“Fairness” is a difficult concept to set aside, even when it is in the best interests of one to do so. The underlying list of supporting reasons may be many — that the Agency engaged in acts X, Y & Z; that the Agency or named Supervisor did certain things, etc. In a Federal Disability Retirement case, it is often not a good idea to focus upon issues of fairness.
In representing clients, my focus is upon proving by a preponderance of the evidence that a Federal or Postal employee is eligible and ultimately entitled to receiving Federal Disability Retirement benefits under FERS or CSRS. Issues of agency actions; whether a Federal or Postal Worker was treated “fairly”; whether the National Reassessment Program is “fair”; all of these issues become peripheral, and sometimes harmful to the process of filing for and obtaining Federal Disability Retirement benefits.
To paraphrase an old adage, it is my job to keep that which is central to the issue, my center of attention, and to sweep aside the superfluous as just that — distractions which should not be allowed to impede or otherwise impact the purpose of the entire process: to get an approval from the Office of Personnel Management for one’s Federal Disability Retirement application.
Robert R. McGill, Esquire