OPM Disability Law: The Fatigue of Profundity & Requirement of Repetition

Profundity is overvalued.  With the advent of the internet and information technology, the widespread dissemination of seemingly esoteric array of knowledge and know-how (yes, there is a distinction with a difference between the two), everyone is vying for the heard voice, and the break-out from the herd.  One becomes easily fatigued by seemingly deep insights, or “new” data and facts upon otherwise mundane concerns.

Repetition is considered as a trait of boredom; but the longer one lives, the more one recognizes that there is truly little new under the sun, and the apparent newness of X is merely a regurgitation of the old Y of yore.   But repetition does have its own uniqueness of value, and inherent strength of significance.  For, often, a person who turns the same corner as thousands, and tens of thousands before, may be encountering the next block for the first time, and what those before him or her did has little to no significance to the epistemologically privileged experience for that singularity of uniqueness.

Thus, for Federal employees and U.S. Postal workers who experience a medical condition, such that the medical condition begins to impact one’s ability and capacity to perform the essential elements of one’s job, the knowledge that many, many Federal and Postal employees before were able to file for, and get approved, Federal Disability Retirement benefits through the U.S. Office of Personnel Management, so long as one is under either FERS, CSRS or CSRS Offset, the comfort of which one may partake rests in the fact that one is not alone; yet, it is not purely a “repetition” of sameness but a genus of similarity; for, as each medical condition and every circumstance reveals a uniqueness which must be dealt with individually, so each Federal Disability Retirement case must be handled with care.

At the same time, however, it is of value to recognize that repetition of relevant laws, statutes and regulations, cited in the ordinary course of preparing an effective Federal Disability Retirement application, is necessary for success in obtaining the benefit.

From the standpoint of OPM, the fatigue of profundity comes in failing to view a particular case with “new eyes”; from the viewpoint of the Federal or Postal worker who is filing for Federal Disability Retirement benefits for the first time, it is the inability to recognize the requirement of repetition which often results in an ineffectual formulation of one’s case.

Sincerely,

Robert R. McGill, Esquire

 

The Effective Use of Language in the Federal Disability Retirement Application

As a paper presentation to the U.S. Office of Personnel Management, Federal Disability Retirement must by necessity be based upon the effective use of language. Language — that all-encompassing compendium of vocabulary, grammar, word-choice, topical selection, verbs, descriptive ascriptions, use of nouns and action verbs, etc. — is the vehicle of requirement, all within the constraints of providing validating evidentiary proof in preparing a Federal Disability Retirement application; and it must be delineated within the purview of factual validation and guided by truth within the context of a methodological approach of persuasive force.

Filing for Federal Disability Retirement, whether the Federal employee or the U.S. Postal worker is under FERS, CSRS or CSRS Offset, is a test of one’s use of language — a vehicle of communication provided in written form, to be reviewed, analyzed and evaluated for persuasive impact and convincing force, by an unknown entity, represented by a person who is merely a stranger with a title allegedly having technical expertise and validating credentials within a greater bureaucracy of a complex administrative process.

Put in this way, it can be a daunting, hair-raising process; and, indeed, the mere superficial perusal of the Standard Forms (SF 3107 series for FERS employees; SF 2801 series for CSRS and CSRS Offset employees; SF 3112 series for all employees, whether under FERS, CSRS or CSRS Offset) provides a glimpse into the complexity of the process.  For the initial stage of the process, the onus is entirely upon the Federal or Postal applicant who is filing for Federal Disability Retirement.

Then, if it gets denied at the First Stage by the Administrative Specialist at the U.S. Office of Personnel Management, there is a double-duty whammy (no, the latter is not a legal term or even a term of art), in that the Federal or Postal worker whose Federal Disability Retirement application is denied, must contend with attempting to comprehend the basis of the denial as propounded by OPM — again, understanding, evaluating and analyzing language, and the necessity of replying with the complexity of using that language.

Thereafter, one must then, in essence, “start all over”, and reengage, and apply the vehicle of effective language again, but this time not only in reworking the persuasive vehicle to provide additional evidence to meet the requisite legal criteria, but at the same time to answer the concerns the arguments as stated in OPM’s denial — which is customarily the use of worn and dated templates used by Federal Disability Specialists over and over again in all OPM Disability Retirement application denials.

To take liberties and paraphrase Wittgenstein, this is a language game of epic proportions, and the masters who play the game must know and apply the rules, and understand the various strategies which result in the successful and effective force of play in preparing, formulating and filing for OPM Disability Retirement benefits from the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire