It used to be that social conventions, customs, values and mores were deemed inviolable and unchangeable; then, when Western Philosophy realized that complex problems and conundrums could be solved by merely tinkering with language, and that the elasticity of linguistic anachronisms were far more susceptible to alterations than attempting to modify human behavior, all such problems disappeared, and the utopian universe of studying one’s own navel was established.
Whether such creation of a virtual reality and parallel universe will result in the expected quietude and peace of the human condition; and whether linguistic latitude satisfies the bubbling undercurrent of human query, only time and eternity will reveal.
Lawyers probably had a lot to do with it. Lawyers, on the whole, believe fervently that language is the greatest and most powerful of tools. Look at the legislative branch of local, state and Federal governments; who populates them? Why lawyers? Because by going to the heart of the entire process, and controlling and advocating for the statutory language at its inception, one can assert and dominate with the greatest of powers: the power of language in the law. But what of reality? The reordering and reorganization of one’s life cannot always be accomplished by the mere changing of wording, or by redefining what one believes in.
Sometimes, there has to be a substantive reordering of one’s life. One cannot redefine what illness or medical disability one must face, and expect that a material change will occur.
For Federal and Postal employees who must face a medical condition, such that the medical condition has impacted one’s vocation and livelihood, the duality of language and reality must be faced: The Federal and Postal Worker must attend to the substantive problems of the medical condition, while at the same time file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS, and engage in the administrative process of linguistically persuading the U.S. Office of Personnel Management of the substantive reality of the impact of one’s medical condition upon the ability to perform all of the essential elements of one’s Federal or Postal position.
But be not confused between the duality of efforts; it is the substantive reorganization of one’s life which is by far the more important; the reordering of language to fit the reality of the human condition is mere child’s play compared to the reality of suffering one must go through in attending to the real-life problems of a medical condition.
Sincerely,
Robert R. McGill, Esquire
Filed under: Reflections of an OPM Disability Retirement Lawyer | Tagged: accepting opm disability clients all across america, application for opm medical disability language and format, applying for federal disability, attorney representing federal workers for disability throughout the united states, choosing the right words in a paper presentation for the opm disability representative, civil service disability, civil service disability retirement, clarity of language and opm disability retirement, describing your disability argument in plain english, disability retirement for federal employees, essential elements of jobs, explaining your medical conditions in plain english during the opm medical claim, Federal Disability, federal disability application and the magic words, federal disability law blog, federal disability retirement law and language used in the application, federal disability retirement tools, fers disability and the double-edged procrastination sword, FERS disability retirement, fers disability retirement and word-choice communication in a paperless world, in search of the perfect words for the federal disability retirement application, language and human condition in the 3112, law firm representing clients in opm disability law all across america, legal argumentation and the double-edged sword, legal representation for injured federal workers, legal services for federal and postal workers all across america, medical conditions must be explained in plain english for the 3112c, nationwide representation of federal employees, opm disability law and language, owcp disability retirement, persuasive tools that can help you to make your fers disability claim stronger, postal service disability retirement, the most complete blog on federal disability retirement, the nexus between the reality of your illness and job performance must be explained in clear English, the opm disability application and choosing carefully the right words, the proper language and terms usage in federal disability law, the sequential and persuasive use of language throughout the federal disability retirement process, tool, tools a disabled federal employee can use to prove his or her case, USPS disability retirement, word, word choice when filing for federal disability retirement, words without actions will not get you medical retirement from your government agency, worrying about your medical condition and letting an specialized attorney to worry about a one-time-event filing | Leave a comment »
The Physicians and the Substance of a Federal Disability Retirement Case
Ultimately, the essence of any claim, endeavor, vocation or activity possesses a characteristic “essence” of a matter — that which defines itself, reveals its core value, and manifests the substantive content of what X “is” as opposed to the accidental and peripheral appearances which can throw one off from the central enigma of that which we seek to unravel.
That is the defining history of Western Philosophy; it is what Plato began in inquiring about the differences between Forms and appearances; what Aristotle did in rolling his sleeves up and getting down to the serious work of scientifically approaching the world through observation and keen perspective; and in more modern times, it is encapsulated by the work of Heidegger, who viewed every being as an encounter to unmask in the experiential sequel learned from his master, Edmund Husserl and the school of phenomenology.
The History of Philosophy has since been one of loss of stature, as all of the subsciences have taken on their prominent roles and fractured apart from the umbrella of philosophy. Psychology, Anthropology, Physics, Theology — they have all found and formed their own mouthpieces.
Medicine and the physicians who represent the discipline of the medical community have a unique and enduring perspective; it has now become defined by an approach of pharmacology and surgery, prompting alternative movements of holistic endeavors. But until a time in a distant future which accepts “other” approaches, it is the physician with an “M.D.”, “D.O.”, or other such designation, which will be necessary in the acceptable community of opinions and judgments. Yes, Chiropractic care, Physical Therapists, Nurse Practitioners, Psychologists and LCSWs can help to prove a case; but the central focus of authoritative acceptance still comes primarily from that guy or girl who went to “medical school”.
For the Federal and Postal employee who seeks to obtain Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the core of one’s case must be based upon a view towards the examiner, reviewer, or “Administrative Specialist” as designated by OPM, and what that individual will accept as the authoritative basis of a viable Federal Disability Retirement case. This is a world where the word of the physician is paramount; and those in the communities of subsets can certainly lend authoritative support; but it is always a mistake to confuse the outpost for the headquarters.
In a viable OPM Disability Retirement application, it is important to obtain the opinion and support of that which will provide the essence of authoritative support, to the greatest extent possible. What opinion to seek; how the narrative opinion is characterized; who provides it; and what the substantive content will state — all will make a difference in preparing and formulating a Federal Disability Retirement application, and its proper presentation to the authorities at the U.S. Office of Personnel Management.
While the “enemy” may attack and destroy the perimeters and outposts, until the neurological center of an organism is defeated, all such efforts are destined to fail.
Sincerely,
Robert R. McGill, Esquire
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