OPM Disability Retirement: Technical Application of Terms

Wittgenstein’s contribution to Western Philosophy was twofold:  On the one hand, his insight into the role of language and how much (if not all, according to him) of philosophy’s substantive problems and complexities could be unraveled through the analytical dismantling of linguistic confusions, and secondly, the idea that philosophy as an academic discipline should not be given greater stature than any other — in other words, he believed that philosophy was a waning and anachronistic field which would eventually wither on the vines of history, and properly so.

While the undersigned disagrees with the latter assessment, it is the former contribution concerning “language games” and their import to society, daily living, and even to the technical world of legal jargon, which is of interest and relevance.  Lawyers necessarily have a “language game” of their own.  Within the peculiar universe of legal terms, the technical application of such “legalese” has direct and dire consequences if not understood properly and applied narrowly.

In the world of Federal Disability Retirement law, the term “accommodations” is often and profusely applied by agencies and Human Resources Personnel, but more often than not, in a loose and inappropriate manner.  Agencies bandy about the term, to wit:  “Mr. X. was accommodated by allowing for temporary light duty“; “We provided him with an accommodation by letting him take liberal sick leave and LWOP”; “Ms. Y was accommodated with instructions not to lift over her medical restrictions”; and other such implied applications of the term.

Which of the previously-cited statements constitute a technically correct use of the term “accommodation” within the context of Federal Disability Retirement?

Answer:  None of them.

Language games have inherently peculiar traits and rules of application; within the parameters of Federal Disability Retirement, too often the rules of usage are not complied with.  The consequences of non-compliance, unfortunately, is that Federal and Postal employees actually believe that they are being “accommodated”, when in fact they are not.

Further, believing that one is being accommodated by an agency may lead to the mistaken belief that one is ineligible for Federal Disability Retirement, when in fact one has always been eligible precisely because the agency cannot or has failed to provide a legally viable accommodation.  Look into the proper use of terms, and the technically correct application of terms.

In the end, Wittgenstein was right:  Language games reveal more about the competence of those who play them, than about the lack of precision exhibited by human behavior.

Sincerely,

Robert R. McGill, Esquire

Federal & Postal Service Disability Retirement: The Level of Objectivity

I was trained in Philosophy, first; obtained my undergraduate degree in Philosophy; then went on to graduate school to study Philosophy.  Somewhere along the line, I decided to switch lanes and go to law school.  However, the training I received in philosophy — of symbolic logic; of the analytical discipline of evaluating the logical consistency, force, soundness and validity of argumentation and methodology of argumentation, has remained with me throughout my legal career.  In recent years, I have found that logic, validity, soundness of arguments, and consistency of argumentation, has become a rare breed.  Whether this has more to do with a greater lack of rigorous education, or the belief that there is little to distinguish between “objectivity” and “subjectivity”, I do not know.  I do know, however, that there remains, even today, a sense of the “integrity” of an argument.  An argument’s integrity is found in an objective, dispassionate description of a case. 

That is the role of an attorney — to give the narrative of the Federal Disability Retirement applicant under FERS & CSRS a sense of proper context, a picture of objective validity, and a substantive presentation of the issues which are relevant:  medical, life, impact, occupation, and the intertwining of each issue with the others, without undue and over-reaching emotionalism which can often undermine the very integrity of the narrative presentation.  

Sincerely,

Robert R. McGill, Esquire