Federal and Postal Disability Retirement: Orchestration

The quality of a piece of music is defined by sound and silence.  It is the former which is focused upon by most individuals; it is the importance of the latter which is ignored, precisely because the negation of X is never recognized as X until and unless its existence is suddenly lacking.  Silence — that momentary pause which allows for sound to pass by in waves of sonorous beauty — is the untouched beach combed by the lapping waves of quietude.

The orchestration of combining each entrance of every instrument, at the precise moment, preceded by pauses of silence, and tapped by the conductor with precision and sensitivity, is the core of a brilliant musical performance. But orchestration embraces such beauty of composition in all walks of life — from the predator silently creeping to pounce upon its prey in the footprints upon grounds which give way with a flicker of silence or sound, allowing for alerting the victim or not; to the composition of a breathtaking novel in coordinating characters, scenes and descriptive metaphors; the ability to coordinate the complexity of singularities into a cohesive whole is the art of orchestration.

And so it is in filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal Worker is under FERS or CSRS. Federal Disability Retirement may seem to be a purely administrative endeavor which has no connection to the beauty of musical orchestration; but it is in the cohesive adherence of law, statement of facts, and procedural preparedness, that the invisible thread of creativity must come to the fore.

One’s Statement of Disability, standing without the law, is insufficient; the argument of the law, without the medical foundation prepared, is merely a hollow voice of reason; and the lack of creating a bridge between one’s medical condition and the positional requirements and essential elements of one’s job, leaves an abandoned castle surrounded by a dangerous moat.

Metaphor is a key to understanding complexities of life; for the Federal and Postal Worker who needs to file for Federal Disability Retirement benefits under FERS or CSRS through OPM, the orchestration of life’s complexities may require a conductor who guides the instruments toward a successful outcome in the preparation, formulating and filing of a Federal Disability Retirement application, whether one is under FERS or CSRS.


Robert R. McGill, Esquire


Postal and Federal Disability Retirement: The Beast of Burden

The burden is undertaken by those have little choice in the matter, but who willingly submit to the responsibility and obligation.  Traditionally, the “beast of burden” (other than being a Rolling Stone song) refers to a somewhat-domesticated animal, perhaps a donkey or an ox, who must bear the weight of man’s work.

In law, the “burden” is one of proof — of the affirmative obligation to present one’s facts, persuasive argumentation based upon such facts, and the application of the relevant law which supports both the facts and the arguments.  The “other side” in the litigation has no burden at all, and can simply sit and do nothing, if he or she so chooses, and see whether or not the plaintiff, the appellant or the Federal Disability Retirement applicant has submitted sufficient proof such that he or she has met his/her burden of proof.

As the weight placed upon a beast of burden is often heavy and demanding, so in a similar vein the litigant who has the burden of proof should always expect to exceed what is “necessary” in any given case.  For the Federal or Postal employee who is filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS, it is indeed a heavy burden to bear in order to meet the legal criteria of a Federal bureaucracy who has the unmitigated power and authority to approve or deny.

The burden of proof — it is as heavy as that which we place upon a beast of burden, and the weight of such responsibility can overwhelm us, lest we have the reserve of strength to plod onward.


Robert R. McGill, Esquire

OPM Disability Retirement: Experience versus Articulation of the Condition

One of the first rules announced in any elementary creative writing course is for the budding writer to “show” the reader through descriptive sentences, as opposed to “telling” the audience what has happened.  The distinction itself is often difficult to describe; it is like the dividing line between light and darkness — we know it is there, but cannot precisely pinpoint the demarcation line.

Similarly, in law, there is a difference between the “facts of the case” and “proving the case“, and indeed, the difference can encounter major difficulties in overcoming the obstacles presented by the distinction (i.e., it is not the proverbial “difference without a distinction”).  Thus, even though one may have all of the facts in favor of one’s case, unless one can prove them (and overcome legal objections, technical obstacles for inclusion and introduction of such evidence, etc.), such an advantageous position may in the end be meaningless unless the articulation of the facts to the jury can be effectuated.

Analogously, in a Federal Disability Retirement application with the U.S. Office of Personnel Management, whether under FERS or CSRS, the fact that one may experience a debilitating medical condition is merely the foundational basis of an effective Federal Disability Retirement application.  Beyond the existence of a medical condition, a series of connecting steps must be established:  treatment of the medical condition; articulation of the medical condition by a treating doctor; a nexus between the medical condition and one’s positional duties with the Federal government or the U.S. Postal Service; information conveyed as to the impact between one’s duties and the medical condition, etc.

In other words, while the experiential value of the medical condition forms the foundational basis of a Federal Disability Retirement application, the articulation of that medical condition in a systematically persuasive vehicle of communication is paramount in “proving” one’s case.  Certainly, experience is the beginning point; but beyond that, one must set about to establish the necessary proof in articulating an experience.

In flying on an airplane, one would certainly rather have an experienced pilot than a brash young pilot who has never flown but who can talk a lot; but in a Federal Disability Retirement application, it is the one who has both — the “experience” of a medical condition, as well as the ability to articulate the condition — which will prove one’s case; and in so doing, hopefully the trip forward will result in minimal engine troubles, and fewer bumps in the administrative ride of filing for Federal Disability Retirement benefits with the U.S. Office of Personnel Management.


Robert R. McGill, Esquire

Postal and Federal Disability Retirement: The Efficacy of an Argument

If a security system is never triggered, can one conclude that it has been effective?  Is the failure of a system more telling than its lack of use?  Can the negation of a fact be used to prove its existence and the validity of a theoretical construct?  Can one argue, See — X did not occur; therefore Y must have occurred?  In terms of pure propositional logic and its internal system of validity, one can conclude that certain logical constructs are on their face invalid and contain fallacies.

This was one of Wittgenstein’s points concerning human language games:  the very self-contained artifice of the universe of meaning possesses no reflective correspondence to the physical world; and, in today’s parallel universe of the Internet, Facebook, Twitter, emails, etc., the technological artifice which encapsulates so much of our lives only serves to exponentially magnify such lack of corresponding significance.

In making legal arguments in a Federal Disability Retirement application, whether under FERS or CSRS, it is often important to understand the context within which the legal argument is being made.  One never knows whether, and to what extent, any particular legal argument is effective; and sometimes all that can be made is the pretext of the argument, and to leave the substantive impact for future application.

For example, does the fact that a person has received a “proposed removal” have the same impact as one who has in fact been removed for his or her medical inability to perform one’s job?  Or, similarly, does a person who receives a VA rating determination of “unemployability” have the same impact as one who is allocated with a 90% disability rating, arrived at through various lesser ratings and combinations thereof?

The effectiveness of any argument will depend upon the level of persuasion employed; the level of persuasion will be contingent upon the validity of the sequential connections of often independent logical statements; and the force of a conclusion will be determined by the strength of its weakest link.  If an argument of negation must be employed, take care to do so by linking it to an undeniable fact.

Sincerely, Robert R. McGill, Esquire

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