Posted on November 26, 2011 in Administrative Law
Just as Aristotle identified the conceptual distinction between two kinds of wisdom — theoretical and practical — so such a distinction, along with a third (mechanical), resulting and consequential end to the administrative process, exists in the procedures identified as "Federal Disability Retirement". The theoretical parallels the "preparation" portion of the process — of coming to terms mentally and emotionally with the necessity of filing for Federal Disability Retirement benefits, as a result of accepting that a medical condition is impacting one’s ability/inability to perform one or more of the essential elements of one’s job. Next, the Federal or Postal worker who is either under FERS or CSRS must apply that theoretical knowledge in a practical sense, by formulating the proper approach, by compiling the aggregate of medical evidence, describing a sufficient nexus between one’s medical conditions and the positional requirements of one’s job, etc.; and, finally, there is the "mechanical" portion of filing for Federal Disability Retirement benefits with the Office of Personnel Management — the actual filing of the application, as well as the completion of the necessary forms. Such conceptual distinctions and identification of different realms of necessary requirements which must be met, are helpful in taking a logical, sequential approach in preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS, if only to bifurcate in one’s own mind the realms which must be contemplated, applied and completed, before proceeding to the next step. Above and beyond the three conceptual realms of preparing, formulating and filing for Federal Disability Retirement benefits under either FERS or CSRS, of course, is the overarching need for good counsel and effective advice. Ultimately, practical application of a theoretical construct must begin with the wisdom to know that which is sufficient, applicable and effective; and while information is helpful, knowledge is the key to meeting the burden of proof, of showing that one’s Federal Disability Retirement application under FERS or CSRS meets the "preponderance of the evidence" standard of review.
Sincerely, Robert R. McGill, Esquire
Just as Aristotle identified the conceptual distinction between two kinds of wisdom — theoretical and practical — so such a distinction, along with a third (mechanical), resulting and consequential end to the administrative process,