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OPM Disability Retirement: The Proper Approach

Posted on June 18, 2009 by federallawyer

Some believe that, when formulating and compiling a disability retirement application, that quantity of supporting documentation will win the day — all medical reports, records, statements from friends, family, co-workers, etc.  Sometimes, however, it is better to refrain from providing everything all at once; for, if a determination is made that there is sufficient documentation to prevail in a disability retirement application, it is sometimes the wiser course to restrain the natural inclination to bombard the Office of Personnel Management with all of the available documentation.  This is merely a strategic bit of advice; yet, in practical terms, inasmuch as every disability retirement case has the potential to be denied at the First Stage, and OPM would in that event be requesting additional supporting documentation, it is often a good idea to “withhold” and “keep back” a secondary source of supporting documentation — but only if the primary source of supporting documentation is confidently adequate to win at the first stage.  It is a discretionary method of approaching the compiling of data and documentation at the first stage — a decision which should be made with wise counsel.

Sincerely,

Robert R. McGill, Esquire

Filed under: Application, Appeals, and Other Medical Documentation Submitted To the OPM, OPM Disability Application and/or Process | Tagged: Application, Appeals, and Other Medical Documentation Submitted To the OPM, disability insurance for federal employees, disability retirement for letter carriers, documentation for federal medical retirement, federal disability law, federal disability law blog, federal employee disability opm workmans, Federal Medical Evidence of Record Program (FEDMER), federal workers comp application forms, fers claim for disability retirement, fers disability insurance, FERS disability retirement, filing for OPM disability retirement, helping injured federal workers, job related stress and federal disability, medical retirement in the us post office, more than enough medical documentation, national reassessment process, opm disability claims processing, OPM medical disability retirement claims and appeals, opm medical documents, place quality over quantity, postal workers disability insurance, preparing an OPM disability application for the long term, preponderance of the evidence documents, quality versus quantity on medical documentation, relevance over quantity on disability medical documentation, saving some medical docs for later in opm disability, statements from friends to support opm medical documentation, supporting substantial medical evidence to OPM, using coworkers' statements in federal disability, USPS disability retirement, usps fers retirement disability

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  • Other Resources for Injured/ill Federal or Postal Employees

    • Articles Published in the Postal Reporter
    • FAQs on OPM Disability Retirement
    • Law Firm Profile
    • Main Website on Federal Disability Retirement
    • Message Board on Federal Disability Retirement
    • OPM Disability Blog
  • What's New on CSRS & FERS Disability Retirement

    • FedSmith.com Article: Common Principles to Follow
    • FedSmith.com Article: New Developments in Federal Disability Retirement
    • Legal Landmines in Federal Disability Retirement Law
    • MyFederalRetirement.com Article: Federal Disability Retirement Benefits for FERS & CSRS Employees
    • Understanding the Complexities of the Law
  • Seven False Myths about OPM Disability Retirement

    1) I have to be totally disabled to get Postal or Federal disability retirement.
    False: You are eligible for disability retirement so long as you are unable to perform one or more of the essential elements of your job.  Thus, it is a much lower standard of disability. 

    2) My injury or illness has to be job-related.
    False: You can get disability even if your condition is not work related.  If your medical condition impacts your ability to perform any of the core elements of your job, you are eligible, regardless of how or where your condition occurred.

    3) I have to quit my federal job first to get disability.
    False: In most cases, you can apply while continuing to work at your present job, to the extent you are able.  

    4) I can't get disability if I suffer from a mental or nervous condition.
    False: If your condition affects your job performance, you can still qualify. Psychiatric conditions are treated no differently from physical conditions.

    5) Disability retirement is approved by DOL Workers Comp.
    False: It's the Office of Personnel Management (OPM) the federal agency that administers and approves disability for employees at the US Postal Service or other federal agencies.

    6) I can wait for OPM disability retirement for many years after separation.
    False: You only have one year from the date of separation from service - otherwise, you lose your right forever.

    7) If I get disability retirement, I won't be able to apply for Scheduled Award (SA).
    False: You can get a Scheduled Award under the rules of OWCP even after you get approved for OPM disability retirement.
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