Misnomers and the OPM’s Disability, Reconsideration & Appeals Division

The problem with misnomers is not just the inaccuracy of designation which is either explicitly or implicitly conveyed, but the unintended consequences of the string of reactions and responses which can occur as a result thereof.  Sometimes, interpretive mistakes occur purely on a subjective basis; in which case it is not truly a case of a misnomer, but rather merely the misunderstanding by the recipient of the information.  Other times, a word or designation can be open to multiple meanings, where reasonable people can differ on the inferences to be made.

For Federal and Postal employees who have filed for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal Service employee is under FERS or CSRS (such acronyms have specific, esoteric meanings only to Federal or Postal employees, and as such, cannot constitute an objective misnomer, but rather a potentially subjective one), the complexity of the administrative and bureaucratic process can result in the failure to recognize and properly respond to various misnomers throughout the process.

For example, when a Federal Disability Retirement case is assigned to an Administrative Specialist at the U.S. Office of Personnel Management, and one receives a letter informing the Federal or Postal Disability Retirement applicant that X is further needed — the identification of the OPM Representative that he or she is from the “Disability, Reconsideration & Appeals Division” is both confusing and a misnomer.

For, the recipient of the letter (and just to receive any correspondence from OPM other than an approval letter or a denial letter is an amazing fact in and of itself) can well infer from the designation that his or her Federal Disability Retirement application has already been denied without notification (i.e., because it is in the “Reconsideration & Appeals Division”). In fact, all cases fall under the aegis of “Disability, Reconsideration & Appeals” section of the U.S. Office of Personnel Management.

Misnomers may be unintended. It is the recipient and the responder who must, unfortunately, live with the consequences.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement from the U.S. Office of Personnel Management: Expunging the Chatter of Irrelevance

The bombardment of information is a constant and persistent drone; what constitutes newsworthy items, priority of information, and sifting through the quantitative morass of irrelevance, is a daily toil which requires expenditure of human stamina and sheer will power which grinds and depletes the soul of needed quietude.

This is a complex world.  The blare and glare of “relevant” information fights for our attention daily, if not every minute of each hour; if not every second and fraction thereof; and sometime in the recent past, the accepted bifurcation between news, entertainment, and personal opinion no longer followed the conventional pathway of self-evident declarations, and it became the norm to cross the boundaries of propriety.

Now, it is up to each individual to unravel the composite fictions created by the quantitative juggernaut of information overload. Information is there for the public; that is a good thing.  But to recognize and divide relevant information from the chatter of irrelevance — that is the key to maintaining one’s sanity.

For Federal and Postal employees who are contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether one is under FERS or CSRS, the tripartite pressure of information overload confronts one with an unavoidable immediacy: Trying to maintain one’s job while simultaneously fending off any adverse actions from the agency; trying to prepare a Federal Disability Retirement application without undue dissemination of sensitive medical information to those not necessary to the process, and thus attempting to retain a certain level of privacy; and trying to find relevant information from the vast storage of quantitative overload, and sifting it down to that which is relevant, as opposed to the chatter of irrelevance.

The chatter of irrelevance, quite simply defined, is that which makes a lot of noise, but is substantively devoid of useful content.

Compare, contrast, and analyze; but in the end, the age-old merchant’s adage of “buyer, beware,” should still be applied when accepting information for such an important step as preparing, formulating, and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal Worker is under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

 

Federal Gov. and USPS Disability Retirement: Information Overload

Before we even became comfortable with the assignation of the term, “information age“, we were informed that we have already entered into the “post information age”; one has no idea where one stands today because of the lightning speed of our times.

Whether human nature can withstand the onslaught of such rapidity and volume of the multiplicity of component data; of what consequence we are creating in our very midst; whether destruction of societal relationships and connections are truly best for the survival and continuation of our species; all of these concerns matter little.  For, like the story of the complex machine which was once created, and for which Man forgot to build an “off switch”, the ever-forward trajectory of the age of infinite information encroaches whether we desire it or not.

Technology is dependent upon the newness of the next generation of dazzling whistles.  The desire for greater enhancement of stimuli is wired within the human psyche; and like the rat which becomes addicted and comes back for more, we require the overload.

