OPM Disability Law: The Fatigue of Profundity & Requirement of Repetition

Profundity is overvalued.  With the advent of the internet and information technology, the widespread dissemination of seemingly esoteric array of knowledge and know-how (yes, there is a distinction with a difference between the two), everyone is vying for the heard voice, and the break-out from the herd.  One becomes easily fatigued by seemingly deep insights, or “new” data and facts upon otherwise mundane concerns.

Repetition is considered as a trait of boredom; but the longer one lives, the more one recognizes that there is truly little new under the sun, and the apparent newness of X is merely a regurgitation of the old Y of yore.   But repetition does have its own uniqueness of value, and inherent strength of significance.  For, often, a person who turns the same corner as thousands, and tens of thousands before, may be encountering the next block for the first time, and what those before him or her did has little to no significance to the epistemologically privileged experience for that singularity of uniqueness.

Thus, for Federal employees and U.S. Postal workers who experience a medical condition, such that the medical condition begins to impact one’s ability and capacity to perform the essential elements of one’s job, the knowledge that many, many Federal and Postal employees before were able to file for, and get approved, Federal Disability Retirement benefits through the U.S. Office of Personnel Management, so long as one is under either FERS, CSRS or CSRS Offset, the comfort of which one may partake rests in the fact that one is not alone; yet, it is not purely a “repetition” of sameness but a genus of similarity; for, as each medical condition and every circumstance reveals a uniqueness which must be dealt with individually, so each Federal Disability Retirement case must be handled with care.

At the same time, however, it is of value to recognize that repetition of relevant laws, statutes and regulations, cited in the ordinary course of preparing an effective Federal Disability Retirement application, is necessary for success in obtaining the benefit.

From the standpoint of OPM, the fatigue of profundity comes in failing to view a particular case with “new eyes”; from the viewpoint of the Federal or Postal worker who is filing for Federal Disability Retirement benefits for the first time, it is the inability to recognize the requirement of repetition which often results in an ineffectual formulation of one’s case.

Sincerely,

Robert R. McGill, Esquire

 

Context, Content and Vacuums in Federal Employee Disability Retirement Applications

Vacuums constitute space devoid of matter.  In the practical world, the mechanical tool used for removal of unwanted substances merely moves matter from one location to another; in theoretical physics, one encounters complex conceptual discussions which will often involve comparative analysis of partial vacuums in relation to pure vacuums.  Discussions involving vacuums, where a proper context is important in understanding the relational significance of subjects focused upon, and the incomprehensible vacuity of meaningless occurs when conceptual connections are lost because context and substance lose their connective importance.

In the context of 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, too much focus and attention upon peripheral matters, outside of the context of medical conditions in their relationship to positional duties and essential elements of one’s Federal job, will often create a vacuum of significance.

Context is always important; but the extent of detail required, and necessity of issues to be discussed, and the quantitative value of documentation and evidence submitted, may well prove to attain an opposite effect from the one intended. Unintended consequences resulting from intended actions are to be expected in daily life; but where one has decided to pursue an administrative and bureaucratic process where submission of the evidence can be thoughtfully controlled, it is always important to coordinate the relationships between context, content and vacuums.  The descriptive context of an OPM Disability Retirement application; the substantive content of the evidence to be submitted; and the vacuum created by placing evidence in one part of the Federal Disability Retirement application but leaving it omitted from another, results in the intended whole of an effective Federal Disability Retirement packet.

All Federal Disability Retirement applications are filed through the U.S. Office of Personnel Management, whether one is under FERS or CSRS, and because the agency which reviews, approves or denies a Federal Disability Retirement claim is different from the one which originates with the source (with the exception of the injured Federal Employee who actually works with OPM, which can of course happen and has happened), it is important to consider the connective relationship between context, content and vacuums created, both in practical life, in theoretical physics, as well as in the preparation, formulation and filing of a CSRS or FERS Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Postal and Federal Disability Retirement: The Beast of Burden

The burden is undertaken by those have little choice in the matter, but who willingly submit to the responsibility and obligation.  Traditionally, the “beast of burden” (other than being a Rolling Stone song) refers to a somewhat-domesticated animal, perhaps a donkey or an ox, who must bear the weight of man’s work.

In law, the “burden” is one of proof — of the affirmative obligation to present one’s facts, persuasive argumentation based upon such facts, and the application of the relevant law which supports both the facts and the arguments.  The “other side” in the litigation has no burden at all, and can simply sit and do nothing, if he or she so chooses, and see whether or not the plaintiff, the appellant or the Federal Disability Retirement applicant has submitted sufficient proof such that he or she has met his/her burden of proof.

