Approval of Disability by the Social Security Administration: In Trevan v. Office of Personnel Management, 69 F.3d 520, 526-27 (Fed. Cir. 1995), the Federal Circuit Court found that in making a determination of eligibility for disability retirement under FERS, the Board must consider an award of SSA disability benefits together with medical evidence provided by the appellant to OPM, and other evidence of disability. This is because the Federal Circuit Court wanted a consistency of determinations concerning disabilities, by all governmental agencies and departments. Social Security obviously has a stricter standard, and requires that an applicant be “totally disabled” in order to award benefits. I have effectively argued that similar determinations by other governmental agencies (such as the Veterans Administration) should also be required to be considered by the Office of Personnel Management.
Sincerely, Robert R. McGill, Attorney
Filed under: Federal Disability Judge-Made Decisions Quoted, FERS Disability, Important Cases, Legal Updates and/or the Current Process Waiting Time, OPM Disability & SSA Social Security Disability Benefits | Tagged: Federal Medical Evidence of Record Program (FEDMER), fers disability and social security disability insurance ssdi, Massachusetts OPM disability retirement, medical evidence, objective medical evidence for federal disability cases, opm denied your claim but social security, opm disability and social security disability, opm disability case-law rule about social security disability, postal and social security disability, Social Security and OPM disability relationship, ssd and opm disability, strong and irrefutable medical evidence, supporting substantial medical evidence to OPM, when the OPM rejects medical evidence |
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