Federal Disability Retirement: Reconsideration Selectivity

Perceptual selectivity is an adaptive process of some evolutionary benefits; otherwise, the voluminous extent of bombarding stimuli would be too much to process and digest. We naturally focus upon certain perceptual activities; perhaps it is the brighter colors, the more aggressive movements, the objects which seem to portend potential threats, etc.  In modern societies, where attacking cougars and lions are merely mythological stories of the past (except perhaps out West, where such events still abound), selective excision occurs more often in the context of linguistic extraction.

U.S. Office of Personnel Management - Disability, Reconsideration and Appeals Group

U.S. Office of Personnel Management:  Disability, Reconsideration and Appeals Group

For Federal and Postal Workers who file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS, the process of selective extrapolation and argumentation can be a frustrating encounter when a denial of one’s Federal Disability Retirement application is issued by the U.S. Office of Personnel Management at the initial stage of the process (and even at the Reconsideration Stage).

It is indicative of the decision-maker’s mindset, and not necessarily as a consequence of the proof submitted.  There may be quotations extracted from medical reports and records seemingly supportive of a denial, while all the time ignoring countervailing wording and opinions which contradict or otherwise reverse the unsupportive statements.

Selectivity in the endeavor to find support for one’s position is simply something that people do.  You may cry out, “But where is the objectivity which is supposed to exist?” Objectivity is a learned process, achieved through discipline and intellectually rigorous self-effacement; selective bias, on the other hand, is the natural default position resulting from the evolutionary vestiges of man’s former state of existence. The residue of man’s natural state will always remain; but with the camouflage of sophistication presented in modern society, selectivity of purpose can mask our former state of brutish behavior.

For those encountering such selective processes in a denial from the U.S. Office of Personnel Management, the road to counter it is to argue the compendium of fact, law and full context of medical opinions, in preparing a full counterattack representing a viable refutation. In the end, the attempt at selectivity of facts and the law can easily be rebutted; but it often takes an awakening of the other’s evolutionary tendencies — of a potential threat of stimuli through the aggressive use of the law — which will result in a victory via an award of one’s Federal Disability Retirement benefits from the U.S. Office of Personnel Management.

Sincerely,

 

Robert R. McGill, Esquire

 

 

Postal and Federal Disability Retirement: Selective Extrapolation

The game of selective extrapolation is played by many; there was a time when such a methodology — otherwise known as taking something “out of context” — was with simplicity and bluntness identified for what it is:  dishonest.  But in this day and age, it has come to be accepted, and even applauded, for such characteristics as “aggressiveness” and “smart play”.

Once, in an age where integrity and fidelity were upheld as character traits worthy of emulating, there was an affirmative duty to “tell the whole story” — that if X quoted from a document in fragmented form, it was one’s duty to provide the entirety of the context in order to be “fair”.  Perhaps it is the adversarial nature of the legal arena which allowed for this standard to change; or perhaps it is just part of the greater deterioration of the culture; in any event, in modern times, it is an accepted practice to merely take sentences, words, concepts and phrases out of context, and twist and mangle them to whatever form and usage will gain one’s advantage.

In Federal Disability Retirement law, especially in the context of a denial issued by the U.S. Office of Personnel Management, one will often find the use of selective extrapolation — of taking a lengthy, comprehensive medical report of a doctor, and choosing to quote an almost-irrelevant statement which seems to support a negative or opposite conclusion from that which the doctor has stated.  At first glance, one merely scratches one’s head with puzzlement; but after the initial shock, it must be recognized for what it is:  an attempt to merely justify the denial of a Federal Disability Retirement application.

How to rebut it?  Fortunately, the rebuttal is not made to the same individual who played the game of selective extrapolation; that would obviously be an act of futility.  The rebuttal must be forceful and head-on; call it for what it is, and provide the correct content and context.

In Federal Disability Retirement law with the U.S. Office of Personnel Management, whether under FERS or CSRS, one must prove by a preponderance of the evidence that one is entitled to Federal Disability Retirement benefits.  In order to do so, one must maintain a level of integrity which reveals the sharp contrast to those who engage in such games.

It is sometimes difficult to refrain from playing the other person’s game; but in the end, let’s hope that age-old standards of integrity and fair play will continue to win out.

Sincerely,

Robert R. McGill, Esquire

Early Retirement for Disabled Federal Workers: Responding to an OPM Denial

Fairness” is a term which is often thrown about freely, indiscriminately, and without thought, when an individual believes that he or she has been wrongly treated.  But an objective analysis of whether or not a particular type or mode of treatment of an individual is justified or not, should be determined by the criteria which has been previously applied.  

In order to accomplish this, there obviously has to exist a “criteria” to begin with.  The necessary precondition of an application of a criteria, in order to determine “fairness” in a given circumstance, should be self-evident.  Thus, in the world of sports, a charge of “unfair play” should be easily determined by looking at the predetermined rules of the game, whether such rules were properly interpreted and applied, and coming to a conclusion based upon whether such rules were followed.  Where there are no “rules” of the game, however, it becomes more difficult — both in alleging “unfairness”, as well as in determining how to analyze a violation of — of what?  Precisely.  

In responding to a denial of a Federal Disability Retirement application from the Office of Personnel Management, whether under FERS or CSRS, there is obviously the legal criteria of eligibility which one can point to.  But if the Office of Personnel Management “adds” to the legal criteria, or otherwise includes in its denial substantive legal jargon which has no applicability in a Federal Disability Retirement case, what is one to do?  

Some denials received from the Office of Personnel Management are fairly simple and straightforward; others, however, can encompass seemingly complex reasons and rationale rising to the level of complicated incomprehension, bundled in a mass of conundrums which puzzle even a legal expert.

To make matters worse, the author of such a denial is not the one responsible for the next level of review.  Instead, the denial from OPM is kicked over to the “Reconsideration Stage” Case Worker.  This can be both a blessing as well as a curse, of course.  Whether the former or the latter, one is left with the complex conundrum of calamities — an incomprehensible denial which must nevertheless be answered.

Sincerely,

Robert R. McGill, Esquire