OPM Disability Retirement: Experience versus Articulation of the Condition

One of the first rules announced in any elementary creative writing course is for the budding writer to “show” the reader through descriptive sentences, as opposed to “telling” the audience what has happened.  The distinction itself is often difficult to describe; it is like the dividing line between light and darkness — we know it is there, but cannot precisely pinpoint the demarcation line.

Similarly, in law, there is a difference between the “facts of the case” and “proving the case“, and indeed, the difference can encounter major difficulties in overcoming the obstacles presented by the distinction (i.e., it is not the proverbial “difference without a distinction”).  Thus, even though one may have all of the facts in favor of one’s case, unless one can prove them (and overcome legal objections, technical obstacles for inclusion and introduction of such evidence, etc.), such an advantageous position may in the end be meaningless unless the articulation of the facts to the jury can be effectuated.

Analogously, in a Federal Disability Retirement application with the U.S. Office of Personnel Management, whether under FERS or CSRS, the fact that one may experience a debilitating medical condition is merely the foundational basis of an effective Federal Disability Retirement application.  Beyond the existence of a medical condition, a series of connecting steps must be established:  treatment of the medical condition; articulation of the medical condition by a treating doctor; a nexus between the medical condition and one’s positional duties with the Federal government or the U.S. Postal Service; information conveyed as to the impact between one’s duties and the medical condition, etc.

In other words, while the experiential value of the medical condition forms the foundational basis of a Federal Disability Retirement application, the articulation of that medical condition in a systematically persuasive vehicle of communication is paramount in “proving” one’s case.  Certainly, experience is the beginning point; but beyond that, one must set about to establish the necessary proof in articulating an experience.

In flying on an airplane, one would certainly rather have an experienced pilot than a brash young pilot who has never flown but who can talk a lot; but in a Federal Disability Retirement application, it is the one who has both — the “experience” of a medical condition, as well as the ability to articulate the condition — which will prove one’s case; and in so doing, hopefully the trip forward will result in minimal engine troubles, and fewer bumps in the administrative ride of filing for Federal Disability Retirement benefits with the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

Early Medical Retirement for Disabled Federal Workers: Persuasiveness

The ability to persuade requires two components:  One who utilizes the tools of persuasion; and a receptive audience, open to an alternative perspective, and willing to regard and consider the arguments of the first.  

Power is often the single most obstructive obstacle placed in the path of persuasion, precisely because it makes an individual, entity, organization or agency believe that it does not need to be persuaded to change course.  Watching news shows and political interviews is quite instructive in the loss of society’s ability to either listen, or to persuade.  The rule today is to talk, and as long as the monologue lasts, the opponent is given no opportunity to respond.  He who talks the most, and the loudest, wins the debate.  

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important to recognize the mechanisms already in place, and to use them to one’s persuasive advantage.  

The Office of Personnel Management is the entity which must be persuaded.  Inasmuch as it is easier to approve a case, than to deny it and have it Reconsidered or appealed to the Merit Systems Protection Board, the approach must be one of:  What can be submitted to make your job easier, and to relieve you of your heavy caseload?  For one thing, a concise and streamlined Federal Disability Retirement packet.  For another, a Disability Retirement packet which is clearly proven.  And for a third, legal and other arguments which are simple but to the point.  

Meandering arguments and voluminous biographies, as well as diatribes of complaints, will not win the day.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: The Unique Story

This is a world which requires conformity and uniformity; eccentricity is a leisure which few can afford, and as the world operates on a factory-like assembly line, where productivity is the measure of one’s worth, so the uniqueness of a story gets lost in the fading echoes of a scream one hears in a solitary cave, where the sound of one’s cry reverberates deep into the chasm of darkness and the silent quiescence of water dripping upon a moss-covered granite surface.  That is why the poignancy of Chekhov’s story about an old man’s grief and his need to tell his story of the death of his son, resonates with us.

For the Federal or Postal employee who is considering filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important to strike the proper and delicate balance between recognizing the “uniqueness” of one’s case, and the pragmatic acknowledgement of the bureaucratic need of the Federal Agency (both one’s own as well as the U.S. Office of Personnel Management) to have a conformity of one’s story.

Yes, some history and background can be told in the Applicant’s Statement of Disability (although one must be careful in avoiding the pitfalls of ‘situational disability‘ and other issues); yes, one can provide some additional details of one’s ‘story’; but, ultimately, the issue which must be addressed is the legal one:  the essence of the case remains the same throughout.  Throughout, always prepare the Federal Disability Retirement case to conform to the law.

