Federal Disability Retirement: Game Changers

Often, it is not the substantive material submitted, but the approach to an endeavor which alters the character of an encounter, and results in victory by acceptance and submission, in contradistinction to victory and defeat.  Such is the essential difference between the games of chess and of Go — the latter, originating in ancient China some 2,500 years ago, and employing a strategy of subtle surroundings, rarely including a direct frontal assault.  The Game of Go requires a perspective of the whole; and while (like chess) anticipation of future moves can help, it is the last move in relation to the whole of all prior moves, which will determine the future success.

With this, there is a parallelism with Federal and Postal workers who suffer from a medical condition, such that the medical condition impacts one’s ability and capacity to perform all of the essential elements of one’s Federal or Postal job.  As in the Game of Go, it is the past which has brought one to the present circumstances; one’s future will be determined by how one approaches what is occurring in the current presentation of the board.

The battle against the medical condition itself may have taken many years; such is the nature of battling the subtleties of a medical condition, where much of it involves bearing the pain, remaining quiet through turmoils, and attempting to silently pass through life unnoticed.  But as with the Game of Go, a critical juncture arrives, where the wrong move will determine the future course of territories lost, or gained.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS-Offset, is often the critical point of departure for the Federal or Postal worker suffering from a medical condition and finding the need to separate and find that plateau of places where rehabilitation for the future becomes a necessity.

Future security depends upon moves made in the present; present strategies are based upon grounds gained or lost depending upon past moves; and recognizing that now is the time to prepare for the future, is the first step, both for the Federal and Postal worker needing to file for OPM Disability Retirement benefits, as well as for the player who dares to master the Game of Go.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Key Words, Conveyance of Information, and Satisfying the Legal Criteria

There is often a misunderstand about a Federal Disability Retirement application, submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS: that the magic of linguistic compliance will bring about success, as opposed to the compilation and delineation of information needed to meet the legal criteria in a case.

There are no “magic words” or “key phrases” which the Federal or Postal applicant, the treating doctor, or the lawyer representing the Federal or Postal employee, can utilize or include in any Federal Disability Retirement packet, which will ensure or otherwise exponentially increase the statistical variances of being successful in applying for Federal Disability Retirement benefits.  Rather, the “key” to a successful filing of a Federal Disability Retirement application is to compile the necessary and required documentation in order to meet the medical and legal criteria mandated by law, in becoming eligible and entitled to Federal Disability Retirement benefits.

The difference may be somewhat subtle: on the one hand is the misguided approach of thinking that Federal Disability Retirement application-X was successful because it contained certain key phrases and elements, and thus in thinking that a regurgitation and reenactment of those phrases or elements, if used in another Federal Disability Retirement application, will result in an identical outcome.

The proper approach (satisfying the converse grammatical requirement and avoiding the necessity of saying, “on the other hand”) in opposition to the “key phrase” thought, is to recognize that each Federal Disability Retirement application-Y is constituted by unique facts and medical data peculiar to the individual case, but that in the application of those facts and data, compliance with the administrative criteria is somewhat self-reflective. Similarity, however, does not imply successful extrapolation of previously-applicable content from another Federal Disability Retirement application.

That is the mistake which is often made: One success often leads to the laziness of regurgitation; to put it crudely, one can starve by feeding upon the same food within a confined organic digestive system. In the end, a successful Federal Disability Retirement application must not rely upon prior successes, but rather, recognize the uniqueness of each set of circumstances, apply the relevant law to such peculiarities, and argue the evidence in the context of the conveyance of information meeting the statutory criteria espoused by the U.S. Office of Personnel Management in a Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: Precision & Wiggle Room

In every legal writing and oral argument, there is an appropriate time and context for precision, and times when wide discretion must be used in allowing for additional evidence and argument to remain effective.  Recognizing and identifying which approach must be applied is the first step to effective advocacy; maintaining the flexibility when appropriate, and constraining the precision for all sides, is often a key to winning.

For Federal Disability Retirement law, whether under FERS or CSRS, the key in applying the applicable case-law, the meaning of the ruling of the court or administrative issuance, while keeping open and flexible the statement of one’s disability, is an important part of the entire process.

To “paint oneself into a corner” in one’s Statement of Disability is often a problem, where subsequent medical conditions arise but one cannot supplement or support such conditions because one was inappropriately precise (or unduly succinct) in the descriptive narrative of one’s statement; or, conversely, being vague about the importance, relevance or applicability of a certain holding in a precedent-setting case; these are all mistakes which should be avoided.

