The growing complexity of any body of law often reflects the unintended consequences of a poorly-written statute which first created the access to a right, a benefit, or a legal assertion. Complications and expansion of issues, clarifications of previously-obfuscated matters of law, evolve over time and begin to take on a life of its own.
For Federal Disability Retirement law, there is the appearance of a simple process: one only has to look at the Standard Forms which are made available to all Federal and Postal employees who are contemplating filing for Federal Disability Retirement benefits, whether under FERS or CSRS, to recognize that, at least on the surface, the administrative process seems simple enough.
The SF 3107 series (for FERS Federal and Postal employees) and SF 2801 series (for CSRS Federal and Postal employees) requests basic information of a factual nature. The “other” series of Standard Forms — the SF 3112 series (both for FERS and CSRS Federal and Postal employees) requests information directly impacting one’s Federal Disability Retirement application.
The questions asked are quite simple, and appear somewhat innocuous; the body of law which has grown behind each question is comprised by years and decades of litigation, questioning, judicial decisions and case-law. It is like the proverbial stranger who discovers what appears to be a tuft of hair (perhaps a mouse?) sticking out from behind a bush, reaches down and pulls, only to hear the roar of a lion for having yanked its tail.
Robert R. McGill, Esquire