In certain areas of “the law“, statutes, regulations and case-laws have developed which tend to favor the individual seeking to obtain a benefit through such laws. For the Federal or Postal Worker who is seeking Federal Disability Retirement benefits under FERS or CSRS, one could easily argue that the laws governing the process of seeking Federal or Postal Disability benefits from the Office of Personnel Management “favor” the applicant.
Think about it: a Federal or Postal worker under FERS needs only 18 months of minimum eligibility; light duty, or modified duties, do not preclude one from obtaining Federal Disability Retirement benefits; one has up to a year after being separated from Federal Service to file for the benefit; a Federal or Postal Worker who suffers from a medical condition only has to show that it prevents one from performing one or more of the essential elements of one’s job; one does not need to show “total disability”, but only disability as to one of the critical elements of one’s job; and so on.
The irony of such “favorable” laws governing Federal Employee Disability Retirement under FERS or CSRS is, however, that such favor often invites greater scrutiny. Thus, the fact that the substantive laws governing a legal process may provide an advantage to the seeker, does not in any way mean that the process itself is any easier. On the contrary, one could argue that because the substantive laws governing a legal process favor the applicant, that the process itself is made all the more difficult. Such ironies often arise in various facets of life, and it certainly seems to be the case for Federal and Postal workers seeking to obtain OPM Disability Retirement benefits under FERS & CSRS.
Robert R. McGill, Esquire