OPM Disability Law: The Chasm between Reality and The Law

Non-lawyers will often read “The Law” and expect that reality will conform to the language as it is stated.  That is actually a good sign, in that the expectation of the layperson is that respect for the law will necessarily result in compliance with its dictates.  But language is malleable.  It is subject to interpretation, and that is the field of play which allows for elasticity and the chasm which develops between Reality and The Law.

There are, first and foremost, “The Facts” — and whether or not “The Law” applies to a particular set of facts.  Then, from that application of facts-to-law is the further problem of deciding its significance and relevance, and whether or not there are other contravening facts or opposing case-law or statutory citations which may also impact the direct argument of sound legal analysis.  Then, of course, there can be the further difficulty of people, companies, entities and agencies which completely ignore the law and, more recently, of creating one’s own set of “alternative facts”.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition has begun to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, it is important to apply “The Law” precisely, relevantly and comprehensively.

More recent cases of a precedent-setting nature may have altered the meaning of statutory interpretation in a subtle, more favorable manner, and thus is it important to consult with an an experienced attorney who specializes in Federal Disability Retirement Law in order to obtain the greater benefit in evaluating your case, lest the chasm between Reality and The Law be so great as to defeat one’s own attempt within a greater pool of lacking the proper knowledge in applying the law to your particular set of facts.

Sincerely,

Robert R. McGill, Esquire