Federal Worker Disability Retirement: Understanding the Other

Leo Strauss was a noted philosopher who taught for many years at the University of Chicago.  His works have a common thread throughout:  to understand the works of others as the “others” understood themselves, and not from a modern perspective.

In that sense, he taught that the historicism of individual philosophers was important in attaining a proper knowledge of one’s past; and while there are transcendent principles evident throughout various systems and methodologies of philosophers, how each understood in the context of one’s historical period was the proper manner to approach the history of philosophy and political thought.

Such an approach teaches us to neutralize the arrogant and condescending perspective of the modern mind — that the “present” way of thinking is superior to all that has occurred previously, and that somehow we can judge our past as merely a continuing contribution to our current mode of thinking.

By analogy, one can relate to Strauss’ approach in terms of pain and present circumstances.  How does one convey to a healthy person the human condition of one who suffers from a medical condition?  Without a proper approach, if the third person merely looks at it from their “point of view”, then cynicism and doubt would naturally prevail.

One can argue, of course, that the reviewer at the U.S. Office of Personnel Management who analyzes each Federal Disability Retirement case will merely apply an algorithm of “the law”, and thereby transcend one’s personal viewpoint.  But that was and continues to remain Strauss’ point:  one must be trained in how to view the “other’s” perspective by extinguishing personal influences and viewpoints.  Only in this way can one achieve a level of objectivity in analyzing a case, and to bypass the historicity of one’s limited world.

For the Federal or Postal employee contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is always important to be able to touch the soul of that person to whom one is applying.  That faceless bureaucrat who will be reviewing one’s application — whether properly trained or not — the key will be to choose the right approach, depending upon one’s unique circumstance, and by describing a compelling case through persuasion and legal argumentation, and thereby forcing the transcendence of the limited perspective of the reviewer.  Thus would Strauss have been proud.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: Relevance & the Intended Audience

Relevance within the context of a particular subject can branch out into parallel areas of substantive issues; thus, it may be “relevant” that in Set-X, subset a,b,c…w be included in the discussion of the  primary issue.  But relevance may not be the proper criteria to apply; rather, it may be important to consider the “intended audience” in an effort to tailor, streamline, and make succinct that which can become potentially unwieldy.

In a Federal Disability Retirement application submitted to the U.S. Office of Personnel Management, whether under FERS or CSRS, the compilation of the evidence needed in order to prove by a preponderance of the evidence that the Federal or Postal employee is eligible for Federal Disability Retirement, will necessarily involve the selective customization of the evidence to be presented.

One can argue, in compiling a case, that everything is “relevant” — from one’s history of a personal nature (which then resulted in one’s education, one’s background, how one came to become a Federal employee, etc.), to the historical genesis of one’s agency (to the extent that the Federal Disability Retirement applicant’s involvement and intersection with the agency came into being); and many other “relevant” facts.

By such logical connections, one can argue that every event which occurs around the world has some logically relevant connection to every Federal Disability Retirement application.  Obviously, such an approach would be absurd, and ultimately untenable.

How to temper the inclusion of all that is “relevant”?

Always keep in mind the intended audience of one’s submission.  Then, ask yourself the questions:  What is the intended audience seeking?  Will this information help or obfuscate the main point of my application?  Will the intended audience have the time to read through this corollary issue?  And many other similar questions.

Questions are asked not only to seek unknown answers; they are also pointedly applied in order to self-correct the potential pitfalls which the questioner may be advocating.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: The Narrative & the Audience

Anton Chekhov’s short story, “Grief”, is often accompanied by a subtitle, variously interpreted as, “To whom shall I share my grief?”  It is both about the need inherent in human nature to tell one’s story of grief, as well as the cold, unreceptive world which has no time to hear the story.

As the horse-driven cab picks up various passengers and fares, it becomes clear that the audience to whom the father’s grief must be told, is characterized as unfeeling and uncaring towards a man who has experience a tragedy in life.  It is thus the search for the proper audience — and how the narration must be told, in the right manner, at the proper time, within the appropriate setting.

That is how all stories must be told, including a Federal or Postal Worker’s statement of disability, as formulated on Standard Form 3112A in a Federal Disability Retirement application, submitted to the U.S. Office of Personnel Management.  It is with a heightened sense of sensibility that one must put together the narrative form, with a view towards the audience; what facts and minutiae should be included; with a coherent beginning and an appropriate ending; where to begin and when to end; what details should be included, such that it does not divert one’s attention from the centrality of one’s story; all of this, and much more.

Chekhov teaches us much in his writings; how we apply it in our every day lives is left to the reader — his audience.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: Clarity and Conciseness

One can be completely clear in a statement, yet convey the information incorrectly.  Clarity of statement is merely the vehicle for precision; the substance of the information itself is a separate matter.  The problem with the former is that, it is often mistaken for comprehension by the conveyor.

Rambling, convoluted run-on sentences (yes, we all should have taken note and paid attention during those early grammar lessons) may be perfectly understood by the writer of such garbled conceptual constructs; but it is always the targeted audience which must be kept in mind when one’s goal is clarity of thought.  As for the latter, the substantive information must be screened and streamlined; volume of information in any endeavor cannot replace succinctness and precision of thought.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, clarity and conciseness in preparing (especially) one’s Statement of Disability is crucial in attaining the success of one’s goal:  an approval of Federal Disability Retirement benefits from the U.S. Office of Personnel Management.

Volume of information should not replace a well-prepared, concise disability retirement packet; and lengthy narratives will not undo the meanderings of imprecise connections between one’s medical condition, the positional duties one engages in, and the nexus between the two.

Sincerely,

Robert R. McGill
OPM Medical Disability Attorney