Tag Archives: contextual foundation needed to build upon your fers disability claim

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 FERS Disability Retirement application.

Sincerely,

Robert R. McGill
OPM Disability Attorney

 

Federal and Postal Disability Retirement: Paper Presentation

As with most things in life, it is helpful to understand the “context” of an event, an occurrence or a process.  In the context of preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, it is important to understand that this is essentially a “paper presentation” to an agency which processes thousands of such similar applications, assigned to a person who has a name and (if you are lucky) a voice over the telephone.  

Unless it it denied twice (first at the Initial Stage of the Process, then at the “Reconsideration Stage” of the process), there will be very little direct interaction between the OPM Representative assigned to evaluating and determining a Federal or Postal worker’s Federal Disability Retirement application) and the Applicant.  Even at the Merit Systems Protection Board, the “human interaction” will be limited over the telephone.  

Thus, the underlying “context” of a Federal Disability Retirement application is a “Paper Presentation” of a case.  This is not a criticism of the process — indeed, if one stops and reflects upon it, it may be the fairest methodology of undertaking such a process, precisely because it excludes the possibility of favoritism, of bias in favor of personalities or persuasive personal appearance and presentation.

Instead, it is presented to the determiner of the Federal Disability Retirement application based upon the “cold facts” as described and delineated on paper.  Thus, a certain sense of “objectivity” is arrived at because of the very limitations imposed by a paper presentation.  Understanding this contextual foundation is useful and helpful in making sure that the efforts expended should be focused upon acquiring the best evidence in order to formulate such a paper presentation — to include making sure that the presentation itself is professional, crisp, streamlined, and not filled with a lot of superfluous niceties.  

Sincerely,

Robert R. McGill, Esquire