Medical Retirement for Federal Workers: The Rule of Words

When does a child recognize the power of language? Perhaps it is at the moment when the ineffective response to a tantrum occurs, precisely because the demands conveyed by the destructive actions have not been adequately understood. But once the verbal ransom is received, linked to the potential screams and flailing of arms and legs, hence the power of words becomes consciously recognized.

Linguistic leverage contains a duality of meaning when stated in the concept of a “rule”; on the one hand, it means that there are certain criteria which must be followed in order to maintain the protocol of meaning and conceptual comprehension and intelligibility, as in the statement, “The Rules of language must be followed”; on the other hand, it can also convey the idea that language encompasses a power beyond the mere visibility on paper or on screen, as in: “Language rules the day”. It is the combination of both which, when followed and applied effectively, allows for the explosive efficacy of a presentation.

For Federal and Postal employees who are considering filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether one is under FERS or CSRS, it is always important to understand and appreciate the fact that a Federal Disability Retirement application is first and foremost a paper presentation to the office which makes a determination on the packet. Thus, tantrums and pleas will not move the bureaucracy; however, effective word usage will.

The connection between action and language must be contained in the Federal Disability Retirement presentation itself, through effective and persuasive use of language. When once upon a time a tantrum served one’s purposes well, such a time became long past when the rest of the world determined that language needed to be delinked from actions, and it is language alone which would rule the day.

For Federal and Postal employees suffering from a medical condition such that the medical condition impacts the ability to perform all of the essential elements of one’s job, the “action” part of the process is left to dealing with the medical condition itself. For the formulation and filing for the administrative procedures identified as “Federal Disability Retirement benefits“, it is the language itself which will rule the day, by following the effective rules of language.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: The Theory of Correspondence

20th Century Philosophy has witnessed the steady progression of deconstruction; of centuries of attempting to answer age-old questions which challenged the mind, only to be declared that it was, all throughout, the question which was the problem, and the imprecise manner of communication through language difficulties and conceptual confusions that created the unfathomable difficulties, and that therefore there are no substantive problems in philosophy to solve.

Bertrand Russell, the entire tradition of English Empiricism, and long comes Wittgenstein; and any theory of correspondence between language and the “objective” world was cast aside as being impractical, unendurable, and in the end, untrue — though, as truth itself became an empty concept, it remained a puzzle as to how such a declarative end could be proposed.

But it was ultimately the devaluing of correspondence which became most troubling; for, now, as there was and is no connection between language and reality, so an individual can do and say one thing, and be and remain another. Perhaps that is why Facebook, Twitter and electronic media are so popular; we have become who we merely declare we are.

That is often the insidious nature of a medical condition; when once it becomes known, we want to ignore it, conceal it, and think it away; but somehow the physical reality of one’s life cannot be erased so easily as words on paper, or through the use of a ‘delete’ button.

Medical conditions really do impact us; and if the Federal or Postal employee finds him/herself beset with a medical condition such that it prevents one from performing the essential elements of one’s job, then the reality of a career’s end and a change of vocation is one which is beyond mere words. But words and completing forms are what must be performed in formulating, preparing and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS or CSRS.

So, in the end, the integrity of correspondence occurs, despite what modern philosophy says — there is still, and will always be, a connection between language and reality, and that is clear and unavoidable for the Federal and Postal employee who must attempt to maneuver one’s way through the bureaucracy and administrative procedures of a Federal Disability Retirement case.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Communication Skills

The ability to communicate involves a complex process:  the capacity to identify and understand what needs to be communicated and for what purpose; retrieval of information and tools of communication from one’s storehouse and warehouse of knowledge; the proper choices to be made in gathering not only the substance of thoughts to be conveyed, but the sequence in which to purvey; editing and last minute self-censorship, as well as its corollary, embellishment of thought, in order to effectively delineate the verbal or written response; and all in an instant of a neurocognitive response.

Mishaps occur; wrong choices of words and combinations of conceptual constructs often become verbalized; and while retractions, apologies and declarations of regret can somewhat ameliorate such blunders, there is often the suspicion that what was stated was and continues to be the true intention and thoughts of the individual who spoke or conveyed them.

For Federal and Postal employees who are considering preparing a Federal Disability Retirement application through the U.S. Office of Personnel Management, whether under FERS or CSRS, the potential consequences of conveying the wrong thought, information or conceptual construct can result in a denial of a Federal Disability Retirement application.  That is why it is often necessary to hire an attorney experienced in identifying the proper methodology of information to be conveyed and delineated.