As the weight placed upon a beast of burden is often heavy and demanding, so in a similar vein the litigant who has the burden of proof should always expect to exceed what is “necessary” in any given case.  For the Federal or Postal employee who is filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS, it is indeed a heavy burden to bear in order to meet the legal criteria of a Federal bureaucracy who has the unmitigated power and authority to approve or deny.

The burden of proof — it is as heavy as that which we place upon a beast of burden, and the weight of such responsibility can overwhelm us, lest we have the reserve of strength to plod onward.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: Coordinating the Elements of Success

Coordination is something taken for granted; it is only when there is a visible lack of coordination that one comes to appreciate that which has been taken for granted.  Thus, when a disjointed presentation is viewed; a play or a movie without a coherent theme; an unskilled person attempting a skill-based sport; a person trying to “wing it” when such an endeavor cannot be accomplished without prior practice and perseverance:  it is the bad play which brings to the fore the importance of coordination.

Thus, for the Federal and Postal Worker who is contemplating filing for OPM Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is the disjointed application, the one without a coherent structure or lacking of the necessary connections between the primary three (3) elements:  the law, the personal narrative, and the medical foundation; that is when a Federal Disability Retirement application is in trouble at the outset.

Coordinating the necessary elements will greatly enhance the chances of a successful Federal Disability Retirement application.  It is when there is a lack of such coordination that the inherent inconsistencies and lack of evidentiary substantiveness will become apparent; sort of like the minor leaguer who tries to reenact the play of a major league type, only to find that it isn’t quite the same.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: Persuasion and Diatribes

Methods of argumentation require one to embrace a tripartite approach:  Regard for who the audience is; consideration of what the intended goal is; selection of the effective methodology of presentation.

Diatribes will often consider the first two points, while disregarding the third — for, the intended audience is the targeted person or group who must bear the vitriolic attack; the goal is to let loose a torrent of one’s beliefs and (in all likelihood) upset the recipient; but it is rarely an effective approach for any intended purpose other than to gratify one’s emotional turmoils.

Persuasion, on the other hand, must by necessity include the third element — for the very sign of success not only regards the intended audience and considers the goal of changing another’s mind; most importantly, it must do so in a subtle, quiet sort of way — by allowing for the recipient of the presentation to think that he or she is changing a perspective based upon one’s own volition, when in fact the presentation itself is the vehicle of the alteration.

It is this distinction between a diatribe and persuasion which one must keep in mind when preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS. The bull-in-a-china-shop approach in presenting one’s Federal Disability Retirement application before the U.S. Office of Personnel Management will rarely win them over; on the other hand, a carefully-crafted presentation based upon a streamlined narrative; upon medical evidence which is concise; and with legal arguments which are precise — leads to a methodology of persuasive impact.

Diatribes serve their self-centered purposes; persuasive argumentation allows for the unseen thread to pull the levers of effective results.  In the end, the short-term gratification of a diatribe will leave one hungry and dissatisfied, whereas the fruits of persuasion will always fulfill the needs of the audience, and the desire of the presenter.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: Facts, Proof & Truth

In a perfect universe, the conceptual distinction between facts, proof & truth would be non-existent:  facts would in and of themselves prove X, and the truth of the factual proof would be self-evident.  But this is neither a perfect world, nor one in which recognition or acknowledgement of true, proven facts are conceded easily.  Other human factors intercede:  self-motivation; possible unspoken quota system (did he really say that?); misapplication of a standard or legal criteria; lack of knowledge; lack of training to be able to recognize the distinction, difference, and intersecting significance of the three, etc.  As such, because we occupy an imperfect world, it is important to understand the conceptual distinction between the three.

In preparing, formulating, and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, many Federal and Postal employees approach the administrative process of filing for Federal Disability Retirement benefits as if merely stating the “facts”, however compelling and substantively emotive, will “prove” the “truth” of the applicant’s statement of disability. But “facts” are merely the substratum (to borrow Aristotelian language) of the methodological process of effective argumentation; they must be proven to the Office of Personnel Management, and such proof must be persuasive to a level where the reviewing individual at OPM is persuaded of the truth of such proof.

The key to persuasiveness, of course, is argumentation; and argumentation must involve validity based upon an objective methodology, a logical and sequential statement of relevant facts, and (in the case of an administrative process such as Federal Disability Retirement) reference to statutes, regulations and case-law which provide the foundational reference-point for establishing eligibility.  Human beings are by definition imperfect constructs.  Slightly above the apes (although that is debatable), and certainly lower than the angels (that is not in dispute), one must therefore recognize that facts must be proven, and the truth of such proven facts must be asserted.

Sincerely,

Robert R. McGill, Esquire