OPM Medical Retirement Legal Representation: Laconic Latitudes

Brevity of words often reveals otherwise unnoticed characteristics through silence; being concise, while important in conveying specific information, can interrupt the natural flow of linguistic rhythms; and, as with music, it is the silence and the pause between notes which create for the beauty of a piece.

In preparing an effective narrative, the essayist, the novelist or the biographer must set a tone in order to draw the reader into the web of verbiage, and like the opening to a secret entranceway leading to the cavernous dark of insular worlds, a light must shine in order to invite the way in. But if the traveler is mired in confusion, how can the journey into a pathless narrative allow for any sense, logic or directed discourse? Even Science Fiction and Fantasy genres must have some relational connection to the world we know; otherwise, it is merely relegated to the private musings of insanity extricated.

The laconic dialogue often requires greater concentration, precisely for the lack of words, where silence and large tracts of pauses mandate implications and inferences.

Federal and Postal employees who suffer from a medical condition are often mired in the confusion of the process of seeking security and a pathway for their future.  In the midst of such confusion, they are asked to fully comprehend the entirety of the administrative process recognized as “Federal Disability Retirement“. To prepare, formulate and file an effective Federal Disability Retirement application is to have foresight, mental acuity, intellectual capacity and physical stamina to embrace a complex bureaucratic process, and all the while deal with major medical problems.

It would thus be understandable if a laconic Federal Disability Retirement application was prepared; but unfortunately, from the perspective of the U.S. Office of Personnel Management (which is the singular agency which makes a determination on all Federal Disability Retirement applications), rarely are pauses and silences taken into account.

While there is always some latitude in reviewing an OPM Disability Retirement application, regardless of whether the Federal or Postal employee is under FERS, CSRS or CSRS-Offset, the time for brevity and implied latitude should be replaced by concise verbosity of a longitudinal perspective.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Key Words, Conveyance of Information, and Satisfying the Legal Criteria

There is often a misunderstand about a Federal Disability Retirement application, submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS: that the magic of linguistic compliance will bring about success, as opposed to the compilation and delineation of information needed to meet the legal criteria in a case.

There are no “magic words” or “key phrases” which the Federal or Postal applicant, the treating doctor, or the lawyer representing the Federal or Postal employee, can utilize or include in any Federal Disability Retirement packet, which will ensure or otherwise exponentially increase the statistical variances of being successful in applying for Federal Disability Retirement benefits.  Rather, the “key” to a successful filing of a Federal Disability Retirement application is to compile the necessary and required documentation in order to meet the medical and legal criteria mandated by law, in becoming eligible and entitled to Federal Disability Retirement benefits.

The difference may be somewhat subtle: on the one hand is the misguided approach of thinking that Federal Disability Retirement application-X was successful because it contained certain key phrases and elements, and thus in thinking that a regurgitation and reenactment of those phrases or elements, if used in another Federal Disability Retirement application, will result in an identical outcome.

The proper approach (satisfying the converse grammatical requirement and avoiding the necessity of saying, “on the other hand”) in opposition to the “key phrase” thought, is to recognize that each Federal Disability Retirement application-Y is constituted by unique facts and medical data peculiar to the individual case, but that in the application of those facts and data, compliance with the administrative criteria is somewhat self-reflective. Similarity, however, does not imply successful extrapolation of previously-applicable content from another Federal Disability Retirement application.

That is the mistake which is often made: One success often leads to the laziness of regurgitation; to put it crudely, one can starve by feeding upon the same food within a confined organic digestive system. In the end, a successful Federal Disability Retirement application must not rely upon prior successes, but rather, recognize the uniqueness of each set of circumstances, apply the relevant law to such peculiarities, and argue the evidence in the context of the conveyance of information meeting the statutory criteria espoused by the U.S. Office of Personnel Management in a Federal Disability Retirement application.

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 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 Federal Disability Retirement case.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: The Necessity of Explicit Redundancy

In preparing, formulating and filing for Federal Disability Retirement benefits from the Office of Personnel Management, whether under FERS or CSRS, it is important to submit material, at each and every turn possible and available, which repetitively and redundantly satisfies each of the legal criteria necessary to meet the eligibility requirements as espoused by the Office of Personnel Management.

Whether it is because the Case Worker at the U.S. Office of Personnel Management does not have the time (because of being overworked) to “read between the lines”, extrapolate or otherwise comprehend the implicit meaning of a statement; or the mechanical application of the “7-part” legal criteria is merely performed by comparing and contrasting the listed legal criteria to the substantive contents of the Federal Disability Retirement application — the reasons for the failure to understand the implicit (and sometimes explicit) import of the statements made are irrelevant.

Thus, for example, one would assume that if a medical narrative report states that the medical condition upon which a Federal Disability Retirement application is based, is considered to be a “permanent” medical condition, then one would implicitly understand that such a statement meets the criteria concerning the requirement that a medical condition must last for a minimum of 12 months in order to meet the eligibility criteria under the law.

However, “permanent” does not necessarily mean (apparently) “lasting for a minimum of 12 months”, and whether the interpretation is somehow lost because the words themselves do not perfectly conform, or because there is some nuance of meanings which only OPM is privileged to comprehend, is an irrelevancy.  What is relevant is to meet the legal criteria and the guidelines of the law.  As such, make sure and have the medical provider understand that language used must conform to the letter of the law — literally.

Sincerely,

Robert R. McGill, Esquire