If there is a legal argument to be made, make sure that it is applicable; further, it is important to distinguish between the necessity of making a legal argument, as opposed to allowing the facts to speak for themselves, and the medical reports and records to establish the necessary proof by a preponderance of the evidence.
In administrative law, and specifically in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the “applicant” (the one filing for Federal Disability Retirement benefits, whether as a Postal Worker or as a non-Postal, Federal Worker) has the advantage of thoughtfully compiling the material, documentation, legal memorandum, narrative reports, and the entire compendium of proof necessary to meet the legal requirements of eligibility, and therefore entitlement, to Federal Disability Retirement benefits.
It is essentially a “paper presentation” to the Office of Personnel Management. As such — because the applicant is able to take the necessary time and effort at the front-end of the process to prepare a compelling case, it is important to “pick and choose” the viable legal arguments to be made.
Sometimes, facts can speak for themselves, and there need not necessarily be a legal case to support the facts. Other times, the medical report and records can meet the legal requirements, without citing a specific statute or case-law. Then, there are applicable legal arguments which must, and should, be made, if merely because one should assume that OPM will not recognize the legal requirements unless aggressively informed about it.
In making such legal arguments, however, don’t undermine your own case unless you know what you are talking about. Better to remain silent on matters not known, lest you reveal your lack of knowledge on the matter.
Sincerely,
Robert R. McGill, Esquire
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Federal Disability Retirement: Formulating an Effective SF 3112A
The “heart of it all” is… The medical report will provide the substantive basis; a supervisor’s statement may or may not be helpful or useful at all; legal arguments will certainly place the viability of the application for Federal Disability Retirement into its proper context and arguments which touch upon the legal basis will inevitably have their weight, impact and effect upon whether one has met by a preponderance of the evidence the legal criteria required to be eligible and entitled. All of that aside, the SF 3112A — the Applicant’s Statement of Disability — is where the heart of the matter resides in preparing, formulating, and filing a Federal Disability Retirement application under FERS or CSRS.
If a Federal or Postal employee is unsure of what to state, how to state it, or how much to reveal and state, that becomes a problem. For, ultimately, the proper balance must be stricken — between that which is relevant as opposed to superfluous; between that which is substantive as opposed to self-defeating; and between that which is informational, as opposed to compelling. Formulation takes thought and reflection. Yes, the SF 3112A — the Applicant’s Statement of Disability — is the heart of it all.
Sincerely,
Robert R. McGill, Esquire
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