The Balance of Relevance during the Preparation and Filing of an OPM Disability Retirement Application

Extraneous information is somewhat determined by the eye of the beholder; outsiders tend to view things differently from those who hold greater and more intimate knowledge through interconnected and intersecting relationships; and implied understandings, furtive glances and knowing stares, coupled with a wan smile, are often indicative of an intramural web of knowledge.

Looking to move into a neighborhood, one may drive through an area and see the pristine cut of well-manicured lawns, but it says nothing about the inner workings of friendliness or neighborly misgivings.  What we consider as relevant information in order to make a proper decision, is determined by the goal which is sought, and the means which must be employed to direct that purposive end.

For Federal employees and Postal workers who suffer from a medical condition, such that the medical condition determines the necessity of filing for Fed OPM Disability Retirement benefits through the U.S. Office of Personnel Management, the need to compile the compendium of relevant information, while including factual context and peripheral issues, must be evaluated and analyzed from the perspective of the “other” — the administrative specialist who will be reviewing the Federal Disability Retirement application at the U.S. Office of Personnel Management.

In any form of writing, there must always be a striking of a proper balance between information which constitutes the essence and core of a compilation, and the necessary contextual background which provides the guiding light of a directed narrative.  But some information, far from being mere extraneous narration, can actually undermine one’s stated goal.

Just as letters of bygone days and emails in modernity should never be sent in a fit of anger, so the temperament of retribution should be controlled in preparing, formulating and filing for Federal Disability benefits through OPM, whether the Federal employee or the U.S. Postal Worker is under FERS, CSRS or CSRS Offset.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: Searching for the Proper Balance

Herbal tinctures have become popular in recent times, as primary reliance upon pharmacological solutions characterized by the paradigm of traditional medicine has resulted in explosions of naturopathic alternatives.  But the proper balance and admixture of alcohol with the substantive extracts from medicinal plants is important in arriving at an effective solution; too much alcohol will merely result in having a potion without efficacy; too little, and the bitter taste will invite gastrointestinal convulsions.

It is always the search for the proper balance for everything in life which one seeks, and preparing an effective Federal Disability Retirement application, filed with the U.S. Office of Personnel Management (routed via one’s agency personnel office if the Federal employee or Postal worker has not been separated for more than 31 days), and whether the Federal or Postal employee is under FERS or CSRS, is no different.

Whether it is the medical documentation attached — the extent of detail, the volume of records, the content of history and surgical procedures, how far back, etc. — or one’s Statement of Disability as narrated on SF 3112A, the roadmap which one provides to the U.S. Office of Personnel Management is important in presentation for ease of readership, clarity of direction, and convenience of content-viewing by the Legal Administrative Specialist who will be reviewing, analyzing and evaluating the proper balance of one’s Federal Disability Retirement application.

Then, of course, there is the problem of what happens if a Federal OPM Disability Retirement application is denied at the First Stage of the process; for, it becomes all the more crucial to rebut, reply and reinvigorate one’s OPM Disability Retirement application with all of the admixture of legal tinctures, somewhat like the witch doctor who tries different potions and knows which elements will result in a fiery brew of healthy, bittersweet taste of success.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Workers: Precision & Wiggle Room

In every legal writing and oral argument, there is an appropriate time and context for precision, and times when wide discretion must be used in allowing for additional evidence and argument to remain effective.  Recognizing and identifying which approach must be applied is the first step to effective advocacy; maintaining the flexibility when appropriate, and constraining the precision for all sides, is often a key to winning.

For Federal Disability Retirement law, whether under FERS or CSRS, the key in applying the applicable case-law, the meaning of the ruling of the court or administrative issuance, while keeping open and flexible the statement of one’s disability, is an important part of the entire process.

To “paint oneself into a corner” in one’s Statement of Disability is often a problem, where subsequent medical conditions arise but one cannot supplement or support such conditions because one was inappropriately precise (or unduly succinct) in the descriptive narrative of one’s statement; or, conversely, being vague about the importance, relevance or applicability of a certain holding in a precedent-setting case; these are all mistakes which should be avoided.

In preparing, formulating and filing a Federal or Postal Disability Retirement case, submitted to the U.S. Office of Personnel Management, the context often drives the content; where precision is called for, technical knowledge must be applied and the terms of art must be inserted; where linguistic flexibility is required, the artful weaving of wiggle room must be allowed, in order for the air to circulate, and for the chameleon of appearance to change as circumstances require.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: The Balance of Information

In every submission of documentary evidence for a Federal Disability Retirement application, whether under FERS or CSRS, there is the need for discretionary decision-making.

Not every piece of information is relevant or necessary; volume of attachments does not make for sufficiency of substantive content; allowing for certain information to “speak for itself” is often more effective than a long-winded explanatory addendum; and the extent of irrelevant or unimportant information attached or included may well have a decidedly negative impact upon a decision, both in terms of questions raised as to the reason for inclusion of such material, and the detracting nature of such information from the centrality and essence of the submission.

Balance of information is always a consideration.  As time is always of importance, so is maintaining the acuity of attention upon the case worker assigned to review, evaluate and decide upon a case.  Streamlining; making certain that the focus is always upon the nexus between one’s medical condition and the ability/inability to perform one or more of the essential elements of one’s job; and the editorial process of discretionary inclusion of relevant material — these should be the final steps in the formulation and compilation of a Federal Disability Retirement application just prior to submission to the U.S. Office of Personnel Management, whether under FERS or CSRS.

Balance the information — always in favor of relevance, importance, and substantive content.  Fluff is best left to descriptive articulation in a fictional genre.

Sincerely,

Robert R. McGill, Esquire