Is it necessary for a Federal Disability Retirement Applicant to cite relevant case-laws and statutory authority when filing for disability retirement? Or, should the medical evidence be sufficient? Certainly, there is no statutory requirement that “the law” be referenced when filing for disability retirement. And, further, it is normally not a good idea for a non-lawyer Federal or Postal employee to refer to case-law or relevant statutory authority, if only because non-lawyers often mis-state the law, or misinterpret relevant case-law authority.
The primary purpose why I refer to, and cite relevant statutory authority and case law, even at the initial administrative stage of filing for disability retirement on behalf of a Federal or Postal employee (normally, I will prepare a lengthy legal memorandum for each case), is because I want to preempt any mis-statement of law to the benefits specialist reviewing the application packet. It is important at each stage of the process to point out the relevant law, the applicable case-law, the judicial opinions which have addressed the multiple issues which can deter or potentially derail a disability retirement application. While the benefits specialist at the Initial Stage of the process may not be fully aware of the applicable laws, it is the job of the Attorney to point out the law, and demand that the Office of Personnel Management conform to the relevant, current judicial constraints which should be adhered to.
Sincerely,
Robert R. McGill, Esquire
Filed under: Federal Disability Judge-Made Decisions Quoted, OPM Disability Actors - The Applicant, OPM Disability Process - 1st Stage: OPM Disability Application, Theory and Practice: Tips and Strategies for a Successful Application | Tagged: Administrative Law, applicable opm disability laws in each claim, applicant's statement of disability, case law citation in federal disabilities cases, civil service disability retirement, CSRS disability retirement federal attorney, federal disability attorney's advice, federal disability law, federal disability retirement attorney, federal disability retirement lawyer, federal employee attorney, FERS disability attorney, FERS disability retirement, fers disability retirement eligibility issues, fers disability tips for the layman, FERS medical retirement, Initial Stage of the OPM disability process, is there any statutory requirements to cite case-laws?, lawyer role in federal disability cases, legal analysis of opm disability rulings, misinterpretation or misapplication of OPM disability law, nationwide representation of federal employees, opm case-law decisions, OPM clerks, opm disability case laws, OPM disability retirement, opm fers disability retirement in west virginia, OPM First Stage Disability Application, OPM Initial Stage, opm medical disability, OPM Representative, opm retirement eligibility process, Postal Service employee advocate, statutory criteria for eligibility for disability, statutory requirements in OPM disability law, strong and irrefutable medical evidence, the non-lawyers' guide to opm disability law, the opm benefits specialist, tips on how to handle the opm disability application, USPS disability retirement, when the applicant doesn't have opm disability legal counseling, when the opm representative reviews your disability application | Leave a comment »
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