In preparing, formulating and filing a Federal or Postal Disability Retirement case, submitted to the U.S. Office of Personnel Management, the context often drives the content; where precision is called for, technical knowledge must be applied and the terms of art must be inserted; where linguistic flexibility is required, the artful weaving of wiggle room must be allowed, in order for the air to circulate, and for the chameleon of appearance to change as circumstances require.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: Correlation, Correspondence & Causation

How we assert and connect disparate facts reveals the extent of one’s understanding of the conceptual distinctions to be made between correlation, correspondence and causation.

Correlation, in its normative usage, refers to the relationship between two or more things, and will often involve statistical dependence between entities.

Correspondence, on the other hand, will entail the agreement of one or more things with one another, or encapsulate similarities and reflective agreement.  Thus, one may discuss Russell’s and Moore’s “correspondence theory of truth“, for instance, where the proposed argument would involve the “agreement” between what one says, and its reflection upon the objective world which it is attempting to describe.

Causality, as a distinctive concept from the other two Cs, involves the sequential occurrence of one event followed by another, where the second event is accepted as a consequence of the first.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important to understand the conceptual distinctions between these words, precisely because the Federal and Postal employee formulating the nexus between one’s medical condition and one’s position description must show the relationship between the two.

Thus, one may argue that a correlation exists between poor performance and one’s medical condition; or one may establish that the corresponding actions on the part of the agency involved references to medical reports and records; or that the position itself caused the exacerbation of the medical condition — although, the latter may be more relevant in a Federal Worker’s Comp case.

In arguing for eligibility for Federal Disability Retirement benefits, use of all of the linguistic tools available will provide a decided advantage; but usage must be preceded by understanding, and understanding must involve the careful analysis of the specialized application of conceptual constructs.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: The Analogy of Games

Games created and imagined by societies will likely reflect societal values, beliefs, fears, and generally the character and personality of the social structure of the time.

That is why life situations are often described and elaborated upon by reference to particular games, by analogy, to elucidate the reality of a specific situation, or perhaps even the absurdity — because by describing the game, it removes the need to discuss a present reality, and instead to speak of it in terms of a third-person phenomena.

Thus, one might refer to the game of Go — and instruct the novice that, as in life, every time you “pass”, the opponent gains a move, and the more you pass, the greater gains, until victory occurs.  Or the oft-quoted game of Chess, in which one must always think in terms of 5 moves ahead, lest your opponent already has mapped out the path to checkmate before you have even considered your options.  And so we live life as we play games.

For the Federal or Postal Worker who is considering filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, such analogies are instructive.  “Passing”, as in the game of Go, will only allow the two opponents — the agency, and the medical condition against which one is battling — to gain the upper hand both in terms of time and closing potential options.  Failing to consider future moves, as in the game of Chess, will only increasingly limit and restrict one’s future ability to act; and so one’s future is diminished by the enemy of time.

In the end, games are created merely for recreation; but life itself is more than a period of fun and games, and failure to consider the seriousness of an analogy is only to the detriment of he who fails to consider the applicability of parallel universes.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: Key Words and Phrases

In every writing endeavor, there arises over time an identification of the efficacy of certain key words and phrases.  The problem with such identification, however, is that the deliberate extrapolation and insertion of such “keys” will often lead to over usage, inapplicable repetition, and loss of effectiveness resulting from the very recognition of the centrality and importance of such words and phrases.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, there is often a tendency to want to know what the “key” is to the successful outcome of a Federal Disability Retirement case.  It is like searching for the entrance to a secret passage:  we believe that if X is discovered, inserted into the proper keyhole, then the mysteries of that which we fail to understand will be opened.  But proper flow and substantive appropriateness of any medical terms must always be considered within a greater context.

Ultimately, it is not any particular word or phrase which leads one onto the path of success in a Federal Disability Retirement case; rather, it is the substantive conceptual underpinnings behind such words and phrases which matter.  Not the words themselves; nor the phrases which describe; rather, the meaning behind such words and phrases within the context of the entirety of one’s medical condition — that is the key to a FERS Disability Retirement case.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: The Effective Approach

The sales pitch comes from every direction, all vocations, countless product lines and endless announcements of fanfare and ceremony:  the 3-step plan, the 5-point road to success, the 10-ways of X or Y:  it is meant to be a formulaic methodology of achieving a stated goal.

Formulaic approaches are perfectly reasonable; they provide an avenue which, through prior experience of trials and errors, the “seller” has formulated a method or product as the best means possible for achieving success in any given venture.  But the gimmickery of any formulaic approach can wear thin after a manner; and in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, ultimately the fanfare must be supported by three basic elements (see, even the undersigned writer engages in a 3-point plan):  The supporting medical documentation; The supporting statement of disability; The supporting disability law.  Of the three elements, it is the first (the supporting medical documentation) which is paramount and, to borrow (albeit in a non-technical, misused sense) Aristotle’s verbiage, the “first cause” or “First Mover” of a Federal Disability Retirement application.

