Context, Content and Vacuums in Federal Employee Disability Retirement Applications

Vacuums constitute space devoid of matter.  In the practical world, the mechanical tool used for removal of unwanted substances merely moves matter from one location to another; in theoretical physics, one encounters complex conceptual discussions which will often involve comparative analysis of partial vacuums in relation to pure vacuums.  Discussions involving vacuums, where a proper context is important in understanding the relational significance of subjects focused upon, and the incomprehensible vacuity of meaningless occurs when conceptual connections are lost because context and substance lose their connective importance.

In the context of filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS, too much focus and attention upon peripheral matters, outside of the context of medical conditions in their relationship to positional duties and essential elements of one’s Federal job, will often create a vacuum of significance.

Context is always important; but the extent of detail required, and necessity of issues to be discussed, and the quantitative value of documentation and evidence submitted, may well prove to attain an opposite effect from the one intended. Unintended consequences resulting from intended actions are to be expected in daily life; but where one has decided to pursue an administrative and bureaucratic process where submission of the evidence can be thoughtfully controlled, it is always important to coordinate the relationships between context, content and vacuums.  The descriptive context of an OPM Disability Retirement application; the substantive content of the evidence to be submitted; and the vacuum created by placing evidence in one part of the Federal Disability Retirement application but leaving it omitted from another, results in the intended whole of an effective Federal Disability Retirement packet.

All Federal Disability Retirement applications are filed through the U.S. Office of Personnel Management, whether one is under FERS or CSRS, and because the agency which reviews, approves or denies a Federal Disability Retirement claim is different from the one which originates with the source (with the exception of the injured Federal Employee who actually works with OPM, which can of course happen and has happened), it is important to consider the connective relationship between context, content and vacuums created, both in practical life, in theoretical physics, as well as in the preparation, formulation and filing of a FERS Disability Retirement application.


Robert R. McGill
OPM Disability Attorney


CSRS & FERS Medical Disability Retirement: Ockham’s Razor

Ockham’s Razor is a principle of economy; in its various forms and historically evolved attributes, the formulation of lex parsimoniae involves the idea that, where there are multiple competing theories and paradigms in explaining a phenomena, issue, or working hypothesis, one should always choose the least complex delineation — the reason being, superfluous and extraneous material generally lead to complications which rarely add to the foundational essence of the paradigm.  To put it in an alternate form:  Keep it simple.

Thus, 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 always important to follow the principle underlying Ockham’s Razor:  Keep to the core and essence of the case; focus upon the nexus between one’s positional duties and the medical condition which one suffers from; weave a consistent theme; check for inconsistencies; and always maintain the simplicity of the case, while avoiding and disregarding extraneous factual issues which, while they may be personally of importance or of special aggravation, should be left out because they unnecessarily complicate matters.

FERS & CSRS Disability retirement and the obtaining of an approval is the goal to focus upon; all else should fall by the wayside, cut loose by the sharp blade of Ockham’s razor.


Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: An Aristotelian Approach

Aristotle’s Nicomachean Ethics has been the primary foundation for the Western paradigm of proper behavior in philosophy.  Quite distinct from his obtuse Metaphysics, the ethical framework of Aristotle takes a pragmatic, almost Confucian approach to correct behavior — balancing context, temperament, timing and correct behavior in formulating a modulated encompassment of how one should act.

As with all things in life, there must be a “balance” — and a recognition that time and relative context of affairs must be taken into consideration before one should act.  In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether one is under FERS or CSRS, one must similarly recognize that there is an insight into the balance of life before one can proceed with any action, whether it is an administrative action before the U.S. Office of Personnel Management, or before one’s own agency.

A Federal Disability Retirement application must be “proven”; as such, there is a distinction to be made between that which one “experiences”, and that which one can “prove”.

In such a context, sometimes a medical retirement packet may take some time in order to fully develop and evolve.

Doctors may not be able to be approached immediately; instead, at the right time, and in the right manner, they may be willing to provide the necessary medical and professional support in order to make one’s Federal Disability Retirement case successful and productive.

