Medical Retirement Benefits for US Government Employees: Word Usage

In any endeavor involving a “paper presentation” to a third party, it is important to be fully aware of word-choice and word-usage.  An overuse and overabundance of descriptive adjectives can undermine the efficacy of a presentation; the flow of sentences, the logical connections between statements, and a conclusion which follows from the major and minor premises of an argument — all in composite and aggregate form, create an impression of a linguistic Leviathan which is formidable, and thus unable to be countered.

Obviously, the facts and evidence which provide the foundation of an argument count for much.  There is the old adage that, when a lawyer possesses no persuasive facts, he argues the law; if the law fails to support a client’s innocence, he argues the maudlin facts; if neither supports proof of the innocence of the client, then he merely blusters and argues.

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 recognize that the Disability Retirement packet is a “paper presentation” to the U.S. Office of Personnel Management.

You will not be meeting with anyone.  You will not be given an “in-person” interview, where one’s charm, charisma and personality may provide the persuasive foundation for an approval.  Rather, it must be by the sheer convincing force of one’s logic, methodology of argumentation, facts presented and the persuasive nexus between one’s medical condition and the essential elements of one’s job — based upon the choice of words and the application of expanding conceptual constructs.  An inadvertent use of a word may become the weak link to such a paper presentation.  Those times when you should have been listening to the English teacher in Grammar Class — it mattered.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: “If Only They Understood”

Preparation of a paper presentation to the Office of Personnel Management must result in a product which is concise, effective and persuasive.  

The last term of the tripartite phrase, “persuasive”, is often the most difficult for the Federal or Postal employee, whether under FERS or CSRS, to objectively assess in a neutral, non-involved manner.  This is because the unrepresented Federal or Postal employee who attempts to prepare, formulate and file a Federal Disability Retirement application under FERS or CSRS is identical to the subject of the prepared application, and thus often has the approach and attitude of, “If only the case worker at the Office of Personnel Management knew what I am going through.”

Persuasion, the art of persuasion, and effective persuasion are comprised of a delicate balance between saying too little and overstating a case.  It is the ability to convey a state of facts which are confirmed by the medical records; involving a narrative which touches upon empathy, sympathy and a sense of pain or condition which the reader and recipient can somehow relate to; constrains ancillary issues which tend to detract from the central point of the narrative; and concludes with the idea that all of the “legal criteria” have been met.  

Obviously, it is through the power of words which such a persuasive Federal Disability Retirement application, submitted to the Office of Personnel Management, must be presented.  When the subject of the words is identical to the author of the words, the emotional turmoil is often mis-directed in the preparation of the Federal Disability Retirement packet.  

In the end, “if only OPM understood” — can become a reality if and only if the applicant understands first the objective legal criteria which must be met; then proceeds to meet those criteria in a systematic, detached manner; yet at the same time understanding the power of persuasion.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: Agency Actions Are Merely Persuasive

Whether it is one’s own agency which acts, or some third-party agency, the effect of such actions upon a Federal Disability Retirement application under FERS or CSRS is merely persuasive, and not determinative, from the viewpoint of the Office of Personnel Management, whether under FERS or CSRS.

Such actions may include:  Disqualification based upon a medical condition, whether because of the primary, underlying medical condition, or a secondary condition resulting from a prescription medication; determination by the Agency based upon a fitness for duty review; failure to pass certain physical fitness standards; declarative statement by the Agency that no accommodations can be accorded, whether because of one’s medical condition or other influencing factors; a conclusion reached by an Occupational Nurse or doctor; acceptance of a case by OWCP, Department of Labor; approval by the Social Security Administration, the Veterans Administration, etc. — all of these “third party” determinations can be persuasive for a Federal Disability Retirement application, but are not necessarily determinative in coming to a conclusion of approval by the Office of Personnel Management.

Why “persuasive” as opposed to “determinative”?  Because of two fundamental reasons:  (1)  The Office of Personnel Management is an independent agency, mandated by statute, regulation and case-laws, to make its own determination of eligibility of each Federal Disability Retirement application, separate and apart from any other agency, and (2) such agencies which make such determinations are not medical facilities (although a doctor or nurse may have some involvement in the decision-making process), and this is ultimately a “medical” disability retirement, and not an agency retirement system mandated by law.

As such, one must still prove by a preponderance of the evidence that one is eligible for Federal Disability Retirement benefits, based upon the nexus between one’s medical conditions and one’s essential elements of the Federal or Postal job.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Legal Standard & Persuasion

There is a distinction between the existence of a legal standard and the citing of such legal standard — to include statutory references, case-law citations, etc. — and the art of persuasion.  In reviewing Federal and Postal Disability Retirement applications which have been previously prepared, formulated and submitted by unrepresented Federal and Postal employees, which have been denied, it is often refreshing to see how laymen (i.e., “non-lawyers”) have utilized cases and case-law citations (often straight from some of my articles and blogs) in arguing his or her case. 

The problem with such an approach, however, is that the unrepresented Federal or Postal employee will often refer to such legal standards without engaging in the necessary art of persuasion.  Legal standards are certainly there to be used; however, there is a proper way and methodology of utilizing legal standards, and an improper way.  The improper way is to use the legal standard as a hammer — of stating:  X exists and states Y, therefore you must conclude Z.  The proper methodology in utilizing a legal standard is to engage in the art of persuasion:  X exists, and X determines why Y must come about, and therefore Z should be the logical conclusion, and here are the reasons why. 

Normally, I advise against non-lawyers using the law precisely because of the potential mis-application of the methodology.  Leave the law to lawyers; that is why lawyers are hired.

Sincerely,

Robert R. McGill, Esquire