Disability Retirement for Federal Workers: Getting the Right Nomenclature

Throughout the history of philosophy, there was a pervasive presumption that substantive questions concerning Being, Truth and Falsity, reality versus appearances — and a wide spectrum of similar conundrums wrapped within the mystery of life within a coil of the unrevealed physical universe and further complicated by the bifurcation of consciousness and the physical realm and the problem of dualism which it represented —  required a systematic approach of questioning, evaluating, analyzing and (hopefully one day) resolving.  In such a process, it was always important to apply the technical nomenclature in a systematic approach.

Then came the English analytical philosophers — culminating in Wittgenstein (although he was Austrian) — and it is only natural that it would be the English (who have always believed that Americans don’t know how to speak the English language properly, anyway) who dismissed all such philosophical problems as mere language difficulties.

Again, the problem of nomenclature.  Whether one accepts the demise of philosophy as merely a problem of language and language games, it is always important to recognize that in any endeavor, subject, issue, etc., utilizing the proper words, phrases and terminology is vital to precision in thinking.

Thus, when an individual is preparing to file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, it is important to understand that conceptual constructs belonging to one area of law are not interchangeable with other areas.  Usage of terms such as “Maximum Medical Improvement”, “Unemployability Rating”, “Inability to engage in daily living activities”, “On the job injury”, etc., and other related terms, may have little-to-no significance in a Federal Disability Retirement application.

On the other hand, usage and application of some evidence from one area of law may be successfully argued in another area; but that occurs only when, and if, the proper distinctions and truncated differentiations are applied.  In the end, perhaps the English analytical philosophers were right — analysis and correction of linguistic confusions constitute much of our problems.  But to admit to such folly would be to acknowledge that the sun continues to cast an ever-pervasive shadow from the colonialism of the old English Empire.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: Precision of Terms

Tools and weapons can be interchangeably and effectively utilized, and often with appropriate results; however, normally the intended usage is the preferred application, especially if one desires a result of precision and craftsmanship.  Thus, while using a shotgun to hunt pheasant is entirely appropriate, it may not be the best weapon of choice to kill a squirrel (although, again, it may still be quite effective).  Or, using a corkscrew to make a hole in the drywall may be effective, but perhaps messy.  While adaptation may be a sign of higher intelligence, it may also be indicative of a lack of appropriate knowledge.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, the “shotgun” approach used by many Federal or Postal applicants is often indicative of a misunderstanding of the applicable and relevant laws which must be addressed in a Federal Disability Retirement application.  Or, there are Federal Disability Retirement applications where repetitive “name-dropping” occurs — implying some knowledge, but to a dangerously limited extent.  “Bracey”, “Trevan”, “Bruner”, and multiple other names are inserted, often in contextually inappropriate ways (including, one hesitates to add, by lawyers and law firms), as if they are characters in a mystery novel, or perhaps in an HBO detective series.  Or, general terms such as “causality”, “rating”, “maximum medical improvement”, while appropriate in other types of compensatory filings, are almost entirely meaningless for purposes of obtaining Federal Disability Retirement benefits.

Precision of terms is necessary in the endeavor of preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management; for, in the end, the effective tool is the one chosen for its intended purpose, just as man without a teleological essence, is merely a wandering ape in a jungle of arbitrary appearances.

Sincerely,

Robert R. McGill, Esquire