The pragmatic approach which Aristotle used in his ethics is still relevant today:  at the right time, in the proper context, and taking into consideration the temperament of others.  In this way, success can be attained by possessing an insight and wisdom into the world of human affairs.  This was the approach of Aristotle; and so it was with Confucius.


Robert R. McGill
FERS Disability Attorney

Medical Retirement for Federal Workers: Facts, Proof & Truth

In a perfect universe, the conceptual distinction between facts, proof & truth would be non-existent:  facts would in and of themselves prove X, and the truth of the factual proof would be self-evident.  But this is neither a perfect world, nor one in which recognition or acknowledgement of true, proven facts are conceded easily.  Other human factors intercede:  self-motivation; possible unspoken quota system (did he really say that?); misapplication of a standard or legal criteria; lack of knowledge; lack of training to be able to recognize the distinction, difference, and intersecting significance of the three, etc.  As such, because we occupy an imperfect world, it is important to understand the conceptual distinction between the three.

In preparing, formulating, and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, many Federal and Postal employees approach the administrative process of filing for Federal Disability Retirement benefits as if merely stating the “facts”, however compelling and substantively emotive, will “prove” the “truth” of the applicant’s statement of disability. But “facts” are merely the substratum (to borrow Aristotelian language) of the methodological process of effective argumentation; they must be proven to the Office of Personnel Management, and such proof must be persuasive to a level where the reviewing individual at OPM is persuaded of the truth of such proof.

The key to persuasiveness, of course, is argumentation; and argumentation must involve validity based upon an objective methodology, a logical and sequential statement of relevant facts, and (in the case of an administrative process such as Federal Disability Retirement) reference to statutes, regulations and case-law which provide the foundational reference-point for establishing eligibility.  Human beings are by definition imperfect constructs.  Slightly above the apes (although that is debatable), and certainly lower than the angels (that is not in dispute), one must therefore recognize that facts must be proven, and the truth of such proven facts must be asserted.


Robert R. McGill, Esquire

Federal & Postal Disability Retirement: Credibility (Part II)

Ultimately, then, credibility of a FERS or CSRS Disability Retirement application will often come about based upon an initial perusal and superficial, “first-time” look at a Federal Disability Retirement application under FERS or CSRS.  That is why it is often important to thoughtfully and sequentially place information in a methodological, coherent manner. That is why superfluous, peripheral material, opinions, statements from non-medical third parties, etc., should be kept to a minimum, at least in any initial attachment.  Now, if it is thought to be necessary and if it is determined to be helpful additional information, then an addendum attachment, or perhaps an attachment chronologically listed as “additional helpful information” can be part of the packet.  However, it should be clearly identified as such, and even the “additional information” should be streamlined, coherently structured and qualitatively and selectively utilized.  Remember that the essence of a Federal Disability Retirement case is the interconnection between a person’s medical condition and the type of work which one engages in.  As such, aside from the personal “I” statement, the medical reports and records should be the central focus.


Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Credibility (Part I)

The credibility of the Applicant’s Statement of Disability (Standard Form 3112A both for FERS & CSRS employees) is crucial to obtaining an approval for a Federal Disability Retirement application.  Remember, first and foremost, that the personal pronoun “I” is being used — and should be used.  As such, one’s integrity and personal credibility is put to the issue.

While descriptive delineations of one’s symptoms are important, with appropriate adjectives to convey the extent of the subjective symptomatologies experienced, remember that exaggeration is the undermining element which can unravel a Federal Disability Retirement application, and ultimately reflect with harm upon one’s integrity and credibility.

Truth should always be the guiding principle; but perspectives are accepted in the conveying of such truth.  Remember that Pontius Pilate asked the famous question, “What is Truth”?  In asking the question, he never stopped to consider the answer; instead, he asked it in a rhetorical fashion, without regard to the truth.

Truth is important; being truthful is essential; and beyond this, correspondence of truth with the medical records and reports is the coherent package which will win in a disability retirement packet.


Robert R. McGill, Esquire

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