Federal Disability Retirement Layer: Cartoons & Carnivals

In exclusively representing Federal employees and Postal workers to obtain Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the stories that are shared, the frustrations felt, and the tales left untold, collectively boggles the fragile mind.

Yes, by now, perhaps it is a truism that nothing under the sun can further be revealed that is of a surprising nature; but it is often just the sheer cumulative absurdity which, in their aggregate compendium of events, could only have occurred in cartoons and carnivals.  By contrast, there is the seriousness of the medical condition itself.

That is always the starting point, and the essence of why Federal and Postal workers contact an attorney who handles OPM Disability Retirements, based upon whether the Federal employee or the U.S. Postal worker is under FERS, CSRS or CSRS Offset.  Eligibility rules must first be met; then, the issue of entitlement must be proven by a preponderance of the evidence.

The comical relief and the sense of a carnival atmosphere, where cartoonish characters collide with the sobering reality of one’s medical condition and the potential end to one’s career in the Federal sector, arises inevitably through the actions of the agency, and their complete lack of empathy or concern.

Yes, agencies must continue to remain efficient; and yes, they must continue in their mission and course of work; but in the end, all we have left is family, community, values and vestiges of human interaction, and the littered graveyards of silent skeletons where marked graves and unmarked cemeteries speak not of efficiency, meanness and uncaring residues, but only where fresh flowers and wreathes of caring surround the frozen ground of time; yes, only in cartoons and at carnivals do people act with the absurdity of loss of humanity.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Making the Legal Argument

Legal arguments are merely a subset of ordinary ones; as variations of the facetious quip goes, if the facts are not on the lawyer’s side, then he will argue the law; if the law is not, he will argue the facts; if neither, then he will attempt to confound and obfuscate both.

By sequence of logical argumentation, it is self-evident that “facts” must be the first order of presentation; then, persuasive discussions concerning those facts, forming and molding a given perspective (for there is surely a distinction to be made between that which “is” and that which “is seen” by a particular individual, bringing in the subjective component of interpretation and conveyance of information); and only after the facts have bespoken should persuasive efforts follow; and then, the legal argument to be made.

Thereafter, the question of how aggressive a legal argument; of pounding like a hammer, or the subtle tap of the constant but insistent drumbeat, guiding the listener with a roadmap as to why a decision should be made pursuant to persuasive force, or threats of further legal action.

For the Federal and Postal worker who is trying to have a Federal Disability Retirement application approved, the art of persuasion, the effective use of legal argumentation, and the delineation of factual roadmaps must be coordinated with the utmost of care.  Administrative processes are often replete with frustrating procedures to follow, and it is a dangerous endeavor to allow for one’s frustration to erupt when dealing with a bureaucracy which is rarely responsive, and normally unaffected by the most dire of circumstances.

Thus, in sequence of logical argumentation: The facts as portrayed in as objective a manner as possible; the interpretation of the facts, such that the subjective perspective is insightfully applied, but without the overuse of the “I’ or “me”; argumentation; then, and only then, the applicability of the law.

Federal Disability Retirement is a benefit offered to all Federal and Postal employees who meet the minimum eligibility requirements of time in Federal Service, age and a level of medical evidence which must be carefully and thoughtfully presented.

As such, for the Federal or Postal worker who intends on filing for the benefit of OPM Disability Retirement, whether under FERS, CSRS or CSRS-Offset, the art of factual and legal argumentation must be presented with persuasive force, often like the slow dripping of an unconstrained faucet, as opposed to the break of a dam.

Sincerely,

Robert R. McGill, Esquire