Ultimately, substance over form must prevail, and will be most effective in a Federal Disability Retirement application; and the “substance” in this case is the medical condition itself — one which needs no fanfare, and certainly no 10-point plan for effective advocacy.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: The Game of Go

The game of Go involves planning, strategy, finesse, a sense of when to aggressively pursue, and a lesson of when to withdraw.  It is a game originating from China, thousands of years old, yet identical in play and rules today.  It is a game of daily living; and, indeed, even the tactile component of feeling the soft smoothness of each stone as you place them on the surface of the playing board, along with the geometric beauty of the patterns which your opponent complements as you lay your handiwork — all with the attribute of two basic colors:  black and white.

One can always make too much of an analogy between sports and life; fiction and reality; a mere game, and a process.  Games ultimately are what they are:  a play which, in the end, has no significance beyond the entertainment of the moment.  But some games help to sharpen one’s sense of daily living.

The metaphor and analogy to be applied between the game of Go and practicing law, including preparing, formulating and filing on behalf of Federal and Postal employees to obtain Federal Disability Retirement benefits from the U.S. Office of Personnel Management, is the need to understand the process; to present the evidence in a bold and unabashed manner; and to understand the “opponent” and what the opposition represents and will likely do.

Preempting what the U.S. Office of Personnel Management is likely to do in response to one’s handiwork, is an essential part of both the game of Go and of any practice of law.  That is why a legal strategy is important and relevant in the preparation of a Federal Disability Retirement application — for, like the game of Go, unless you make the proper connections between the medical evidence, the law, one’s positional duties, and one’s statement of disability, you will be surrounded by your opponent’s tactile placement of experienced handiwork, and find that all of your efforts have come to naught.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: From Language to Pragmatic, Substantive & Sequential Steps

The leap from words-to-actions constitutes a milestone of advancement; otherwise, if left in the world of Wittgensteinian language games, where all one does is talk incessantly without “doing” anything, then one merely remains in a universe of one’s own creation.

We all know people “like that” — of talking, talking big, and talking non-stop; and as the talk continues, the world leaves such people behind.  Dreams are paradigms for the wide-eyed youth to search, attempt to strive towards, and to have the incentive to “reach for the stars”; but the reality of the world must also become a stark admixture in order for dreams to be interpreted into actuality.

The young basketball player who dreams of stardom in the NBA cannot reach such a goal unless he practices daily, relentlessly, and at the expense of many leisure and other activities.  It is ultimately the pragmatic steps which must be taken, which represent progress of sorts from a logical, sequential standpoint:  From A to B.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, the undersigned attorney is often confronted with:  “I requested the forms from my agency, but I have no idea how to fill them out.”  Forms simplify processes, but they, too, are a composite of a jumble of words — on paper, in written form [sic].

Beyond mere words, in order to obtain Federal Disability Retirement benefits from the U.S. Office of Personnel Management, one must have a tactical and strategic plan — of how to meet the legal test of “preponderance of the evidence“; of how to gather and obtain the proper medical documentation; and how to create the “nexus” between one’s medical condition and the positional duties which one occupies and from which one will be filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management.

The world of language is one of beauty, but of an artifice of creation in man’s universe; it is the way of pragmatism which must be embraced, in order to be successful in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: Preparing for the Process

Every endeavor or activity requires preparation — if merely a thought, but more than likely, the gathering of proper materials, a logistical and strategic plan of action, etc.  There is nothing more frustrating than to begin a project, only to find that one lacks the proper materials and tools, and must delay any further action because of such lack.

Similarly, in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important for the Federal or Postal employee to understand that “having a medical condition” is not enough to endeavor to begin the administrative process (some would instead insert the term, “nightmare” for the word “process”).

While the suffering of the chronic or debilitating medical condition may “feel” like it should be enough, filing for a bureaucratic benefit requires proof which meets a set standard of evidentiary documentation.  In other words, one must establish a “nexus”, or a connection, between the medical condition which one suffers from, and the job which one is positioned for, and moreover, one must always keep in mind that this is a “medical retirement“, and as such, it must be established that one is no longer able to perform one or more of the essential elements of one’s job from a medical standpoint.

It is indeed the preparatory phase of the journey into Federal Disability Retirement which will provide the foundation for ultimate success in the endeavor.

Just as you don’t want to build a house without first having the appropriate construction materials; so you don’t want to go down the path of Federal Disability Retirement without having the requisite medical and legal tools in hand.

Sincerely,

Robert R. McGill, Esquire