Attorney Representation for OPM Disability Claims: Tone and tenor

In music as well as in grammar, the first word remains somewhat constant, in that it refers to the sound itself – how it sounds, the decibel level, the texture and coherence, etc.  Between the two, it is the tenor that alters, for in music, it refers to the male voice intermediate between the bass and the alto, while in grammar it is the content and substance of that which is said.

Thus, in either manner of usage, whether in music or in grammar, the combination of both is a bifurcated distinctiveness that goes to the duality of the following:  How it is being played or said, as opposed to what is being emitted or posited.  Both in verbal communication, as well as in written delineation and presentation, each are important.  In the former, one can often modulate the first upon the second, and even adapt the second in order to “soften” the first.

Thus, a person might say, “Go take a hike” in an angry, unforgiving manner, and the words spoken are consistent with the tone granted.  Or, one can say it in a joking, soft-spoken manner, and suddenly the tenor of the words take on an entirely new meaning – for, no longer do you actually mean the words themselves, as in “Please go away, I don’t like you and I don’t want to see you”; rather, stated in the second manner, it can simply be a cute retort, a friendly quip or a joking gesture.

In writing, however, one must be quite careful – for the tone of a sentence is encapsulated within the tenor of the written statement; the two, being entangled by the written mode of communicating, can easily be misinterpreted unless carefully crafted.  That is why texting, emailing and other written modes of delivery can be dangerous vehicles easily misunderstood and taken with offensive intent that otherwise was meant in a different manner.

The “tone” of a written sentence, paragraph or page must be intimately woven with the context of the “tenor” presented; and how the reader or recipient reads it, what internal “tone” is ascribed, can be misguiding.

For the Federal employee or U.S. Postal worker who must prepare an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the tone and tenor of a Federal Disability Retirement packet is important to consider.

Will a somewhat “third-person, objective” persona be assumed?  Will the SF 3112A, the Applicant’s Statement of Disability, be presented in a cold, clinical manner, where the tone is set “as if” someone else is describing the personal issues of the medical conditions, as well as their effect upon the Federal or Postal employee’s capacity and ability to perform the essential elements of the Federal or Postal position, or will it be more likened to a weeping bundle of hysterical cries begging for approval, or even closer to an angry shout that deafens the ears of the U.S. Office of Personnel Management’s assigned “specialist”?

Tone and tenor need to be decided upon early on in preparing, formulating and filing an effective Federal Disability Retirement application, and it may well be that consulting with an attorney who specializes in preparing such applications will ensure the proper modulation in both the tone and tenor of an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The title itself

Sometimes, it is good to go “back to the basics”.  Throughout these blogs for these past and many years, the attempt has been to relate common everyday experiences and life’s challenges to the Federal employee and U.S. Postal worker struggling daily to maintain one’s career and to extend a career in the face of a medical condition.  Yet, the primary focus has always been to try and remain informative; to give some sense of the process of filing a Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Sometimes, however, the title itself is sufficient, and one does not need the additional analogy, metaphor or “connectedness” to try and understand the process, and instead, all that is required is the title itself.

OPM Disability Retirement is a “medical” retirement.  It is based upon a medical condition that prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job.  Yes, it can be a very, very complicating process, especially because there are potential pitfalls throughout the multiple administrative steps.  At each step of the procedural paths, there may be legal consequences that may not be correctible once the Federal Disability Retirement application has been submitted and a case number has been assigned at Boyers, Pennsylvania – i.e., a “CSA number” that begins with the number “8” and ends with a seemingly irrelevant “0” appended as the last of series of numbers.

Aside from the inherently complex questions posed on SF 3112A, Applicant’s Statement of Disability, the initial question that one must face and answer is (A) Whether, as a practical matter, Federal Disability Retirement is worth it, and (B) Whether there is a good chance to become eligible for it.

As to the first question, the factors that must be considered are: One’s age (for, at age 62, all disability annuities are recalculated based upon the total number of years of Federal Service, including the time that one is on Federal Disability Retirement, and as it now takes at least a year to get approved by the U.S. Office of Personnel Management, the question needs to be asked as to how old one is, how close one is to reaching regular retirement, and whether one can last until such age of retirement and the accrual of enough service computation years of Federal employment, etc.), how many years of Federal Service, and whether the Federal agency or the Postal Service is threatening to proceed with termination or separation.  And as to the second question, issues concerning the type of medical condition, the severity, the impact upon the Federal or Postal positional duties, the extent of support, how much reliance of such support is based upon a VA disability rating, and multiple other factors.

