Connective Tissues in Federal Disability Claims

In biology, they are often discussed in contrast to epithelial tissues, which are closely packed cells for dense, often protective purposes.  As the attribution implies, the primary purpose of such tissues is to connect other tissues or organs, for the coordinated and compound workings of the entirety of the organic system.

It is that very connection which allows for the coordination of the whole, and while each individual organ or aggregate of cells may be vital to the life of the entity, without the connective tissues, such individual significance would never reach a level of integral compound complexity of a working singularity.  Individual significance, without the connective support, would result in independent value; and it is the dependency of individual values which in their “togetherness” work to constitute an integrated system.

We can learn much from biology.

In preparing, formulating and filing for Federal Disability Retirement benefits through the Disability, Reconsideration & Appeals Division (U.S. Office of Personnel Management), whether the Federal or Postal employee is under FERS or CSRS, it is important to always recognize the connective tissues which must be carefully recognized and evaluated for their integrated purposes.  For, in the end, that is what the reviewing agency of all Federal Disability Retirement applications — the U.S. Office of Personnel Management, or OPM — does. OPM reviews and evaluates all Federal Disability Retirement applications with a particular view towards analyzing the connective tissues, for integration, consistency and lack of contradiction.

While each “organ” of a CSRS or FERS Disability Retirement application may be vital to the entirety of the administrative process, it is precisely the connective tissues which, if diseased, will determine the viability of the working whole.

Sincerely,

Robert R. McGill, Esquire

 

Federal Worker Disability Retirement: Interruption or Interlude

Life is full of interruptions which push the pause button upon our grand designs for linear progression; how we view such events, whether as something bothersome, or as a respite and opportunity, a platform for the next stage of life, will determine the extent of character-building foundations needed to forge forward.  Taking care of aging parents is now considered a bother, and not a privilege; mentoring a young person just beginning in a chosen career is seen as a predatory challenge, as opposed to a chance to mold for the future; and revealing a fissure in the otherwise impenetrable public face of constancy is a chance to take advantage of the weakness of the opponent.

How one views a particular event; whether it is seen in the best light possible and anticipated for lessons to be learned; or instead, as a crisis point of quashing all hope for the future, never to be spoken about because of the devastation wrought, reflects both upon the present state of one’s character, as well as the potential for the future. Things are merely bothersome to us, now. Perhaps it is the result of a leisure society, where things once earned are now expected as givens; or, of greater probability, that the antiseptic isolation of our society engenders a certain aura of incomprehensible turmoil.

For Federal and Postal Workers who suffer from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s job, Federal Disability Retirement should be considered as a viable option. Filed through the U.S. Office of Personnel Management (and available to all eligible Federal and Postal employees who meet the minimum criteria of years of Federal service), it should be considered precisely for two (or more) reasons. First, it allows for a foundational annuity in order for one to move forward with one’s life. Second, it allows for the Federal and Postal employee to embark on a second vocation, and make up to 80% of what one’s former Federal or Postal job currently pays, on top of the base annuity.

As such, there is a built-in mechanism which recognizes that the event of a medical condition is not merely an interruption, but an interlude for the second and subsequent stages of a person’s life.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: Lexical Nexus

The lexical expansion of the English language and the evolution of meaning, the transition of words and application, is a subject worth investigating.  One needs only to read a Shakespeare play to recognize that language refuses to remain static; and a culture which desires to progressively develop and advance will systematically reflect the changes of a society’s culture, ethos and normative infrastructures.

There is something to be praised for a static society — one which steadfastly refuses to alter its traditional ways; but as technology is the force of change, and as capitalism is defined by progressive advancement of development at all costs, so we are left with a Leviathan gone berserk and unable to be stopped, and language reflects such revolutionary upheaval.

For the Federal or Postal employee suffering from a medical condition, one needs only to pick up an old medical dictionary to realize the exponential explosion of identified medical conditions.  Yet, the interesting aspect of comparative historical analysis, even on a superficial level, is that the symptoms described in an old dictionary prompts recognition of all such “new” medical conditions.

This leaves one to believe that the reality of the world does in fact remain static; it is only our language which must adapt and reflect in order to adequately account for the reality of the physical universe.

In preparing a Federal Disability Retirement application with the U.S. Office of Personnel Management, whether under FERS or CSRS, the inadequacy of one’s lexical universe may be a hindrance to the proper formulation and delineation of the nexus which must be created between one’s medical condition and the impact upon one’s job.  It is thus the lexical nexus (if one may coin a unique phrase) which must be created in order to effectively prevail in a Federal Disability Retirement application.

While having a medical dictionary may aid one in such an endeavor, the better approach is to first understand that it is not the correspondence between language and reality which matters, but that language is a universe unto itself in which man is the ultimate master of such, caught in that unreality which Heidegger attempted to unravel, and which Kant successfully bifurcated.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: Application of a Neutral Legal Criteria

The application of law upon determination of a Federal Disability Retirement application is based upon a set of criteria which focuses upon the impact of a medical condition on the Federal or Postal employee’s ability or inability to perform all of the essential elements of his or her job.  Thus, it is different from other government programs or compensation benefits, in that it ignores such issues as causality or prima facie accepted medical diagnoses.

Indeed, one can have a serious medical condition and still be denied one’s Federal Disability Retirement application if one fails to show the nexus, or the impacting connection, between the serious medical condition and one’s ability/inability to perform all of the essential elements of one’s Federal or Postal job.  In that sense, the applicable legal criteria is neutral in its very essence:  first, the Office of Personnel Management should (obviously) apply the law in a “neutral” manner, without regard to the person who applies, or be influenced in any way by the agency; but, moreover, and more importantly, the law itself is neutral to the extent that it makes no judgment upon the medical condition itself — only upon the medical condition in conjunction with the impact to one’s ability/inability to perform the essential elements of one’s job.

As such, in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the primary focus in attempting to prove this point — both from a medical perspective as well as from the applicant’s approach — should be to emphasize the connection between the diagnosed medical condition and the essential elements of one’s job, and not merely upon the seriousness of the former.  Only in this way can the neutrality of the legal criteria properly assess the viability and force of one’s Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Fingerprints of an Ineffective Disability Retirement Presentation

Rushing through something is often a sign of attempting to make up for something lacking; if excellence is the goal, then one must take the time to cultivate the means of achieving it; if completion is the sole achieving end, then almost anything will satisfy such an undistinguished crown.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, one can discern from the quality of the disability retirement packet the psychology behind the packet itself.  Much like fingerprints left behind by a burglar, or a work of art created by a craftsman or an amateur bumbler merely attempting to make a few extra dollars in one’s spare time, the collateral context of a presentation can be very indicative.

If such indicators manifest a negative vibration to an objective observer, what could it be stating to the OPM Representative who is reviewing the case?  Whether it is a Federal Disability Retirement packet which is sloppily put together; is presented with generalizations in offering a diagnosis or symptoms; is disconnected or barely coherent in its reasonings; or a multitude of other linguistic symptoms implying lack of attentiveness — these will not do.

Excellence should always be the goal; as the craftsman must take care at each stage of the creative process, so a Federal Disability Retirement packet must reveal the fullness of the medical condition, its impact upon one’s ability/inability to perform the essential elements of one’s Federal or Postal job, and why one has met all of the legal criteria in being entitled to the Federal Disability Retirement benefit.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: The Bridge

The “bridge to nowhere” has become a metaphor for wastefulness and needless expenditure, both in terms of effort and resources.  It is a phrase in politics which has become overused and bandied about for political gain, attack ads and undermining of an opponent’s credibility.  As a political tool, in its very repetitiveness of its incessant utilization and reactive assignation against opponents, it has lost its efficacy.  Yet, in a very real sense — while the phrase itself may have become conceptually emptied of meaning — the foundation of what it represents still applies, and is relevant in all walks of life.

Thus, 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 contemplating filing for Federal Disability Retirement benefits must create a “bridge”, or a “nexus”, between one’s medical condition(s) and the positional duties of one’s job.

The underlying and inherent self-contradiction in the phrase itself is fascinating, if one pauses to reflect:  a “bridge” by definition” is intended to connect two or more points — from A to B, to perhaps other destinations. Yet, because a “bridge to nowhere” fails in its very definitional inception by only going from point A to … (?), as such, it undermines its own definition and purpose.  It is not a bridge.  The “nowhere” destroys the conceptual integrity of the “bridge“, and therefore the phrase itself is a conceptual conundrum of nonsense.  In order to regain its conceptual identity, one must go back to the foundational purpose of what a thing “is”, in order to regain what it must become and why it has lost its identity.  As in most things in life, we must go back to Aristotle’s “first principles”.

In Federal Disability Retirement, one needs to go back to what the question is that is being asked on Standard Form 3112A, its purpose, its directive focus, and why it is that the Office of Personnel Management is asking the question.  Only then can one begin to effectively formulate the bridge between one’s medical conditions, and the impact upon one’s positional duties, whether as a Federal employee or a Postal worker.

In a Federal Disability Retirement case, the “bridge to nowhere” will result in a denial of a Federal Disability Retirement application.  The bridge must begin from a point of relevance, and end in its intended destination.

Sincerely,

Robert R. McGill, Esquire