OPM Disability Law: The Fatigue of Profundity & Requirement of Repetition

Profundity is overvalued.  With the advent of the internet and information technology, the widespread dissemination of seemingly esoteric array of knowledge and know-how (yes, there is a distinction with a difference between the two), everyone is vying for the heard voice, and the break-out from the herd.  One becomes easily fatigued by seemingly deep insights, or “new” data and facts upon otherwise mundane concerns.

Repetition is considered as a trait of boredom; but the longer one lives, the more one recognizes that there is truly little new under the sun, and the apparent newness of X is merely a regurgitation of the old Y of yore.   But repetition does have its own uniqueness of value, and inherent strength of significance.  For, often, a person who turns the same corner as thousands, and tens of thousands before, may be encountering the next block for the first time, and what those before him or her did has little to no significance to the epistemologically privileged experience for that singularity of uniqueness.

Thus, for Federal employees and U.S. Postal workers who experience a medical condition, such that the medical condition begins to impact one’s ability and capacity to perform the essential elements of one’s job, the knowledge that many, many Federal and Postal employees before were able to file for, and get approved, Federal Disability Retirement benefits through the U.S. Office of Personnel Management, so long as one is under either FERS, CSRS or CSRS Offset, the comfort of which one may partake rests in the fact that one is not alone; yet, it is not purely a “repetition” of sameness but a genus of similarity; for, as each medical condition and every circumstance reveals a uniqueness which must be dealt with individually, so each Federal Disability Retirement case must be handled with care.

At the same time, however, it is of value to recognize that repetition of relevant laws, statutes and regulations, cited in the ordinary course of preparing an effective Federal Disability Retirement application, is necessary for success in obtaining the benefit.

From the standpoint of OPM, the fatigue of profundity comes in failing to view a particular case with “new eyes”; from the viewpoint of the Federal or Postal worker who is filing for Federal Disability Retirement benefits for the first time, it is the inability to recognize the requirement of repetition which often results in an ineffectual formulation of one’s case.

Sincerely,

Robert R. McGill, Esquire

 

Federal Worker Disability Retirement: Effective Repetition

Repetition is an effective tool in any writing forum, if the audience to whom such repetitive tools are directed, is taken into account.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the repetitive restatement of specific medical conditions, the symptoms exhibited and manifested over the years, the impact upon certain elements of both one’s positional duties and daily living activities from the medical conditions themselves, etc. — all can be effectively stated throughout the Federal Disability Retirement application itself.

For, repetition can also produce the appearance of consistency; and when the same or similar phrase or concept is repeated in different documents — in the applicant’s statement of disability; in the doctor’s narrative reports; in the Supervisor’s Statement; in the medical office notes and progress notes; such repetition reveals a consistency of terms, which reflects a reality of chronicity as to the state, severity, and nature of the medical condition and its impact upon one’s ability or inability to perform one or more of the essential elements of one’s job, which is what must be proven in a Federal Disability Retirement application.

That is why the order and sequence of what to write, when to write it, and what to wait for before writing one’s Applicant’s Statement of Disability (SF 3112A) is important.

Sincerely,

Robert R. McGill, Esquire