OPM Disability Retirement: The Quiet Subtlety of Excellence

Failure blares like a discordant trumpet in a confined space with no exit; success flows like the quiet stream on the other side of the mountain, barely noticed.  In law, it is the appeal, and the written order issued therefrom, which receives the attention of the daily press.  Yet, if one pauses to consider:  The reason for the appeal, is the lack of success at the trial court level.

For Federal employees and U.S. Postal workers who suddenly find themselves the target of workplace hostility because of a medical condition which now prevents them from performing one or more of the essential elements of their job, it is often a surprise that they have become a focal point of interest.  The quietude enjoyed for so many years, in relative anonymity, is actually a reflection of one’s outstanding performance throughout the years.  It is because of the threat of departure — of the “failure” to continue to support the agency, or to provide ongoing efficient contribution to the U.S. Postal Service — that results in the sudden and unwanted attention.

Filing for OPM Disability Retirement benefits for the Federal employee or U.S. Postal worker who cannot perform all of the essential elements of one’s job anymore, is an option which must be considered precisely because of the limited alternatives offered or provided by the Federal agency or the U.S. Postal Service.  Health should always be the primary concern; maintenance of one’s health, the focal point of endeavor.

And just as importantly, to maintain that quiet subtlety of excellence in the next important step of one’s life — to prepare, formulate and file an effective Federal Disability Retirement application to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

All these many years, the Federal or Postal worker has dedicated him or herself to the excellence of combining career, family and personal relationships; when the time comes to attend to one’s own medical difficulties, it is important to maintain and continue that standard-setting record of accomplishments, by ensuring that one’s Federal OPM Disability Retirement claim reflects what has always been known all along, but has only received the murmurings of a muffled fanfare — that quiet subtlety of excellence.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Making the Legal Argument

Legal arguments are merely a subset of ordinary ones; as variations of the facetious quip goes, if the facts are not on the lawyer’s side, then he will argue the law; if the law is not, he will argue the facts; if neither, then he will attempt to confound and obfuscate both.

By sequence of logical argumentation, it is self-evident that “facts” must be the first order of presentation; then, persuasive discussions concerning those facts, forming and molding a given perspective (for there is surely a distinction to be made between that which “is” and that which “is seen” by a particular individual, bringing in the subjective component of interpretation and conveyance of information); and only after the facts have bespoken should persuasive efforts follow; and then, the legal argument to be made.

Thereafter, the question of how aggressive a legal argument; of pounding like a hammer, or the subtle tap of the constant but insistent drumbeat, guiding the listener with a roadmap as to why a decision should be made pursuant to persuasive force, or threats of further legal action.

For the Federal and Postal worker who is trying to have a Federal Disability Retirement application approved, the art of persuasion, the effective use of legal argumentation, and the delineation of factual roadmaps must be coordinated with the utmost of care.  Administrative processes are often replete with frustrating procedures to follow, and it is a dangerous endeavor to allow for one’s frustration to erupt when dealing with a bureaucracy which is rarely responsive, and normally unaffected by the most dire of circumstances.

Thus, in sequence of logical argumentation: The facts as portrayed in as objective a manner as possible; the interpretation of the facts, such that the subjective perspective is insightfully applied, but without the overuse of the “I’ or “me”; argumentation; then, and only then, the applicability of the law.

Federal Disability Retirement is a benefit offered to all Federal and Postal employees who meet the minimum eligibility requirements of time in Federal Service, age and a level of medical evidence which must be carefully and thoughtfully presented.

As such, for the Federal or Postal worker who intends on filing for the benefit of OPM Disability Retirement, whether under FERS, CSRS or CSRS-Offset, the art of factual and legal argumentation must be presented with persuasive force, often like the slow dripping of an unconstrained faucet, as opposed to the break of a dam.

Sincerely,

Robert R. McGill, Esquire