One’s story is unique; the uniqueness must be conformed to a standard of legal proof in order to meet the requirements of Federal Disability Retirement law; once told and conformed, you can still go out and relate your story to those who have a willing ear.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: The Perfect Wording

There are those who believe that, if only the ‘perfect wording‘ had been in place, then the outcome would have been different.  The problem with that view is twofold:  First, if a perfect word or wording had been chosen, the efficacy of such wording would further depend upon the entirety of the context which surrounds that wording, and second, it would depend upon the receptiveness of the person reading the document, or listening to the person talk, etc.

Grappling with the “perfect word” or phrase is a worthwhile venture and endeavor; more importantly, however, is the effectiveness of the “rest of the story” (as an old radio host would have put it — a man of antiquity and one who always sought the perfect word).

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, there is often the question (or multiple questions) of:  What should I say?  How should I say it?  Is it okay to say..?”  A singular choice of bad wording will not destroy a Federal Disability Retirement application; a string of bad wording might; the complete delineation of inclusive wrong wording surely will.

Unfortunately, the Federal or Postal applicant will never have the opportunity of a face-to-face encounter with OPM’s representative, in an effort to persuade a favorable Federal Disability Retirement application.  Perhaps one personal encounter would be worth a thousand words — if only OPM could “see” your medical condition — but that is not how the system works.

Wording is important; one word will not make a difference; the compendium of words can, and will.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: The Impersonal File

Creative writing courses almost always fall back on an old adage:  Show, don’t tell.  Such a simple advisory truism, while trite and overly simplistic, applies in so many aspects of what constitutes effective writing — whether for fiction, journalism (is there a difference between the two?), or in Federal Disability Retirement (the latter, of course, is a completely separate genre from the former two).

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important to apply all of the learned, effective tools of writing, in confronting every stage, every administrative hurdle, every step in the bureaucratic, administrative process.

In approaching a treating doctor:  remember that doctors are quite effective in compartmentalizing patients — separating a patient emotionally from the patient’s file; the cold, clinical approach of treating a medical condition without becoming “personally involved” is what a doctor is trained to do.  Thus, in obtaining the support of one’s treating doctor, it is important to break that silent wall of bifurcation, and often, simply sitting down with the doctor and explaining, talking, “personalizing”, is an important first step.

Another example:  the Applicant’s Statement of Disability.  That statement is the window to OPM’s soul.  It is the means and vehicle by which and through which one persuades the Case Worker at OPM that one has a medical condition which prevents one from performing the essential elements of one’s job.

Writing it well is the route to success.  Showing, and not merely telling.  Old adages tend to live on forever, because the truth inherent and embedded in them continue to thrive.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: Facts, Proof & Truth

In a perfect universe, the conceptual distinction between facts, proof & truth would be non-existent:  facts would in and of themselves prove X, and the truth of the factual proof would be self-evident.  But this is neither a perfect world, nor one in which recognition or acknowledgement of true, proven facts are conceded easily.  Other human factors intercede:  self-motivation; possible unspoken quota system (did he really say that?); misapplication of a standard or legal criteria; lack of knowledge; lack of training to be able to recognize the distinction, difference, and intersecting significance of the three, etc.  As such, because we occupy an imperfect world, it is important to understand the conceptual distinction between the three.

In preparing, formulating, and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, many Federal and Postal employees approach the administrative process of filing for Federal Disability Retirement benefits as if merely stating the “facts”, however compelling and substantively emotive, will “prove” the “truth” of the applicant’s statement of disability. But “facts” are merely the substratum (to borrow Aristotelian language) of the methodological process of effective argumentation; they must be proven to the Office of Personnel Management, and such proof must be persuasive to a level where the reviewing individual at OPM is persuaded of the truth of such proof.

The key to persuasiveness, of course, is argumentation; and argumentation must involve validity based upon an objective methodology, a logical and sequential statement of relevant facts, and (in the case of an administrative process such as Federal Disability Retirement) reference to statutes, regulations and case-law which provide the foundational reference-point for establishing eligibility.  Human beings are by definition imperfect constructs.  Slightly above the apes (although that is debatable), and certainly lower than the angels (that is not in dispute), one must therefore recognize that facts must be proven, and the truth of such proven facts must be asserted.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: “If Only They Understood”

Preparation of a paper presentation to the Office of Personnel Management must result in a product which is concise, effective and persuasive.  

The last term of the tripartite phrase, “persuasive”, is often the most difficult for the Federal or Postal employee, whether under FERS or CSRS, to objectively assess in a neutral, non-involved manner.  This is because the unrepresented Federal or Postal employee who attempts to prepare, formulate and file a Federal Disability Retirement application under FERS or CSRS is identical to the subject of the prepared application, and thus often has the approach and attitude of, “If only the case worker at the Office of Personnel Management knew what I am going through.”

Persuasion, the art of persuasion, and effective persuasion are comprised of a delicate balance between saying too little and overstating a case.  It is the ability to convey a state of facts which are confirmed by the medical records; involving a narrative which touches upon empathy, sympathy and a sense of pain or condition which the reader and recipient can somehow relate to; constrains ancillary issues which tend to detract from the central point of the narrative; and concludes with the idea that all of the “legal criteria” have been met.  

Obviously, it is through the power of words which such a persuasive Federal Disability Retirement application, submitted to the Office of Personnel Management, must be presented.  When the subject of the words is identical to the author of the words, the emotional turmoil is often mis-directed in the preparation of the Federal Disability Retirement packet.  

In the end, “if only OPM understood” — can become a reality if and only if the applicant understands first the objective legal criteria which must be met; then proceeds to meet those criteria in a systematic, detached manner; yet at the same time understanding the power of persuasion.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: Words

Words are peculiar entities; a mode of communication in a world of multiple methods of choosing which vehicle of conveying a concept, a descriptive word picture, an anticipated action; a historical event; a desire, a need, a want; and thus, the choice of which modality of communication to use, based upon effectiveness, utility, and context, is important.

The macro-choice of mode of communication, once chosen, then leads to the micro-choice of which words will be plucked from the universe of words. Whether from a Wittgensteinian perspective where language games merely parallel the “real world” out there, or the classical approach of words as representing such a world, the utility and effectiveness of words is an important determination in preparing, formulating and filing a Federal Disability Retirement application from the Office of Personnel Management, whether under FERS or CSRS.

Ultimately, for purposes of a Federal Disability Retirement application, the Federal or Postal employee is seeking the usage of the most effective word-choices.

In preparing and formulating the Applicant’s Statement of Disability (Standard Form 3112A), it is important to extrapolate from the total universe of words, those which will convey the meaning, delineate the concept, and evoke the proper emotive responses, as reflected accurately in comparison and contrasted with the words utilized by the doctors, the Supervisor, the Agency, etc.

Word choice is important.  Preparing and formulating a Federal Disability Retirement application is not just a matter of gathering the medical documentation and filing it. If that were the case, anyone and everyone could compile the data and submit it. Rather, it is the efficacy of words chosen which determine the success or failure of the entire endeavor; for, as words evoke a response, the person to whom a case is assigned at the Office of Personnel Management must read, analyze, evaluate, and ultimately decide based upon the words chosen.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for Federal & Postal Employees: Objectivity & Credibility

Whether justified or not, the conceptual interconnection between objectivity and credibility is inseparable.  This general rule is no different in filing a Federal Disability Retirement application under FERS or CSRS.  The appearance of objectivity naturally lends itself to credibility of an application.  If too much emotional fervor is infused into an application, the credibility of the application is immediately undermined.  Now, because any discussion concerning a medical condition, the impact of a particular medical condition upon one’s ability or inability to perform one or more of the essential elements of a job; impact upon one’s personal life, etc., inherently and necessarily encapsulates an emotional perspective, does this mean that most — if not all — disability retirement applications are somewhat undermined at the outset?  No, of course not.  The characterization of the application; the tone, tenor and approach, are all conveyed in the narrative of the application.  This is precisely why it is often dangerous for applicant to be one and the same as the person who prepares the Federal Disability Retirement application.  The subjective cannot become the objective without great effort; and few are able to expend the proper effort to effectuate the balanced tone of objectivity.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Argument, Persuasion & Logic

Filing an application for Federal Disability Retirement benefits under FERS or CSRS, either by a Postal employee or a non-Postal, Federal employee, is an administrative process which “requests” that a certain benefit be paid by the Federal Government.  In order to be approved, one must prove, by a preponderance of the evidence, that one has met the eligibility criteria that has been set forth through statute, regulation, and cases which have interpreted those statutes and regulations over the years.  Thus, like any other area of law, there is a large pool of legal issues which have arisen over the years.  Because of this, it is important to understand that a certain amount of argumentation, persuasion, and logical analysis and delineation must occur.  Many people are surprised when, after submitting the “paperwork” and attaching some medical documents to the application, that the Office of Personnel Management would deny the applicant’s submission, saying with surprise, “I thought it would be easy”.  In any area of law, administrative or otherwise, where the pool of issues has grown over many decades, there must be a level of argument, persuasion and logic which must be engaged.  The legal arena for being approved in a Federal Disability Retirement case for those under FERS or CSRS is no different.

Sincerely,

Robert R. McGill, Esquire