OPM Disability Retirement: The Paper Presentation and the Nuance of Language

Whether through illiteracy or the natural evolution of our language, it is becoming more difficult to convey meaning through the vehicle of language. Text messaging; grammatical irrelevance; lack of widespread rigor in linguistic disciplines; and the legal profession pushing to bend the outer limits of what language allows for — these are all contributing factors to the changing face of the English language.

Paper presentations present a peculiar problem, however, in that the words conveyed can be reviewed and re-reviewed multiple times by the reader.

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 strive for precision, clarity, and focus upon the centrality of the issue, and not to deviate too far from the essence of one’s narrative form.  Nuance may be effective in love letters; it is rarely of value in formulating a Federal Disability Retirement application.  The causal connection between one’s medical conditions and the essential elements of one’s duties must be firmly and clearly established.

There is no singular “technique” in putting together a Federal Disability Retirement application, other than to prove by a preponderance of the evidence that which is necessary in meeting the applicable legal criteria.  It is a genre in and of itself, requiring technical competence and expertise.  Not the time for a “hit or miss” approach; a paper presentation, with inherent problems of potential scrutiny, must be conveyed with conceptual constructs of clarity.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: The Problem of Coordination

The world of language is a peculiar universe of artifice; while comparisons to other primates may provide indicators for the origin and foundational beginnings for the evolution of language in order to better understand where we came from and how we came to be where we presently are — it is the complexity of the present which confounds and amazes.

The conceptual constructs of language lends itself to misunderstanding, misinterpretation, and misuse; as precision is no longer a standard of usage, so malleability of language now lends itself to clever tricks in order to avoid commitments, breach contracts, and take advantage of unsophisticated opponents.  Thus, the classic statement:  “It all depends upon what the meaning of ‘is’ is”.

In a Federal Disability Retirement application before the U.S. Office of Personnel Management, whether under FERS or CSRS, the compilation and coalescence of differing language games (to borrow a Wittgensteinian phrase) must be presented:  Language of the lay person (the Federal or Postal worker who is filing for Federal Disability Retirement benefits); language of the medical profession (doctors’ reports, technical diagnostic test results, office notes, etc. must be submitted); and legal jargon (legal citations and arguments should also be garnered for support).

Once gathered, the various components of the tripartite language games must somehow be made to complement each other.  This is indeed a difficult task, as each language game constitutes a self-contained artifice of complex meanings.  But coordination of the three spheres of linguistic artifice is key to a successful outcome.  To do this, one must take on the role of being a technician, a conjurer, and a pseudo-artist all at once — in other words, to juggle the three balls such that one may understand that what “is” is indeed that which is and is not.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: The Nexus

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 the nexus — the connections which are made between any two or more issues, concepts, evidence, etc. — which raises a Federal Disability Retirement application to meet the standard of required proof under the law. Such connections to be made are vital, and determine the success or failure of a Federal Disability Retirement application.

We have all encountered eccentric individuals in our lifetimes — whether of the proverbial “batty-aunt” who talks incessantly about things which nobody understands; or the “flighty friend” who can talk a mile-a-minute about a thousand disconnected issues all in one breath; or perhaps it is a chance-meeting with a stranger who, after a long conversation, one realizes didn’t make a bit of sense in anything that was said.  In conversation, one can engage in such language games which have little to no correspondence to reality, and not have to pay a price for such engagement.

In the world of Federal Disability Retirement, failing to make the necessary connections will most certainly lead to a denial of a Federal Disability Retirement application.  Thus, the persuasive connection between one’s positional duties and the medical conditions; the argumentative connection between the prevailing law and one’s factual statements; the impacting connection between the medical reports and the entirety of the submitted case; and multiple other connections — each must be carefully crafted.

In a world where we come upon a “noumenal” world (as Kant would state), and where our cognitive categories organize the disparate world we discover, establishing the necessary nexus between X, Y & Z is something which the Federal Disability Retirement applicant should never overlook.

Sincerely,

Robert R. McGill, Esquire