For the Federal and Postal employee who is beset with a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s job, the process of gathering, incorporating, and applying the information concerning Federal Disability Retirement and the bureaucratic process of obtaining the benefit can be, at best, a daunting task. There is always that “piece of evidence” of statutory linkage which must be considered; and as technology continues to progress without regard to individual circumstances, it is anathema to the regressive nature of a progressively deteriorating medical condition.

Ultimately, however, in whatever “age” we find ourselves in, we must play by the rules of the game, and acquire as much information as we can, and be able to filter that which is relevant as opposed to mere fluff.  Like the proverbial bubble filled with hot air, there is much information “out there” which is either irrelevant, inconsequential, or simply filled with errors.  One must be careful as to the source, and who to listen to.

For Federal and Postal employees under FERS or CSRS, the process of filing for Federal Disability Retirement will be a long and complicated one.  How one gets there will be the key; what information to use, and what tools to covet, will make all the difference in this complex world of post-whatever in which we find ourselves.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: The Unknown Resulting from a Partial Answer

If a question is not fully answered, is it a lie or a mere oversight?  If one places reliance upon a partial answer, was it because the question was not properly posed, or the answer only fragmentally provided, or as a result of a deliberate attempt to mislead?

Everyone has experienced the process of “switch-and-bait“, where the sales pitch is declared as one never matched in the history of the world; but upon arrival, the original declaration of the event was merely the “bait” in order to complete the “switch” to persuade the attendee to accept another product.  In such circumstances, it is indeed fortunate if the only real consequence was a wasted trip, and one can turn around and walk out.

In law, knowing only the “partial answer”, or the incomplete set of facts, can lead to irreversible consequences.  For Federal and Postal employees, whether under FERS or CSRS, who suffer from a medical condition such that the medical condition prevents one from performing one or more of the essential elements of one’s job, it is important to receive full answers — from all sources — in order to make the right decision for one’s future.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is a serious step for the Federal or the Postal employee’s future. As such, the information which one relies upon in making that important decision — from what the process entails, to the consequential interplay between FERS & SSDI and a multitude of other questions and answers — should be fully understood.

If a source of information seems incomplete, there is often a reason, and sometimes an underlying motive. Beware the buyer; always seek an authenticating source.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Informational Perspectives

As a general maxim, it is true that not all information is equal; that the qualitative reliance of a given source of information, based upon consistency, accuracy, credibility, etc., should be viewed over the course of sufficient time; and that quantity and volume of information are often an inaccurate guide to determining the usefulness of such information.  

George Orwell’s novel, 1984 is considered a “classic” not only because of the excellence in writing style, but because the content and depiction of future events (now past in terms of events having occurred, predicted to occur, or passed occurrence or relevance because the historicity of such events has surpassed expectations of occurrence) have become a common banality of reality.  One point which Orwell was profoundly correct about, but in an inverse way, encapsulates information:  Orwell predicted that by reducing words and language, there would be the natural consequence of a reduction in conceptual possibilities, minimizing ideas, and more importantly, dangerous or revolutionary ideas.  Instead, the opposite has occurred:  by exponentially expanding information, and disseminating voluminous irrelevancies, there has been a parallel reduction of knowledge.  

In preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS, there is much information “out there”.  Such volume of information, however, does not necessarily result in concurrence of knowledge.  

Information often contains a catch:  a perspective and a motive.  Is the information merely provided in order to persuade you to pay for services?  How was the information obtained — is it merely a regurgitation from information provided by someone else?  Has it been “cleverly borrowed” from someone else’s website?  There is nothing wrong with providing information with a secondary purpose of providing a service which is related to the information; how that information is provided, however, and whether such information is accurate, reliable and consistent, may make all the difference in the world.  

In pursuing eligibility for Federal OPM Disability Retirement benefits under FERS or CSRS from the Office of Personnel Management, be careful in accessing information on the issues; not all information is equal; and it is ultimately knowledge, not information, which one is attempting to obtain.

Sincerely,

Robert R. McGill, Esquire