There is often a widespread misconception that “facts” need no elucidation or explanation, and somehow speak for themselves. There are, indeed, times when self-imposed limitation of apparent eloquence and bombastic, grandiloquent and pretentious verbosity is of use; for, scarcity of adjectives and brevity of prose can leave the plains and tundra of a descriptive narrative’s call for less inhabitants, and not more, to reveal the beauty of the linguistic landscape; but even in such instances, facts still require explanation.
Facts without explanation constitute mere artifacts floating in a vacuum of a historical void. It is thus the prefatory context provided by explanatory delineation, or the sentence next which elucidates the relevance and significance of an event before. Without the explanation, facts merely remain an artifice with a lack of architectural integrity, lost in the quagmire of historicity without dates, times or epochs of reference.
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 worker is under FERS, CSRS or CSRS Offset, the misunderstanding between the conceptual bifurcation of “facts” and “explanations” is often exponentially magnified to the detriment of the Federal Disability Retirement applicant when one presumes that “medical facts” speak for themselves.
Thus does the Federal or Postal worker who is preparing a Federal Disability Retirement application simply bundle up a voluminous file of medical records and declare, “See!” But such declarative intonations accompanying files of “facts” do not explain in meeting the legal criteria to qualify for Federal Disability Retirement. An explanation is in response to the query by a governmental agency and bureaucracy which requires that justification through explanation will meet the preponderance of the evidence test in being eligible for Federal Disability Retirement benefits.
Yes, there are some “facts” which may not require explanation — such as the beauty of a morning dawn pink with a quietude of poetry, where words fail to embrace the peaceful mood within the serenity of nature; but such facts do not reflect the chaos of the paperwork being received by the U.S. Office of Personnel Management, and very few there care about the pink dawn of nature, but want an explanation as to why the Federal or Postal employee is entitled to Federal Disability Retirement benefits.
Sincerely,
Robert R. McGill, Esquire
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what are my options, when the facts do not speak by themselves: opm disability retirement in the real world, your federal opm attorney will help you go through your disability process | Leave a comment »
OPM Disability Retirement: Service Deficiency & Medical Condition
The Office of Personnel Management will often use as a criteria of denial the argument/basis that despite the fact that an individual may have a medical condition such that the medical documentation states that the Federal or Postal worker can no longer perform one or more of the essential elements of one’s job, nevertheless, there has not been a showing that a “service deficiency” has occurred. Often, agencies systematically write up performance appraisals without much thought or consideration; more often, Federal and Postal workers quietly suffer through his or her medical condition, and strive each day to meet the requirements of their duties.
Whatever the reason for the lack of attention or perception on the part of the supervisor or the agency to recognize that the Federal or Postal worker has not been able to perform one or more of the essential elements of one’s job, such basis for a denial of a disability retirement application by the Office of Personnel Management is not a legitimate one, because existence of a “service deficiency” is not the whole story: if it is found that retention in the job is “inconsistent” with the type of medical condition the Federal or Postal Worker has, then such a finding would “trump” the lack of any service deficiency. That is not something, however, that the Office of Personnel Management is likely to tell you as they deny your disability retirement application.
Sincerely,
Robert R. McGill, Esquire
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