Sometimes, stating the obvious is necessary. In filing for Federal Disability Retirement benefits under FERS & CSRS, and in dealing with the Office of Personnel Management, “stating the obvious” becomes not only a necessity, but a truism encapsulated in profundity surrounded by a simple rule: the greater the obviousness, the more effective the Federal Disability Retirement application.
For the applicant under FERS or CSRS who files for Federal Disability Retirement benefits, who is unrepresented, it is best not to act as a lawyer. While case-law and statutes abound as free information on the internet (and such information and discussion is certainly available on my website at FederalDisabilityLawyer.com and in various articles I have written on the subject), misinterpretation, misunderstanding, or mis-citation of cases, statutes, rules or regulations can easily be engaged in.
While generally harmless, and further, since many at the Office of Personnel Management are not even aware of the laws and case-laws governing the very subject which they are supposed to rule upon, what is the point (one might ask)? The obvious point is for the future — to always predicate a case upon the simple truism that one stage in the process may not be enough, and so building a foundation for the next stage, and the stage after that, by preserving the legal and factual arguments for an eventual appeal, is always a necessary evil one must perform. State the obvious — and state it multiple times.
Robert R. McGill, Esquire