The Bridge

The “bridge to nowhere” has become a metaphor for wastefulness and needless expenditure, both in terms of effort and resources.  It is a phrase in politics which has become overused and bandied about for political gain, attack ads and undermining of an opponent’s credibility.  As a political tool, in its very repetitiveness of its incessant utilization and reactive assignation against opponents, it has lost its efficacy.  Yet, in a very real sense — while the phrase itself may have become conceptually emptied of meaning — the foundation of what it represents still applies, and is relevant in all walks of life.

Thus, in preparing, formulating and filing for Federal Disability Retirement from the U.S. Office of Personnel Management, whether under FERS or CSRS, the Federal or Postal employee contemplating filing for Federal Disability Retirement benefits must create a “bridge”, or a “nexus”, between one’s medical condition(s) and the positional duties of one’s job.

The underlying and inherent self-contradiction in the phrase itself is fascinating, if one pauses to reflect:  a “bridge” by definition” is intended to connect two or more points — from A to B, to perhaps other destinations. Yet, because a “bridge to nowhere” fails in its very definitional inception by only going from point A to … (?), as such, it undermines its own definition and purpose.  It is not a bridge.  The “nowhere” destroys the conceptual integrity of the “bridge“, and therefore the phrase itself is a conceptual conundrum of nonsense.  In order to regain its conceptual identity, one must go back to the foundational purpose of what a thing “is”, in order to regain what it must become and why it has lost its identity.  As in most things in life, we must go back to Aristotle’s “first principles”.

In Federal Disability Retirement, one needs to go back to what the question is that is being asked on Standard Form 3112A, its purpose, its directive focus, and why it is that the Office of Personnel Management is asking the question.  Only then can one begin to effectively formulate the bridge between one’s medical conditions, and the impact upon one’s positional duties, whether as a Federal employee or a Postal worker.

In a Federal Disability Retirement case, the “bridge to nowhere” will result in a denial of a Federal Disability Retirement application.  The bridge must begin from a point of relevance, and end in its intended destination.

Sincerely,

Robert R. McGill, Esquire
FERS Disability Retirement Lawyer

Attorney McGill specializes in Federal Employee Disability Retirement Law.  He spends all his law practice time helping Federal and Postal workers secure their FERS Disability Retirement benefits.  You may contact Robert by sending him an email message or by calling him to schedule a free and confidential 30-minute initial consultation.

Relying on Common Sense

The problem of relying on “common sense” (as that term is often used and understood) is that such reliance not only reflects a presumption that one possesses that very quality that we deem and recognize as “common sense”, but further, that we assume that we have such sense to realize one possesses it, and additionally, that the person to whom such sense is applied also has it.  In preparing, formulating and filing for FERS Disability Retirement benefits from the Office of Personnel Management, it is indeed an arbitrary delegation and assignment of one’s case, that the Case Worker would possess that very quality in the process of evaluating, analyzing and reviewing the Federal Disability Retirement application.

Instead, what normally happens is that the OPM Case Worker mechanically applies a sheet containing the “7-part Legal Criteria” and determines whether or not a Federal Disability Retirement application satisfies each of the criteria.  But much of OPM Disability Retirement has to do with subtle implications and “reading between the lines” of a medical report, and coming to a “common sense” conclusion by extrapolating and actually analyzing the connection between one’s positional duties and one’s medical conditions, and determining whether or not an inconsistency exists.

Further, when the Bracey decision concerning the concept of “Accommodations” is considered, the issue of inconsistency between a Federal or Postal position and the medical condition can be viewed in a proper light and context, with greater clarity.  But to rely upon common sense — both in one’s self, and in someone else — is a dangerous assumption: one which proves the old adage about making a donkey out of you and me.

Sincerely,

Robert R. McGill, Esquire
OPM Disability Retirement Lawyer

While we do every effort to keep our blogs updated, Federal Disability Retirement Law changes over time, especially with new case laws and rules.  If you have any question about the FERS Disability Retirement process, please contact the author for a personalized consultationMr. McGill is the leading FERS Disability Retirement Attorney in the country.  He dedicates 100% of his practice in this unique field of law.

Keeping it Simple

In almost all instances, stating the obvious when filing for FERS Disability Retirement benefits is the rule to follow.  Another simple rule to follow: Keep it Simple.  Except in special circumstances (e.g., where there is a nebulous diagnosis and one must interweave multiple symptmatologies in order to bypass the possibility that you may be later precluded from “adding” a “new” medical condition, etc.), it is best to stick to a paradigm of a 1-to-1 ratio or correspondence of medical conditions, symptoms, impact upon work, etc.

Such a template can be dangerous to follow, however, because any Applicant’s Statement of one’s disability should never appear mechanical or stilted in its tone and tenor.  Emotionalism should not be stripped from an Applicant’s Statement of one’s disability in a Federal Disability Retirement application and, indeed, sterility should not be a goal to be sought.

That goal should be from the treating doctor, where technical medical terms present a sense of diagnostic objectivity and scientific validity.  But such simple rules as presenting the correspondence between specific physical conditions with the physical requirements of one’s job, and similarly, between specific psychiatric symptoms with the cognitive requirements of one’s job, is an important “rule” to follow.

Remember, however, that filing a Federal Disability Retirement application under FERS or CSRS is not a “perfect science”; in fact, it is not a science at all, but a mix between law, personal input, and medical facts, with the creative force of persuasion.

Sincerely,

Robert R. McGill, Esquire
FERS Disability Retirement Lawyer

The content of this blog may include FERS Disability articles previously published in other websites by the same author.  While we do our best to maintain our content updated, laws and rules are constantly changing, and therefore we can’t guarantee the accuracy of the information presented in this website.  You may, however, contact the author, Attorney Robert R. McGill, if you have any specific questions about current laws and regulations and to request a general evaluation of your Federal Disability Retirement case.     

Clarity and Conciseness

One can be completely clear in a statement, yet convey the information incorrectly.  Clarity of statement is merely the vehicle for precision; the substance of the information itself is a separate matter.  The problem with the former is that, it is often mistaken for comprehension by the conveyor.

Rambling, convoluted run-on sentences (yes, we all should have taken note and paid attention during those early grammar lessons) may be perfectly understood by the writer of such garbled conceptual constructs; but it is always the targeted audience which must be kept in mind when one’s goal is clarity of thought.  As for the latter, the substantive information must be screened and streamlined; volume of information in any endeavor cannot replace succinctness and precision of thought.

In preparing, formulating and filing for FERS Disability Retirement benefits from the U.S. Office of Personnel Management clarity and conciseness in preparing (especially) one’s Statement of Disability is crucial in attaining the success of one’s goal: an approval of Federal Disability Retirement benefits from the U.S. Office of Personnel Management.

Volume of information should not replace a well-prepared, concise disability retirement packet; and lengthy narratives will not undo the meanderings of imprecise connections between one’s medical condition, the positional duties one engages in, and the nexus between the two.

Sincerely,

Robert R. McGill, Esquire
FERS Disability Retirement Attorney

The information on this legal blog is for general information purposes only. Nothing on this website should be taken as legal advice for any individual FERS Disability Retirement case or OWCP claim.  This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.  If you wish to receive a more personalized evaluation of your current legal situation, considering the specifics of your medical condition(s) and your agency, please contact Attorney McGill.