FERS Disability

Last Updated on October 13, 2014 by FERS Disability Attorney

As a paper presentation to the U.S. Office of Personnel Management, Federal Disability Retirement must by necessity be based upon the effective use of language. Language — that all-encompassing compendium of vocabulary, grammar, word-choice, topical selection, verbs, descriptive ascriptions, use of nouns and action verbs, etc. — is the vehicle of requirement, all within the constraints of providing validating evidentiary proof in preparing a Federal Disability Retirement application; and it must be delineated within the purview of factual validation and guided by truth within the context of a methodological approach of persuasive force.

Filing for Federal Disability Retirement, whether the Federal employee or the U.S. Postal worker is under FERS, CSRS or CSRS Offset, is a test of one’s use of language — a vehicle of communication provided in written form, to be reviewed, analyzed and evaluated for persuasive impact and convincing force, by an unknown entity, represented by a person who is merely a stranger with a title allegedly having technical expertise and validating credentials within a greater bureaucracy of a complex administrative process.

Put in this way, it can be a daunting, hair-raising process; and, indeed, the mere superficial perusal of the Standard Forms (SF 3107 series for FERS employees; SF 2801 series for CSRS and CSRS Offset employees; SF 3112 series for all employees, whether under FERS, CSRS or CSRS Offset) provides a glimpse into the complexity of the process.  For the initial stage of the process, the onus is entirely upon the Federal or Postal applicant who is filing for Federal Disability Retirement.

Then, if it gets denied at the First Stage by the Administrative Specialist at the U.S. Office of Personnel Management, there is a double-duty whammy (no, the latter is not a legal term or even a term of art), in that the Federal or Postal worker whose Federal Disability Retirement application is denied, must contend with attempting to comprehend the basis of the denial as propounded by OPM — again, understanding, evaluating and analyzing language, and the necessity of replying with the complexity of using that language.

Thereafter, one must then, in essence, “start all over”, and reengage, and apply the vehicle of effective language again, but this time not only in reworking the persuasive vehicle to provide additional evidence to meet the requisite legal criteria, but at the same time to answer the concerns the arguments as stated in OPM’s denial — which is customarily the use of worn and dated templates used by Federal Disability Specialists over and over again in all OPM Disability Retirement application denials.

To take liberties and paraphrase Wittgenstein, this is a language game of epic proportions, and the masters who play the game must know and apply the rules, and understand the various strategies which result in the successful and effective force of play in preparing, formulating and filing for OPM Disability Retirement benefits from the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire