Merely putting a ‘thus’ or ‘therefore’ does not create the necessary nexus between the facts proffered, the evidence presented and the conclusion declared; implications by definition require some work on the part of the audience, as the bridge not explicitly apparent must by necessity mandate mental connections to be drawn from otherwise disparate fields of facts.
How far can the law be stretched? For so-called “originalists”, it is allegedly only the plain meaning of the text itself that can be gleaned, without any further “interpretation” beyond what is “originally intended”. But lawyers go beyond the central meaning of legal opinions all the time; it is the job of a good attorney to stretch the application beyond what is originally meant or intended; and it is up to the next judge before whom such argumentation is tested to place limits and boundaries when the proposed stretch has gone a bridge too far.
How far, for example, can the “Bruner Argument” be made in a Federal Disability Retirement case? Can the fact of a separation based upon “excessive absences” be used to demand of OPM that the Bruner Presumption should be applied, especially when parallel facts clearly establish that during the same time period of taking exhaustive Sick Leave and excessive LWOP, the Federal or Postal employee had multiple doctor’s appointments and was medically advised not to go to work? Of course, arguments can always be made — but the real point is, Can one make an effective and persuasive argument?
For Federal employees and U.S. Postal workers who are preparing a Federal Disability Retirement application, whether under FERS, CSRS or CSRS Offset, those conclusions by implication need to be carefully crafted. For, while you may see the bridges connecting the two or more land masses that are otherwise separated by the rivers and tributaries, it is up to the Federal employee applicant in an OPM Disability Retirement case to make explicit and obvious those implications that may otherwise be lost in the administrative morass of complexities inherent in every Federal Medical Disability Retirement case.
Robert R. McGill, Esquire
FERS Medical Disability Lawyer