The “uninterested” or “unbiased” party — does such an entity even exist? In parochial terms, it is to say that “X has no skin in the game” — meaning thereby that an individual has no preference, no “money placed as a bet” on either team; has never expressed any weighted opinion as to one or the other — in other words, he or she is an “unbiased” participant.
But there are other factors beyond whether or not a person expresses a preference, are there not? Of an irrational dislike of one over the other; of a self-interested desire to “win” by picking one over the other; or perhaps of simply being bored and wanting to be a contrarian by choosing one over the other.
Thus, in a Federal Disability Retirement application before a “medical specialist” at the U.S. Office of Personnel Management, to identify an OPM reviewer as someone who is unbiased or uninterested, is to miss the point. Yes, allegedly, OPM is supposed to be unbiased and uninterested, and merely apply the law and review a Federal Disability Retirement case in an objective manner.
The reality is quite different, however, because of the complexity of the human psyche involving motives, unstated intentions and deep-seated psychological needs. What can be done about it? Nothing, really — other than to point out the errors, the lack of logic, and apply the law — and counter any denial or preempt a denial by submitting a legal memorandum which is truly unbiased.
Contact a disability attorney who specializes in Federal Disability Retirement Law, and maintain a semblance of objectivity in order to enhance your chances of winning your Federal Disability Retirement benefits under FERS.
Sincerely,
Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.
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FERS & CSRS Disability Retirement: The Adaptable Criterion
If a criterion is advanced at the outset, one expects that the details of its applicability will result in a fair outcome so long as the requisite subsets are adhered to. The problem is one of generalizations, however, and the linguistic malleability of hermeneutic interpretation, and in the end, the honesty of the individual.
There may have been a time when the sin nature of man was contained, and Pandora’s box was sealed, or at least somewhat secured; but once relativism creeped into the general populace, the game of restraint was lost forever. Once, when man was left to individualistic devices, and information concerning the world was considered esoteric and reserved for the ivory towers of science and theological hoods of mystery shorn by Jesuit Orders of secrecy and cavernous enclaves of furtive whispers echoing down dark chambers in secluded corners, the application and usage of criteria demanded knowledge beyond the commonplace. Now, with Google and other search engines, everyone knows everything, or nothing at all.
For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the “trick” is to review the legal criteria, amass the information in a manner which fits the applicability for eligibility, then to “make the case” for an approval.
Is it a science? Or, more precisely, are the regulatory subsets “open to interpretation”? And more to the point: Do the Administrative Specialists at OPM adhere to the “letter of the law”, or is hermeneutics less than an honest methodology these days? Where human nature is concerned, one need not stray too far from the general knowledge of the masses.
If one has lived long enough, you know that you should always walk through the busy streets of a city with one hand on your back pocket, protecting your wallet. Pickpockets are everywhere, and in preparing, formulating and filing for Federal Disability Retirement benefits through OPM, the Federal and Postal worker should always be cognizant of the fact that the adaptable criterion is not the fault of the agency or the promulgators of legal standards, but merely reflects the fact that Pandora’s box was left open long ago, and the serpents of horror and dishonesty were left to roam the earth like never before.
Sincerely,
Robert R. McGill, Esquire
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