The “title itself” is often quite simple; it is the subtexts, the parenthetical unknowns and the hidden potholes along the road to filing a Federal Disability Retirement application (here we go again with the analogies and the metaphors) that makes for a complex and complicated journey.  But, then again, hasn’t that always been the case throughout life – facing the title itself that seems simple enough, but finding out that it is a bit more difficult than first thought?

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement for Federal Employees: Conspiracy of life

Tabloids lead us to suspect it; odd coincidences force us to confront it; and the amassed aggregate of life experiences allow us to consider seriously the implications of it.  Are there such deliberative interconnections that make seeming chance encounters more than the arbitrary clashes of random events, such that they are planned, coordinated and precipitated by human activity beyond mere statistical anomalies?

If the creation of the natural world can be acceptably explained by evolutionary forces without a grand designer of some relevant intelligence quotient, and if randomness can be explicated by instinctive forces based upon a genetic predisposition for survival, then certainly the conspiracy of life can be readily accepted.

Often, we dismiss and refute sequential events that “could only happen” with some modality of deliberative intent, with a dismissive declaration of, “Naw…it just couldn’t be…”   Yet, we believe in those inane, proverbial truisms, like – “When it rains, it pours”, as events seem to come in bunches, bad luck follows upon acts violating superstitious conduct defying the supernatural, and we still try and avoid making major life decisions when the stars become misaligned during a winter solstice.

And so we remain careful when coming upon the path of a black cat, or refrain from making major life decisions on those Fridays which fall upon an unlucky number; and, beyond, believe that a conspiracy of life may yet manage to subvert, pervert and preemptively undermine the dreams we dream, the fantasies we pursue and the follies we hope for.

For the Federal employee and U.S. Postal worker who suffers from a medical condition, such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of the Federal or Postal position, it is not a far stretch to conceive of, believe in and otherwise suspect a conspiracy of life – precisely because Federal fiefdoms and Postal power-centers are replete with bands of marauding rogues whose sole purpose in life is to harass, intimidate, make life miserable and force the issue of “who is boss”.

Little people with evil souls tend to congregate in places where the frustrations of a personal life spill over into the professional arena of employment contexts.  Always remember, however, the singular focus in preparing an effective Federal Disability Retirement application:  To have it approved by the U.S. Office of Personnel Management.

Thus, if you get “drawn in” to the tangents by invitation of the conspiracy of life, you may regret the wayward course and the detour compelled by losing your way, direction and compass-driven focus that should guide you to ignore those unverified and arbitrary chance events as depicted in superimposed photographs besides outlandish editorial exclamations seen and surreptitiously viewed while standing in line at the grocery store.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Medical Disability Retirement: Language Decoupled

The correspondence theory of truth has long since been abandoned; whether by congruence or of fair representation, the classical model dating back to Plato and Aristotle has been replaced by Wittgenstein‘s description of “language games“, which really possesses no reflection upon the objective world which surrounds us “out there”.

With the advent of virtual reality; the blurred distinction between truth and falsity as merely words in play; and Bertrand Russell’s playful destruction of any such theory with the singular statement, “The King of France is bald” (where the truth or falsity of such a statement cannot be questioned, despite there being neither a King of France, nor a determinative value of validity as to his baldness).  Yet, somehow, congruence and correspondence refuses to die outright.

Truth and falsity lives on, like the last vestiges of royalty or lineage of blood, where the twilight of history raises the final flag of rebellion and resistance. Whatever the historical tenacity of such movements, language can never be decoupled from the anchor of reality.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of the Federal or Postal job, the reality of connection between one’s medical condition and the need for an accurate description, through words, of the symptoms and diagnoses, cannot be overstated.  This is also true of preparing an effective Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or even CSRS Offset.

Language decoupled becomes an ethereal vestige of residual meaninglessness; an accurate depiction of reality, through the strength of words and language, cannot ever be cast aside.  For, as language is the vehicle of interpretation and communication, so the abandonment of that modality would result in the destruction of human progress on a scale unimaginable within the purview of history’s epochal dawn.

For Federal employees and U.S. Postal workers who need such a vehicle in order to prepare, formulate and file an effective Federal Disability Retirement application with OPM, the very idea of language decoupled would mean the defeat of an OPM disability retirement application at the outset; for it is the very coupling of one’s medical condition to the positional duties required, which proves beyond a preponderance of the evidence that the Federal or Postal employee is eligible for Federal Disability Retirement benefits, and it is the effectiveness of language itself which is the vehicle of that successful enterprise.

Sincerely,

Robert R. McGill, Esquire