OPM Disability Retirement: The Imperfect Law

Law is an imperfect science; indeed, one could dispute the ascribing of law as a “science” at all, except in a generic, loose sense of the word.  Like the sciences, it is an observation and gathering of empirical evidence (“just the facts, please’); like science, it is an application of a hypothesis (proposing an applicable theory of law upon the gathered facts); and like science, the results of applying the hypothetical model upon the empirical evidence must take into account the factors of error, the possibilities of various elements which may impact upon a perfect study (i.e., the personalities and quirks of a jury or a judge, for example).   But that is where the resemblance between science and law end. 

More often than not, the practice of law is nothing more than what Hume’s famous argument concerning causality entails:  repetitive observation of an event does not necessarily result in the same effect the next time around; it is merely experience which guides the observer to predictably conclude certain end-results.  To that extent, administrative law, and specifically Federal Disability Retirement law for Federal employees under FERS or CSRS is no different.  Law, as engaged in actively by an attorney of law, is the acute observation of the facts, the application of the proper hypothetical model, and the combining of both — with the exception of taking into account one’s experience, the experience of past cases, and making discretionary decisions based upon all of the facts and circumstances.

Sincerely,

Robert R. McGill, Esquire