FERS & CSRS Disability Retirement: Legal Standard & Persuasion

There is a distinction between the existence of a legal standard and the citing of such legal standard — to include statutory references, case-law citations, etc. — and the art of persuasion.  In reviewing Federal and Postal Disability Retirement applications which have been previously prepared, formulated and submitted by unrepresented Federal and Postal employees, which have been denied, it is often refreshing to see how laymen (i.e., "non-lawyers") have utilized cases and case-law citations (often straight from some of my articles and blogs) in arguing his or her case.  The problem with such an approach, however, is that the unrepresented Federal or Postal employee will often refer to such legal standards without engaging in the necessary art of persuasion.  Legal standards are certainly there to be used; however, there is a proper way and methodology of utilizing legal standards, and an improper way.  The improper way is to use the legal standard as a hammer — of stating:  X exists and states Y, therefore you must conclude Z.  The proper methodology in utilizing a legal standard is to engage in the art of persuasion:  X exists, and X determines why Y must come about, and therefore Z should be the logical conclusion, and here are the reasons why.  Normally, I advise against non-lawyers using the law precisely because of the potential mis-application of the methodology.  Leave the law to lawyers; that is why lawyers are hired.

Sincerely, Robert R. McGill, Esquire

There is a distinction between the existence of a legal standard and the citing of such legal standard — to include statutory references, case-law citations, etc. — and the art of persuasion.  In reviewing Federal and Postal Disability Retirement applications

View Attorney Profile

Robert R. McGill

Licensed since 1988

Member at firm Robert R. McGill

AWARDS

Champion Badge Platinum

RECENT POSTS

  • FERS OPM Disability Retirement: Similar Lives
    Posted on October 16, 2019
    Topic: Administrative Law

        Dissimilarity is what threatens us; similarity — the notion that there are shared, common characteristics between you and I — provides for an acceptable level of comfort and security. When we learn about the lives of the “rich and famous”, other than feeling some sense of envy, we can still imagine enough similarity ... Read more

  • FERS OPM Disability Retirement: The Albatross
    Posted on October 15, 2019
    Topic: Administrative Law

         The reference is likely outdated. One doesn’t hear of the phrase, anymore, that “X is like an albatross around my neck.” If it is referenced at all, one is likely to witness everyone standing around within earshot to whip out their smartphones and Google it, to find: Literally a large sea bird. The ... Read more

  • FERS OPM Disability Retirement: What we Seek
    Posted on October 14, 2019
    Topic: Administrative Law

         Can everyone’s desire be placed under a single rubric, a single conceptual umbrella which captures the essence of human want? Is it happiness we all seek? A sense of security, or perhaps of joy, contentment, peace or love? And if we were to all agree concerning the single most important goal for which ... Read more

Robert R. McGill

Licensed since 1988

Member at firm Robert R. McGill

AWARDS

Champion Badge Platinum

RECENT POSTS

  • FERS OPM Disability Retirement: Similar Lives
    Posted on October 16, 2019
    Topic: Administrative Law

        Dissimilarity is what threatens us; similarity — the notion that there are shared, common characteristics between you and I — provides for an acceptable level of comfort and security. When we learn about the lives of the “rich and famous”, other than feeling some sense of envy, we can still imagine enough similarity ... Read more

  • FERS OPM Disability Retirement: The Albatross
    Posted on October 15, 2019
    Topic: Administrative Law

         The reference is likely outdated. One doesn’t hear of the phrase, anymore, that “X is like an albatross around my neck.” If it is referenced at all, one is likely to witness everyone standing around within earshot to whip out their smartphones and Google it, to find: Literally a large sea bird. The ... Read more

  • FERS OPM Disability Retirement: What we Seek
    Posted on October 14, 2019
    Topic: Administrative Law

         Can everyone’s desire be placed under a single rubric, a single conceptual umbrella which captures the essence of human want? Is it happiness we all seek? A sense of security, or perhaps of joy, contentment, peace or love? And if we were to all agree concerning the single most important goal for which ... Read more