Disability Retirement for Federal Workers: The Danger of Malleable Concepts

Concepts which retain the ability to alter in chameleon-like fashion, switching from subject to object, from noun to adjective, is one which must be used with care and loathing.  For, as the old adage goes, that which can be used as a shield, may also be applied as a sword, and such malleability and changeability can both protect, as well as be used against one.  So it is with stress.

The word itself can be applied in various language games and conceptual constructs, as in:  “I am under a lot of stress”; “The stress is killing me”; “The place where I work is very stressful“; “I suffer from stress”; “The stress I am under is literally killing me”; and many other linguistically transformational usages.  But when it comes to applying the term and concept in a Federal Disability Retirement application, whether under FERS or CSRS, one must take care in usage, applicability, and appropriate insertion both as a medical term as well as in everyday common verbiage.  For, stress itself is rarely a valid basis, standing alone, for a Federal Disability Retirement application; and if used wrongly, can be deemed as implying a situational medical condition unique to the individual’s workplace — something which OPM will pounce upon in order to deny such a claim.

Malleability can be a positive force; but that which stands with you, it can also switch sides and suddenly turn against you.  Better to have a steadfast friend than one who seeks greener pastures in a wink of the eye.

Sincerely,

Robert R. McGill, Esquire

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

Postal and Federal Disability Retirement: Knowing the Terms

In preparing, formulating and filing a Federal Disability Retirement application with the Office of Personnel Management, it is important to have some clarity on conceptualizations of physical and psychiatric medical conditions or, to put it quite simply, to “know your terms”.  

While one must obviously obtain the necessary medical documentation in order to meet the eligibility requirements for OPM Disability Retirement benefits, and such medical documentation — a narrative report providing for the “bridge” between one’s medical condition and the particular type of duties and positional requirements one is engaged in with the Federal government or the Postal Service, as well as office notes, treatment notes, etc. — reliance upon the medical documentation to expand upon, delineate, explain, illustrate and elucidate upon the narrative story of how the medical condition impacts upon one’s inability to perform one or more of the essential elements of one’s job, may be expecting too much from the doctor and medical documentation itself.  

On the Applicant’s Statement of Disability (Standard Form 3112A), there is an opportunity for the Applicant to provide information concerning the impact of one’s medical condition upon the essential elements of one’s job, as well as upon one’s personal life.

Knowing the “medical jargon” and being able to extrapolate, apply, expand upon, and describe in terms which are cohesive, understandable, illustrative, and with sufficient emotive impact, yet maintaining a sense of rational perspective and sequential, logical application, is an important part of providing useful information to the Office of Personnel Management.

Keeping it simple is important, but at the same time being able to use the medical terms comfortably in describing the impact upon one’s positional duties, in a technical but comprehensible manner, is the key to effective communication.  For, after all, “communication” is what this is all about — of presenting a case which is persuasive to the Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability: an Art Form

As with all effective submissions — pleadings, motions, legal memorandums and, alas, Federal Disability Retirement applications — it should never be approached in a mechanical, one-to-one ratio-like, mathematical manner.  Of course it should contain the technical terms, the medical terms, and the legal arguments.  However, disability retirement under FERS & CSRS — especially the Applicant’s Statement of disability and any legal arguments — should not be matter of matching up a one-to-one correspondence between the medical condition and the particular essential elements which it prevents or impacts.  Certainly, the effect and the conclusion should contain that conceptual correspondence; however, as all good writing contains a technical side, it is also important to weave the story of the human condition and see the writing as an “art” form.

The impact of the human story is important in convincing and persuading the OPM representative to not only understand the medical condition, but to get a sense of empathy for what the applicant is going through.  It is a delicate balance to achieve; yes, the hard legal arguments should be made in order to “force” OPM to see that, legally, they are obligated to approve a disability retirement application; at the same time, if you can touch the empathetic nature of the OPM representative, so much the better.

Sincerely,

Robert R. McGill, Esquire