In any and every endeavor, whether on a large scale or of little consequential impact, a tripartite approach must be devised: the logistics of the case (the “how” and the mundane mechanics of procedural actions involved); the strategy of it (the methodological plan of action, involving the choice of which issues to prioritize and tackle, etc.), and finally, the substantive paradigm of the case.
It is often the latter which is overlooked, precisely because everyone is always too busy trying to immediately figure out what to do and how to do it. In a pragmatic sense, the logistical plan and the strategic outlay are crucial in any legal action; as a persuasive foundation for winning, however, devising a substantive paradigm of a case may be the essence of a winning path.
In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the Federal or Postal employee who encounters the myriad of voluminous standard forms to be filled out, the need to obtain medical reports and records, and to simply survive the morass of administrative and bureaucratic requirements, leaves one merely attempting to stay afloat in the logistical mandates — of trying to satisfy all of the Agency demands and requirements.
Additionally, to even contemplate devising a “strategy” of how to go about proving, by a preponderance of the evidence, one’s Federal Disability Retirement case, becomes an obstacle and a burden, especially when one is having to deal with the medical condition and treatment of that condition concurrently with the stress of trying to complete a Federal Disability Retirement application.
As for the substantive paradigm of a case? That may be the customary casualty of a Federal Disability Retirement case — that coordination of all issues, of the medical, the position one occupies, the persuasive legal argumentation, in a compendium of interconnected sources, arguing to the U.S. Office of Personnel Management the what, where, why and irrefutable how, in a Federal Disability Retirement application.
Robert R. McGill, Esquire