The Balance of Relevance during the Preparation and Filing of an OPM Disability Retirement Application

Extraneous information is somewhat determined by the eye of the beholder; outsiders tend to view things differently from those who hold greater and more intimate knowledge through interconnected and intersecting relationships; and implied understandings, furtive glances and knowing stares, coupled with a wan smile, are often indicative of an intramural web of knowledge.

Looking to move into a neighborhood, one may drive through an area and see the pristine cut of well-manicured lawns, but it says nothing about the inner workings of friendliness or neighborly misgivings.  What we consider as relevant information in order to make a proper decision, is determined by the goal which is sought, and the means which must be employed to direct that purposive end.

For Federal employees and Postal workers who suffer from a medical condition, such that the medical condition determines the necessity of filing for Fed OPM Disability Retirement benefits through the U.S. Office of Personnel Management, the need to compile the compendium of relevant information, while including factual context and peripheral issues, must be evaluated and analyzed from the perspective of the “other” — the administrative specialist who will be reviewing the Federal Disability Retirement application at the U.S. Office of Personnel Management.

In any form of writing, there must always be a striking of a proper balance between information which constitutes the essence and core of a compilation, and the necessary contextual background which provides the guiding light of a directed narrative.  But some information, far from being mere extraneous narration, can actually undermine one’s stated goal.

Just as letters of bygone days and emails in modernity should never be sent in a fit of anger, so the temperament of retribution should be controlled in preparing, formulating and filing for Federal Disability benefits through OPM, whether the Federal employee or the U.S. Postal Worker is under FERS, CSRS or CSRS Offset.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: Searching for the Proper Balance

Herbal tinctures have become popular in recent times, as primary reliance upon pharmacological solutions characterized by the paradigm of traditional medicine has resulted in explosions of naturopathic alternatives.  But the proper balance and admixture of alcohol with the substantive extracts from medicinal plants is important in arriving at an effective solution; too much alcohol will merely result in having a potion without efficacy; too little, and the bitter taste will invite gastrointestinal convulsions.

It is always the search for the proper balance for everything in life which one seeks, and preparing an effective Federal Disability Retirement application, filed with the U.S. Office of Personnel Management (routed via one’s agency personnel office if the Federal employee or Postal worker has not been separated for more than 31 days), and whether the Federal or Postal employee is under FERS or CSRS, is no different.

Whether it is the medical documentation attached — the extent of detail, the volume of records, the content of history and surgical procedures, how far back, etc. — or one’s Statement of Disability as narrated on SF 3112A, the roadmap which one provides to the U.S. Office of Personnel Management is important in presentation for ease of readership, clarity of direction, and convenience of content-viewing by the Legal Administrative Specialist who will be reviewing, analyzing and evaluating the proper balance of one’s Federal Disability Retirement application.

Then, of course, there is the problem of what happens if a Federal OPM Disability Retirement application is denied at the First Stage of the process; for, it becomes all the more crucial to rebut, reply and reinvigorate one’s OPM Disability Retirement application with all of the admixture of legal tinctures, somewhat like the witch doctor who tries different potions and knows which elements will result in a fiery brew of healthy, bittersweet taste of success.

Sincerely,

Robert R. McGill, Esquire

 

Federal and Postal Disability Retirement: Process versus Substance

The emphasis and magnified focus upon process-issues as opposed to the underlying substance of an endeavor is often misplaced; yet, the problem is, if one ignores the former, the latter may never reach fruition because it may never arrive at its intended destination.  The question of balance between the two is an important one; for, the greatest of ideas may have historically vanished not because the idea itself was one lacking in value, but rather because it never received the sales pitch which effectively presented itself into the stream of commerce.

Similarly, in a Federal Disability Retirement application, whether under FERS or CSRS, through the U.S. Office of Personnel Management, while it is important to understand the administrative process of the “nuts and bolts” of filing (i.e., who does it go to; which form is completed by whom; how long does it take at point X; what happens after destination Y, etc.), it is preliminarily of relevance to get the substance of the application in order (i.e., the proper medical report with all of the essential elements in place; one’s statement of disability which addresses the issues of concern to OPM; any legal arguments and invocation of precedent-setting arguments, etc.).

Process gets us there; substance is the “that” which gets there.  If there is no “that”, it will be no use for the “there”; and, conversely, if it never gets there, it will not make a difference.  Ultimately, however, while both are of importance, it is the substance of the case which makes the difference, and the focus should be upon that substance before one’s attention is placed upon the vehicle of delivery.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: An Aristotelian Approach

Aristotle’s Nicomachean Ethics has been the primary foundation for the Western paradigm of proper behavior in philosophy.  Quite distinct from his obtuse Metaphysics, the ethical framework of Aristotle takes a pragmatic, almost Confucian approach to correct behavior — balancing context, temperament, timing and correct behavior in formulating a modulated encompassment of how one should act.

As with all things in life, there must be a “balance” — and a recognition that time and relative context of affairs must be taken into consideration before one should act.  In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether one is under FERS or CSRS, one must similarly recognize that there is an insight into the balance of life before one can proceed with any action, whether it is an administrative action before the U.S. Office of Personnel Management, or before one’s own agency.

A Federal Disability Retirement application must be “proven”; as such, there is a distinction to be made between that which one “experiences”, and that which one can “prove”.

In such a context, sometimes a medical retirement packet may take some time in order to fully develop and evolve.

Doctors may not be able to be approached immediately; instead, at the right time, and in the right manner, they may be willing to provide the necessary medical and professional support in order to make one’s Federal Disability Retirement case successful and productive.

The pragmatic approach which Aristotle used in his ethics is still relevant today:  at the right time, in the proper context, and taking into consideration the temperament of others.  In this way, success can be attained by possessing an insight and wisdom into the world of human affairs.  This was the approach of Aristotle; and so it was with Confucius.

Sincerely,

Robert R. McGill
FERS Disability Attorney