OPM Disability Retirement Attorney: Stress in the Federal Workplace

Stress is a natural and inherent part of everyday and ordinary life.

For the Federal and Postal employee who is considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS or CSRS, one needs to always consider its form, content, extent and significance of inclusion in a Federal Disability Retirement application.

As a primary diagnosis, such an inclusion can be considered as merely “situational“, precisely because stress is a factor seen in workplace contexts across the board. As a secondary manifestation of another primary diagnoses, the danger of having the condition relegated to being a situational condition immediately disappears.

Whether the conceptual construct is used as a noun or as a working verb may appear to be merely a linguistically elastic play — a Wittgensteinian language game of sorts — but it is precisely what must be engaged in for a successful preparation and formulation of a Federal Disability Retirement application.

For, in the end, a Federal Disability Retirement application is a paper presentation to the U.S. Office of Personnel Management, encompassing a wide spectrum of descriptions, arguments and factual/legal analysis; and such is the nature of a language game, where the conversion of nouns into working verbs may be the difference between success or failure in a Federal OPM Disability Retirement claim.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: Substantive Reorganization

It used to be that social conventions, customs, values and mores were deemed inviolable and unchangeable; then, when Western Philosophy realized that complex problems and conundrums could be solved by merely tinkering with language, and that the elasticity of linguistic anachronisms were far more susceptible to alterations than attempting to modify human behavior, all such problems disappeared, and the utopian universe of studying one’s own navel was established.

Whether such creation of a virtual reality and parallel universe will result in the expected quietude and peace of the human condition; and whether linguistic latitude satisfies the bubbling undercurrent of human query, only time and eternity will reveal.

Lawyers probably had a lot to do with it.  Lawyers, on the whole, believe fervently that language is the greatest and most powerful of tools.  Look at the legislative branch of local, state and Federal governments; who populates them?  Why lawyers? Because by going to the heart of the entire process, and controlling and advocating for the statutory language at its inception, one can assert and dominate with the greatest of powers:  the power of language in the law.  But what of reality?  The reordering and reorganization of one’s life cannot always be accomplished by the mere changing of wording, or by redefining what one believes in.

Sometimes, there has to be a substantive reordering of one’s life.  One cannot redefine what illness or medical disability one must face, and expect that a material change will occur.

For Federal and Postal employees who must face a medical condition, such that the medical condition has impacted one’s vocation and livelihood, the duality of language and reality must be faced:  The Federal and Postal Worker must attend to the substantive problems of the medical condition, while at the same time file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS, and engage in the administrative process of linguistically persuading the U.S. Office of Personnel Management of the substantive reality of the impact of one’s medical condition upon the ability to perform all of the essential elements of one’s Federal or Postal position.

But be not confused between the duality of efforts; it is the substantive reorganization of one’s life which is by far the more important; the reordering of language to fit the reality of the human condition is mere child’s play compared to the reality of suffering one must go through in attending to the real-life problems of a medical condition.

Sincerely,

Robert R. McGill, Esquire
Postal & Federal Disability Lawyer

 

Medical Retirement for Federal Workers: The Rule of Words

When does a child recognize the power of language? Perhaps it is at the moment when the ineffective response to a tantrum occurs, precisely because the demands conveyed by the destructive actions have not been adequately understood. But once the verbal ransom is received, linked to the potential screams and flailing of arms and legs, hence the power of words becomes consciously recognized.

Linguistic leverage contains a duality of meaning when stated in the concept of a “rule”; on the one hand, it means that there are certain criteria which must be followed in order to maintain the protocol of meaning and conceptual comprehension and intelligibility, as in the statement, “The Rules of language must be followed”; on the other hand, it can also convey the idea that language encompasses a power beyond the mere visibility on paper or on screen, as in: “Language rules the day”. It is the combination of both which, when followed and applied effectively, allows for the explosive efficacy of a presentation.

For Federal and Postal employees who are considering filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether one is under FERS or CSRS, it is always important to understand and appreciate the fact that a Federal Disability Retirement application is first and foremost a paper presentation to the office which makes a determination on the packet. Thus, tantrums and pleas will not move the bureaucracy; however, effective word usage will.

The connection between action and language must be contained in the Federal Disability Retirement presentation itself, through effective and persuasive use of language. When once upon a time a tantrum served one’s purposes well, such a time became long past when the rest of the world determined that language needed to be delinked from actions, and it is language alone which would rule the day.

For Federal and Postal employees suffering from a medical condition such that the medical condition impacts the ability to perform all of the essential elements of one’s job, the “action” part of the process is left to dealing with the medical condition itself. For the formulation and filing for the administrative procedures identified as “Federal Disability Retirement benefits“, it is the language itself which will rule the day, by following the effective rules of language.

Sincerely,

Robert R. McGill, Esquire

OPM FERS/CSRS Disability Retirement: Substantive versus Linguistic Redefinition

Once the acceptance of dissociative dichotomy between language and the objective world became entrenched, the path of ease with which to tinker with language in order to adeptly fit language to reality (i.e., redefine words, concepts and meanings) became a simple next step in the process.

There are, of course, limitations.  A rock thrown and shattering a bottle is difficult to avoid, no matter how much linguistic gymnastics may be engaged.  For reality-based situations which must encounter the language game, one cannot come closer to the correspondence necessary than when one encounters a medical condition.

For the Federal and Postal Worker who must confront the reality of a medical condition, such that the medical condition impacts one’s life, livelihood and future financial security, the reality of the importance of “getting it right” is never more certain.

Often, the question is asked on a purely linguistic level: Will medical condition-X qualify me?  That is the wrong question.

For, Federal Disability Retirement, whether under FERS or CSRS, filed through the U.S. Office of Personnel Management, the question must be asked in an alternative manner, because the entire process of proving one’s case is unlike Social Security Disability and other forums.

In those “other” criteria, the identification of the medical condition itself — i.e., the linguistic identification of the issue — will often be enough to determine qualification criteria.  But for Federal Disability Retirement purposes, it is the direct encounter and confrontation between language and reality which must be faced and embraced: Not “what” identified medical condition, but rather, “how” the medical condition impacts, in the real world, the essential elements of one’s job and how one can adequately perform them.

Thus, Federal Disability Retirement cannot avoid the correspondence between language and reality; it is that very question touching upon the nexus between language (the identified medical condition) and reality (how that medical condition impacts the physical or cognitive ability of the worker to engage in the world) which must be answered.  Thus, no matter what linguistic deconstructionists declare: language does require a correspondence with reality, and truth does still matter despite the hard-fought and persistent attempts to otherwise make irrelevant that which we all accept in the everyday world.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Communication Skills

The ability to communicate involves a complex process:  the capacity to identify and understand what needs to be communicated and for what purpose; retrieval of information and tools of communication from one’s storehouse and warehouse of knowledge; the proper choices to be made in gathering not only the substance of thoughts to be conveyed, but the sequence in which to purvey; editing and last minute self-censorship, as well as its corollary, embellishment of thought, in order to effectively delineate the verbal or written response; and all in an instant of a neurocognitive response.

Mishaps occur; wrong choices of words and combinations of conceptual constructs often become verbalized; and while retractions, apologies and declarations of regret can somewhat ameliorate such blunders, there is often the suspicion that what was stated was and continues to be the true intention and thoughts of the individual who spoke or conveyed them.

For Federal and Postal employees who are considering preparing a Federal Disability Retirement application through the U.S. Office of Personnel Management, whether under FERS or CSRS, the potential consequences of conveying the wrong thought, information or conceptual construct can result in a denial of a Federal Disability Retirement application.  That is why it is often necessary to hire an attorney experienced in identifying the proper methodology of information to be conveyed and delineated.

Real life consequences can result from a bureaucratic process such as Federal Disability Retirement.  Unlike family gatherings where mere words are spoken, an application for Federal Disability Retirement benefits cannot be repaired with a simple statement of apology; for, that which leaves the mouth or the written pen, is often the sword which slays the beast.

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: Key Words and Phrases

In every writing endeavor, there arises over time an identification of the efficacy of certain key words and phrases.  The problem with such identification, however, is that the deliberate extrapolation and insertion of such “keys” will often lead to over usage, inapplicable repetition, and loss of effectiveness resulting from the very recognition of the centrality and importance of such words and phrases.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, there is often a tendency to want to know what the “key” is to the successful outcome of a Federal Disability Retirement case.  It is like searching for the entrance to a secret passage:  we believe that if X is discovered, inserted into the proper keyhole, then the mysteries of that which we fail to understand will be opened.  But proper flow and substantive appropriateness of any medical terms must always be considered within a greater context.

Ultimately, it is not any particular word or phrase which leads one onto the path of success in a Federal Disability Retirement case; rather, it is the substantive conceptual underpinnings behind such words and phrases which matter.  Not the words themselves; nor the phrases which describe; rather, the meaning behind such words and phrases within the context of the entirety of one’s medical condition — that is the key to a FERS Disability Retirement case.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Experience versus Articulation of the Condition

One of the first rules announced in any elementary creative writing course is for the budding writer to “show” the reader through descriptive sentences, as opposed to “telling” the audience what has happened.  The distinction itself is often difficult to describe; it is like the dividing line between light and darkness — we know it is there, but cannot precisely pinpoint the demarcation line.

Similarly, in law, there is a difference between the “facts of the case” and “proving the case“, and indeed, the difference can encounter major difficulties in overcoming the obstacles presented by the distinction (i.e., it is not the proverbial “difference without a distinction”).  Thus, even though one may have all of the facts in favor of one’s case, unless one can prove them (and overcome legal objections, technical obstacles for inclusion and introduction of such evidence, etc.), such an advantageous position may in the end be meaningless unless the articulation of the facts to the jury can be effectuated.

Analogously, in a Federal Disability Retirement application with the U.S. Office of Personnel Management, whether under FERS or CSRS, the fact that one may experience a debilitating medical condition is merely the foundational basis of an effective Federal Disability Retirement application.  Beyond the existence of a medical condition, a series of connecting steps must be established:  treatment of the medical condition; articulation of the medical condition by a treating doctor; a nexus between the medical condition and one’s positional duties with the Federal government or the U.S. Postal Service; information conveyed as to the impact between one’s duties and the medical condition, etc.

In other words, while the experiential value of the medical condition forms the foundational basis of a Federal Disability Retirement application, the articulation of that medical condition in a systematically persuasive vehicle of communication is paramount in “proving” one’s case.  Certainly, experience is the beginning point; but beyond that, one must set about to establish the necessary proof in articulating an experience.

In flying on an airplane, one would certainly rather have an experienced pilot than a brash young pilot who has never flown but who can talk a lot; but in a Federal Disability Retirement application, it is the one who has both — the “experience” of a medical condition, as well as the ability to articulate the condition — which will prove one’s case; and in so doing, hopefully the trip forward will result in minimal engine troubles, and fewer bumps in the administrative ride of filing for Federal Disability Retirement benefits with the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

Writing an Effective Federal Disability Retirement Application

According to Ludwig Wittgenstein, the identification of context-appropriate language games is instructive in this linguistic-focused society.  With the explosion of information through the internet, via twitter, Facebook, texting and email, the changing and malleable nature of language is quickly evolving into a populace of blurred lines, where the virtual world and the substantive, Aristotelian world no longer possess clear bifurcations.  However language changes; whatever the form of communication; the need to convey clarity of thought will still and always exist.

It is one thing to experience life; it is another to tell about it.  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 important to be able to “tell about it”.

Yes, the primary satisfaction of the legal criteria necessarily requires the substantive experience of the medical condition; but there is a conceptual distinction to be made between “living it”, “telling it”, and “proving it.”  It is presumed that the Federal or Postal employee who is preparing to file for Federal Disability Retirement benefits already satisfies the first of the three; it is the second, and especially the third, which presents a problem.

Don’t think that just because you “should qualify” because of the nature, extent and severity of one’s medical condition, that such experiential phenomena justifies the proving of one’s Federal Disability Retirement application.  Ask OPM about it; if you can even get a response back.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: Describing One’s Medical Conditions

In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS from the Office of Personnel Management, the conundrum which one faces immediately is to attempt to overcome the seeming inability of third parties (OPM Personnel included) to understand, comprehend, relate to, and ultimately “feel” a sense of empathy and compassion for the particular genre of medical conditions a Federal or Postal worker suffers from.  

While the entire administrative process of filing for Federal Disability Retirement benefits is based upon a legal criteria, with a standard of proof set by law — that of “preponderance of the evidence” (which, simply put, means that one must prove that something is “more likely” the case than not — a relatively low standard of proof in the potential options of applying various legal standards) — it nevertheless comes down to having a fellow human being review, analyze, assess and evaluate one’s Federal Disability Retirement application at the Office of Personnel Management.  

Yes, there is an applicable legal criteria which is applied by the Office of Personnel Management.  Yes, there is a set of conforming documentation which must be submitted.  Yes, there are Standard Forms to be completed.  Yet, as with all processes of review, no evaluative process can be merely characterized as an objective calculus; otherwise, the eligibility requirement of a Federal Disability Retirement application should be able to be determined by a computer program.  

While such a possibility may well occur in the not-too-distant future, for the present, an actual person (although this is sometimes questioned, also, based upon the unresponsiveness of OPM and the voicemail messages one encounters) at the Office of Personnel Management must review, evaluate, and determine the viability of a Federal Disability Retirement application.  As such, part of the key to the success of the administrative process must be in the descriptive narrative of one’s medical conditions, their impact upon one’s ability/inability to perform one or more of the essential elements of one’s job, and the qualitative and quantitative impact, direct or otherwise, upon one’s life.  

Here again, a cold, objective calculus should not be the only approach.  The “human factor” should be included — and to do so, one must extrapolate and apply all of the descriptive tools available in the English language.  

Sincerely,

Robert R. McGill, Esquire