Topic: Administrative Law
When rights are asserted, community dissipates. When, once in years of yore, before modernity complicated the simplicity of human interaction and integrity of society’s binding ties, a handshake was all that was necessary to ensure the continuity of words spoken and promises committed. Of course, con men and worthless statements of vacuity unfettered in boundless dishonesty have always existed, especially when such events quickly spread word within a cohesive community such that reputations rapidly disseminated and trust deteriorated to where no one would do business with “this or that” person, and he or she had to move someplace else. “Where is it written?” is the query of a person who inquires either because of an inquisitive motive or of a dishonest heart; the former, compelled by a sincere desire to know and to pursue knowledge perpetuated by the answer provided, and the latter as a challenge to anyone declaring that a prior commitment had been made. But before the question was asked, most of us already knew that the promise was never going to be kept; the combative nature of the context already manifested tells us already that the words previously spoken, the condition precedents not performed, remained as chasms of vacuity never to be told, less worthy of a promise and likely never intended to be fulfilled. Fortunately, there are laws, statutes, regulations and written commitments which are “on the books”, and while the administrative process of a Federal Disability Retirement may take forever to complete, and the waiting period with the U.S. Office of Personnel Management may seem to take an eternity and a day, the positive side of the proverbial ledger is that it is a benefit accorded to all Federal and Postal employees under FERS or CSRS, and so long as you have the basic eligibility components in place (18 months of Federal Service for Federal and Postal employees under FERS; 5 years for CSRS employees, a dying and rare breed, to be sure); and filed while an active employee or within one (1) year of being separated from Federal Service; then, the Federal or Postal employee is free from that challenge of dishonest dissipation: “Where is it written?” In the Code of Federal Regulations, Statues and case-law precedents pertaining to the U.S. Office of Personnel Management, of course.
Sincerely, Robert R. McGill, Esquire