OPM FERS/CSRS Disability Retirement: Substantive versus Linguistic Redefinition

Once the acceptance of dissociative dichotomy between language and the objective world became entrenched, the path of ease with which to tinker with language in order to adeptly fit language to reality (i.e., redefine words, concepts and meanings) became a simple next step in the process.

There are, of course, limitations.  A rock thrown and shattering a bottle is difficult to avoid, no matter how much linguistic gymnastics may be engaged.  For reality-based situations which must encounter the language game, one cannot come closer to the correspondence necessary than when one encounters a medical condition.

For the Federal and Postal Worker who must confront the reality of a medical condition, such that the medical condition impacts one’s life, livelihood and future financial security, the reality of the importance of “getting it right” is never more certain.

Often, the question is asked on a purely linguistic level: Will medical condition-X qualify me?  That is the wrong question.

For, Federal Disability Retirement, whether under FERS or CSRS, filed through the U.S. Office of Personnel Management, the question must be asked in an alternative manner, because the entire process of proving one’s case is unlike Social Security Disability and other forums.

In those “other” criteria, the identification of the medical condition itself — i.e., the linguistic identification of the issue — will often be enough to determine qualification criteria.  But for Federal Disability Retirement purposes, it is the direct encounter and confrontation between language and reality which must be faced and embraced: Not “what” identified medical condition, but rather, “how” the medical condition impacts, in the real world, the essential elements of one’s job and how one can adequately perform them.

Thus, Federal Disability Retirement cannot avoid the correspondence between language and reality; it is that very question touching upon the nexus between language (the identified medical condition) and reality (how that medical condition impacts the physical or cognitive ability of the worker to engage in the world) which must be answered.  Thus, no matter what linguistic deconstructionists declare: language does require a correspondence with reality, and truth does still matter despite the hard-fought and persistent attempts to otherwise make irrelevant that which we all accept in the everyday world.

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

OPM Disability Retirement: The Vicious Cycle of Psychiatric Conditions

The paradigm and general assumption of those who are not suffering from a chronic medical condition, especially of a psychiatric component — whether of severe Major Depression, Panic Disorder, Generalized Anxiety Disorder, Bipolar Disorder, or possessing characteristics of paranoia and suicidal ideations — is one of, “What’s the big deal?”

If you are going to file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, then why hasn’t the paperwork been done?  Why haven’t you gotten the medical reports (as if doctors just drop everything for their patients and fill out forms, etc.)?

Those who are not in the same shoes as a person who suffers from psychiatric medical conditions, fail to understand the vicious cycle — of the impact of the medical condition itself, upon the very ability to proceed in a productive manner.  Yet, the puzzling question is:  If X could behave and produce in the same manner as non-X, would he/she be filing for Federal Disability Retirement benefits to begin with?

The vicious cycle of a person beset with psychiatric conditions involves the paralysis of behavior and the ability to create and produce.  Unfortunately, the world around us fails to understand or have the requisite empathy for such behavior.  To get out of the cycle of paralysis, the sufferer of psychiatric medical conditions will often need the advice and legal assistance of someone who can guide, prompt and implement.

The world is an uncaring system of rules and regulations; empathy and understanding, unfortunately, are not written into the law of life.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Technical Difficulties & the Problems of Life

Sometimes, regularity of activity is interrupted by what is generally deemed as “technical difficulties” and the common problems of life; and, indeed, for those who have noticed that the undersigned writer did not post a blog in the past couple of days, that is precisely what occurred — “technical glitches” which prevented the posting.

But that problems of life, including medical conditions which impact one’s ability or inability to perform all of the essential elements of one’s Federal or Postal job, should be as minor as everyday difficulties of life made interesting by mere technical glitches — that would be acceptable and tolerable.  But for the Federal or Postal employee who is suffering from medical conditions which are so serious that they begin to impede and interfere with the very ability to perform the essential elements of one’s career, job, and positional duties — that is when Federal Disability Retirement benefits should be considered.

Ultimately, preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, is not a matter of choice, but one of necessity.  Unlike a technological glitch which presents a problem within a short, specified period of time; or a “life problem” which presents a difficulty where an individual must make some choices and decisions which, hopefully, would resolve such problems or at least lessen the reverberating impact of the difficulties — in contrast, a medical condition which prevents a Federal or Postal employee from performing one or more of the essential elements of one’s job, is a life-changing event, with immediate impact, future consequences, and an all-encompassing tidal wave of meaningful impingement upon one’s very being.

It is a life-changing decision; not just a technical glitch, but a road which must be taken.  In doing so, it is important to do it “right”.

Sincerely,

Robert R. McGill, Esquire

Early Retirement for Disabled Federal Workers: OPM & History of Medical Conditions

There is a distinction to be made between one’s medical history and an extensive discussion of workplace issues which may have contributed to a causal impetus for a medical condition.  

The Office of Personnel Management is rarely interested in receiving information concerning the history or causation of a medical condition — especially from the Applicant in a Federal Disability Retirement application.  While the treating doctor may briefly refer to the historical genesis of a medical condition in a narrative report, it is the focus of the present-to-recent-past impact of one’s medical conditions upon the essential elements of one’s job which the Office of Personnel Management is interested in reviewing.

Again, remember that a Federal Disability Retirement application is a “paper presentation” to an onerous, overbearing and overworked Federal bureaucracy, where one’s private affairs (the most private of all — one’s medical conditions and their impact upon one’s personal and professional conduct of affairs) are to be presented, received, and ultimately reviewed.  

History of the inception, origin and impact of a medical condition may be peripherally relevant to the treating doctor, and it would be appropriate to include such historical background in a medical report; but for the Applicant, to delve too deeply and extensively upon such historical context may place the peripheral into a central focus where it should not be.

Sincerely,

Robert R. McGill, Esquire

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

The entire process of preparing and filing a Federal Disability Retirement application under FERS or CSRS should be accomplished with the view that it will end up at the Merit Systems Protection Board, being heard by an Administrative Judge.  This is why much thought and preparation should foreshadow each application.  There should be a running theme throughout the narrative which reveals the individuality of a person’s medical condition and how that medical condition impacts his or her ability/inability to perform one or more of the essential elements of one’s job

Truth should always be the guide; however, truth is always influenced by perspective.  It is the “perspective” of the Office of Personnel Management, in all Federal Disability Retirement cases under FERS & CSRS, to carefully scrutinize the narrative of the medical condition, impact upon the job, and the ability and inability to have the necessary connection between the two.  It is the perspective of the supervisor who will render his or her opinion based upon a limited knowledge and observation.  Perspectives must be questioned.  Thus, there is the opportunity for cross-examination at the MSPB level, which must be engaged in artfully and with care.  Each individual believes that his or her Federal Disability Retirement application is a “sure thing” at the First Stage of the process — until the reality sets in.  The reality, of course, is that every application must be prepared as if it is going to the MSPB, because it well might, and often does.

Sincerely,

Robert R. McGill, Esquire