One may well disagrees with the U.S. Office of Personnel Management on its decision to deny a Federal Disability Retirement application, and yet find a rational basis for its denial. Indeed, the fact that OPM may offer some rationality to its denial, does not mean that they are correct in their decision. Often, there is a misunderstanding as to what “rational” behavior consists of.
On a recent Sunday morning talk show, a couple of political pundits were proposing the idea that certain hard-line regimes were not acting “rationally”. The problem with such an analysis is that one assumes that if an individual or a country fails to act within certain universally-accepted normative behavior, that such actions constitute “irrational” conduct. That is simply not true.
First of all, rationality — which finds its foundation in logic, whether propositional or syllogistic — depends upon the major and minor premises advanced. Thus, if the major premise entails a person or country that cares for the welfare of his neighbor or its citizenry, then the logical conclusion may well be one which encapsulates rationality — of acting to protect its people, to safeguard human rights, etc. On the other hand, if the major premise begins with the primary assertion of retaining authority and absolute power, then the conclusion would involve shooting or massacring its countrymen. The latter logical trail is no less “rational” than the former. Such a mistake in defining and understanding the concept of “rationality” is often found in all areas of life.
Thus, in preparing, formulating and filing for Federal Disability Retirement benefits, whether under FERS or CSRS, the fact that there has been evidence of “irrational” behavior on the part of those parties involved in the administrative process, should not result in a conclusion that the process is “arbitrary” or dependent upon some non-legal criteria.
Ultimately, all human endeavors embrace some semblance of rationality. While one may disagree with the analytical thought-processes of the U.S. Office of Personnel Management, which often strays far beyond what the law requires and allows for, nevertheless, one can recognize the rational analytical procedures used in every denial of a Federal Disability Retirement application, whether under FERS or CSRS — albeit, one in which radical jumps from premise-to-conclusion with gaping chasms of generous implications may have to be provided, in order to be able to say that such argumentation incorporated a rational basis of explanatory analysis.
Sincerely,
Robert R. McGill, Esquire
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OPM Disability Retirement: Differing Perspectives
The old adage, “Walk in your fellow man’s shoes for a mile” is a saying which is meant essentially to teach a child (and many adults) to have a different perspective than one’s own, self-centered universe. In practicing law, it is a good idea to attempt to obtain a perspective from the multitude of differing “shoes” — and this is especially important in putting together a Federal Disability Retirement application under FERS or CSRS.
The gathering of such differing and different perspectives — that of the treating doctor; that of the applicant; that of the Agency (the Supervisor and the Agency in its determination that accommodation or reassignment is not available or appropriate for a given employee, given the particular medical conditions and the type of positional duties of the specific job which the Applicant must perform, as well as taking into account what constitutes “efficiency” in the Federal Service, etc.); and further, that of the Office of Personnel Management.
It is the job of the Attorney representing a Federal or Postal employee in preparing a Federal Disability Retirement packet under FERS or CSRS, to pull together the various perspectives; write up and prepare, and gather the information from the multiple and differing perspectives; to neutralize those perspectives which may impact negatively upon the Federal disability retirement application; then to present the fullness of the different perspectives such that it meets the legal criteria and “perspective” of the Representative from the Office of Personnel Management: that “ultimate” perspective which determines a “yes” or “no” in determining the viability of a Federal Disability Retirement Application.
Sincerely,
Robert R. McGill, Esquire
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