasiveness of a set of facts can be effectively conveyed in order to win a Federal Disability Retirement case.

Sincerely,

Robert R. McGill, Esquire