Like a house abandoned in mid-construction, you can often tell about a person who suffers from such a “malady” — the metaphor of the unframed windows; perhaps the roof shingles had not yet been laid, leaving only the plywood boards which would slowly rot away; and while the concrete foundation may have been set, the siding or brick had not yet been placed, leaving the frame of the house standing, yet incomplete.
There are descriptive terms often used: “A little bit of knowledge is a dangerous thing”; or, just of the autodidact who has little bits of knowledge here and there, but cannot quite put his arms completely around the subject at hand. Incomplete knowledge is what we all experience, because the complexities of a subject have become too technical, too all-encompassing, such that we can barely complete our education on any single sub-section of a discipline.
Federal Disability Retirement Law is similarly poised — for, the compendium of case-laws handed down through judicial opinions, whether from the U.S. Merit Systems Protection Board or from the Federal Circuit Court of Appeals, has modified the originating statutes and regulations governing Federal Disability Retirement Law.
It is bad enough that the U.S. Office of Personnel Management itself fails to apply the law — often because of incomplete knowledge — but it happens enough times to the disadvantage of the Federal or Postal employee, such that a more complete knowledge of the law is necessary to rebut an unfairly-rendered decision.
Contact an OPM Disability Attorney who specializes in Federal Disability Retirement Law, and make sure that you are not denied your eligibility rights because of incomplete knowledge.
Sincerely,
Robert R. McGill,
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.
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OPM Disability Attorney: Playgrounds and the Collective Institution of Fair Play
We learn it early on; the unstated rules, the lines which may not be crossed, and to be weary of those whose reputation precedes them for the blatant disregard of both. How they are learned; what they are; whether explicitly stated or impliedly conveyed; few, if any, have a memory where the Head Mistress of the Universe of Playgrounds sat us all down and said, “Now young ladies and gentlemen, here are the 10 rules of fair play.” Regardless, we all somehow came to recognized and apply them.
Wittgenstein provides some valuable insight into the way we learn the language games involved in game-playing; much of it is through sheer doing, an ad hoc manner of practical reasoning and applied rationality. And then, of course, we become adults (yes, at least most of us do; some, left behind on the playgrounds of life, remain as infantile cherubim, clueless and naive to the cynical ways of the world); and it always seems as if the same ones who violated the rules of the playground are the ones who flaunt the normative constraints of the greater universe.
For Federal employees and U.S. Postal workers who are formulating a strategy for filing a Federal Disability Retirement application, whether one falls under the general aegis of FERS, CSRS or CSRS Offset, the question often must be confronted as to the Supervisor, Manager, or even a fellow coworker who is pining for a confrontation and direct disregard of the collective institutional enforcement of what everyone else knows as “fair play”.
This, despite the fact that there are multiple Federal laws governing treatment of individuals with known medical disabilities. But the Federal “system” of retaining workers with medical conditions and disabilities, and the perfunctory requirement of accommodations and the search to provide adequate accommodations, undermines any compelling force to restrain the playground bully.
OPM Disability Retirement benefits, filed either through one’s own agency if one is still on the rolls of the agency; or if separated, but less than 31 days since the official date of separation, in either case must be filed through the Human Resource Department of one’s own agency, or through H.R. Shared Services for Postal Workers (located in Greensboro, North Carolina); or, if separated for more than 31 days, then directly to the U.S. Office of Personnel Management in Boyers, PA.
In the end, things rarely change much, if at all. Those collective institutional enforcement mechanisms learned on the playground — tattling to the playground monitor or to one’s teacher; talking to one’s parents, etc. — end up with a snicker and a sneer.
Yes, society has become well aware of bullies and mean people, but they have been around longer than the oldest profession in the world, and the collective institution of fair play and the playgrounds upon which they played out, will continue to witness backstabbing and surreptitious violations, transferred universally to the places where adults play, and where the most vulnerable in need of the greatest protection, still must do things the old fashioned way: reliance on sheer luck, or to seek the best legal advice possible.
Sincerely,
Robert R. McGill, Esquire
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