Federal Disability Retirement: Compartmental Clarity

Compartmentalizing issues, concepts, various technical terms, etc., leads to greater clarity, and therefore cuts down upon misunderstandings.  Ultimately, the ability to utilize and comprehend the proper technical terms in any area of law, or in a general sense of becoming “competent” with an issue, requires the proper adoption of a language game (as Wittgenstein would apply the term).

Becoming proficient in a language game is important because, to fail to do so can lead to real-life consequences.

Thus, in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, it is important to distinguish between Social Security Disability (which a FERS employee must also file for as part of the administrative, bureaucratic process of filing for Federal Disability Retirement benefits) and FERS & CSRS disability retirement benefits.  The latter must be filed through one’s agency, and ultimately must be decided by the U.S. Office of Personnel Management.

Then, of course, one must distinguish between Social Security Disability Insurance (SSDI), FERS & CSRS Disability Retirement from OPM (the acronym for U.S. Office of Personnel Management), and OWCP (standing for “Office of Workers’ Compensation Programs), administered through the Department of Labor (DOL), under the Federal Employee’s Compensation Act (FECA).

These are just some of the language-game terms of the three main areas of compensatory benefit programs — there are others, of course, including benefits from the Veteran’s Administration (VA).

It is best to begin by getting the terms right; to get the terms right, one needs to compartmentalize the terms into their proper usage and associated agencies, thereby leading to greater clarity.  By attaining a level of compartmentalized clarity, one can ensure that a discussion with an OPM Disability Retirement Legal Expert will lead to a fruitful consultation.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: Precision of Terms

Tools and weapons can be interchangeably and effectively utilized, and often with appropriate results; however, normally the intended usage is the preferred application, especially if one desires a result of precision and craftsmanship.  Thus, while using a shotgun to hunt pheasant is entirely appropriate, it may not be the best weapon of choice to kill a squirrel (although, again, it may still be quite effective).  Or, using a corkscrew to make a hole in the drywall may be effective, but perhaps messy.  While adaptation may be a sign of higher intelligence, it may also be indicative of a lack of appropriate knowledge.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, the “shotgun” approach used by many Federal or Postal applicants is often indicative of a misunderstanding of the applicable and relevant laws which must be addressed in a Federal Disability Retirement application.  Or, there are Federal Disability Retirement applications where repetitive “name-dropping” occurs — implying some knowledge, but to a dangerously limited extent.  “Bracey”, “Trevan”, “Bruner”, and multiple other names are inserted, often in contextually inappropriate ways (including, one hesitates to add, by lawyers and law firms), as if they are characters in a mystery novel, or perhaps in an HBO detective series.  Or, general terms such as “causality”, “rating”, “maximum medical improvement”, while appropriate in other types of compensatory filings, are almost entirely meaningless for purposes of obtaining Federal Disability Retirement benefits.

Precision of terms is necessary in the endeavor of preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management; for, in the end, the effective tool is the one chosen for its intended purpose, just as man without a teleological essence, is merely a wandering ape in a jungle of arbitrary appearances.

Sincerely,

Robert R. McGill, Esquire