Real life consequences can result from a bureaucratic process such as Federal Disability Retirement.  Unlike family gatherings where mere words are spoken, an application for Federal Disability Retirement benefits cannot be repaired with a simple statement of apology; for, that which leaves the mouth or the written pen, is often the sword which slays the beast.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Divide between Words and Reality

The problem with the linguistic universe is that they create a parallel universe which can be completely devoid of any connection or correspondence to the reality of the world which we occupy; thus the span of genres of imaginary creations, including fiction, science fiction, fantasy; as well as the virtual world of video games (which encompasses language because of the imaginary conversations which act “as if” the events occurring in the game itself are real).

The danger of language is that it may well communicate far more than what the objective world represents; and, conversely, it can also convey far less than what one may intend.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the point of language is to describe and delineate the reality of one’s situation; the severity of one’s medical condition; the logical nexus between one’s medical condition and the positional duties one must engage; and the reasoning, based upon medical evidence, of why the Federal or Postal employee cannot perform one or more of the essential elements of one’s job.

The wide chasm between the world of language and the world of objectivity is the test of success; for, it is the one who can close that gap, and represent the reality of one’s universe by the correspondence of language, who will achieve a successful outcome.

The great divide between language and reality is a challenge which must be approached with care and trepidation; for, in the end, if language fails to correspond to reality, what would be the point of civilization in its endeavor to maintain the historicity of its existence?

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: Getting the Right Nomenclature

Throughout the history of philosophy, there was a pervasive presumption that substantive questions concerning Being, Truth and Falsity, reality versus appearances — and a wide spectrum of similar conundrums wrapped within the mystery of life within a coil of the unrevealed physical universe and further complicated by the bifurcation of consciousness and the physical realm and the problem of dualism which it represented —  required a systematic approach of questioning, evaluating, analyzing and (hopefully one day) resolving.  In such a process, it was always important to apply the technical nomenclature in a systematic approach.

Then came the English analytical philosophers — culminating in Wittgenstein (although he was Austrian) — and it is only natural that it would be the English (who have always believed that Americans don’t know how to speak the English language properly, anyway) who dismissed all such philosophical problems as mere language difficulties.

Again, the problem of nomenclature.  Whether one accepts the demise of philosophy as merely a problem of language and language games, it is always important to recognize that in any endeavor, subject, issue, etc., utilizing the proper words, phrases and terminology is vital to precision in thinking.

Thus, when an individual is preparing to file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, it is important to understand that conceptual constructs belonging to one area of law are not interchangeable with other areas.  Usage of terms such as “Maximum Medical Improvement”, “Unemployability Rating”, “Inability to engage in daily living activities”, “On the job injury”, etc., and other related terms, may have little-to-no significance in a Federal Disability Retirement application.

On the other hand, usage and application of some evidence from one area of law may be successfully argued in another area; but that occurs only when, and if, the proper distinctions and truncated differentiations are applied.  In the end, perhaps the English analytical philosophers were right — analysis and correction of linguistic confusions constitute much of our problems.  But to admit to such folly would be to acknowledge that the sun continues to cast an ever-pervasive shadow from the colonialism of the old English Empire.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: The Language Used

Filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management is a “paper presentation” which must be “proven”.  It is thus not technically an “entitlement”, but rather an accessible benefit which must meet certain legal guidelines as set forth by Statute, subsequent Regulations propounded by the U.S. Office of Personnel Management, and Case-laws and Court opinions as rendered over a long course of time by various courts and administrative agencies, such as the U.S. Merit Systems Protection Board and the Court of Appeals for the Federal Circuit.

When one steps back and observes the entirety of the process, it is — from inception of the administrative procedure to its conclusion in receipt of payment of a Federal Disability Retirement annuity — a massive compendium and compilation of “language”.  Throughout the process, little need be spoken of or to; rather, the written word — that malleable tool of communication — is placed from mind-to-ink-upon-paper, to be presented to another receptive mind, in order to evaluate, analyze and ultimately conclude with a decision, whether as an initial approval or a denial.  If a denial, then the process continues without interruption as heretofore described.

As such, because Federal Disability Retirement through the U.S. Office of Personnel Management, whether under FERS or CSRS, is comprised by the linear, sequential and persuasive use of language, it is important to utilize the tool effectively, and to apply all of the forces of language which will make for an effective presentation:  brevity, but with emotive force; succinct, but with logical persuasiveness; comprehensible, but with descriptive expansiveness. Language is the tool to be used; as the preferred and necessary tool, it must be applied with careful choosing, in order to be effective in preparing, formulating and filing for Federal Disability Retirement benefits, whether under FERS or CSRS, from the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire