OPM Disability Retirement: Experience versus Articulation of the Condition

One of the first rules announced in any elementary creative writing course is for the budding writer to “show” the reader through descriptive sentences, as opposed to “telling” the audience what has happened.  The distinction itself is often difficult to describe; it is like the dividing line between light and darkness — we know it is there, but cannot precisely pinpoint the demarcation line.

Similarly, in law, there is a difference between the “facts of the case” and “proving the case“, and indeed, the difference can encounter major difficulties in overcoming the obstacles presented by the distinction (i.e., it is not the proverbial “difference without a distinction”).  Thus, even though one may have all of the facts in favor of one’s case, unless one can prove them (and overcome legal objections, technical obstacles for inclusion and introduction of such evidence, etc.), such an advantageous position may in the end be meaningless unless the articulation of the facts to the jury can be effectuated.

Analogously, in a Federal Disability Retirement application with the U.S. Office of Personnel Management, whether under FERS or CSRS, the fact that one may experience a debilitating medical condition is merely the foundational basis of an effective Federal Disability Retirement application.  Beyond the existence of a medical condition, a series of connecting steps must be established:  treatment of the medical condition; articulation of the medical condition by a treating doctor; a nexus between the medical condition and one’s positional duties with the Federal government or the U.S. Postal Service; information conveyed as to the impact between one’s duties and the medical condition, etc.

In other words, while the experiential value of the medical condition forms the foundational basis of a Federal Disability Retirement application, the articulation of that medical condition in a systematically persuasive vehicle of communication is paramount in “proving” one’s case.  Certainly, experience is the beginning point; but beyond that, one must set about to establish the necessary proof in articulating an experience.

In flying on an airplane, one would certainly rather have an experienced pilot than a brash young pilot who has never flown but who can talk a lot; but in a Federal Disability Retirement application, it is the one who has both — the “experience” of a medical condition, as well as the ability to articulate the condition — which will prove one’s case; and in so doing, hopefully the trip forward will result in minimal engine troubles, and fewer bumps in the administrative ride of filing for Federal Disability Retirement benefits with the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: The Only Real Standard

In legal parlance, there are various and multitudinous “standards” — of proof; of evidence; of law, etc.  Some have higher, more stringent requirements; others are considered fairly de minimis, and can be satisfied with sufficiently targeted evidence.  All, however, share a common thread — that of persuading the trier of facts.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the standard of proof to be applied is one of “preponderance of the evidence”, which is considered a fairly low standard.  However, the only real standard of proof in any case — whether in administrative law, such as Federal Disability Retirement, or in civil litigation, criminal court, etc. — is one of pragmatic reality:  whoever hears the case, it is necessary to persuade the decision-maker.

Obviously, there is a distinction between an onerous standard, such as “beyond a reasonable doubt”, in comparison with a lower standard of proof such as “preponderance of the evidence”.  Whether, if and when, one has met a standard of proof, is not based upon a scientific calculus, and indeed, that is precisely why in closing arguments, an attorney will repeatedly argue that one has met the X-standard of proof, and these Y-reasons are why.

Theoretically, persuasive argumentation is not necessary if the facts themselves prove the argument.  In reality, however, it is the argument which brings the facts together into a coherent whole, and presents them to the viewer within a context and a specific perspective, such that the viewer or recipient of such information and facts can make a logical connection between a disparate conglomeration of facts, and reaches a conclusion that yes, the purpose for providing such facts has met its goal, etc. The key is to argue without seeming to argue.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important to understand this point of pragmatism:  One can get lost in the morass of legal parlance, and worry excessively about meeting the legal requirements; in the end, it all comes down to presenting an effective, persuasive Federal Disability Retirement packet, such that one receives a letter of approval from the Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire