I have previously written about how a Federal Disability Retirement application should be prepared: that it should be looked upon as an administrative “process”, and as such, it is not like taking a test for a driver’s license, or filing an application to obtain a permit — both of which are similarly “administrative” issues. The reason why filing for Federal Disability Retirement benefits under FERS or CSRS is different, and is a “process” as opposed to merely filing an “application” for something which will be essentially rubberstamped, is that it requires proof which must meet a certain statutory legal standard — it requires that one prove, by a preponderance of the evidence, that one is entitled to receive disability retirement benefits.
Now, wherever “proof” of eligibility is required, there can be a disagreement as to whether or not such proof met the statutory eligibility requirements. Other applications, such as filing for a Social Security Card, may also have certain statutory requirements, but normally such administrative applications are fairly “cut and dry” — such as, certain documents will be accepted to prove X, or certain forms may need to be filled out to obtain Y. But where a legal standard of proof must be met, differences between the Applicant and the Agency may erupt.
OPM may state, and argue, that the medical documentation, the Supervisor’s Statement, the Agency Certification of Accommodation efforts, the comparison between the applicant’s Statement of Disability and the doctor’s statements and notes — did not rise to the level of meeting the legal standard of “preponderance of the evidence”. This is where many people get themselves into trouble — by thinking that it is merely an “application” to file in order to obtain an administrative benefit. Then, when it gets denied at the first level, applicants become devastated, thinking that it is the end of the world. From the outset, it should be looked at as a “process” — one which may take going to the Merit Systems Protection Board, or even further, to the Full Board Review, and then, if necessary, to the Federal Circuit Court of Appeals.
Sincerely,
Robert R. McGill, Esquire
Filed under: Clarifications of Laws or Rules, OPM Disability Application, OPM Disability Process | Tagged: a well-prepared opm disability case, Application, Appeals, and Other Medical Documentation Submitted To the OPM, applying for opm medical retirement, being careful with the medical documentation you submit to opm, Burden of Proof, document preparation and opm disability law, entitlement to receive federal employee disability, federal disability and the agency's certification of accommodation, federal disability attorney, federal disability retirement application and process, fers disability and form filling application, FERS disability lawyer, fers disability retirement and the burden of proof concept, how to prepare a successful opm disability claim, lawyer federal retirement disability, legal arguments in the federal disability application, legal standards must be met during the opm disability process, nationwide representation of federal employees, opm denied my opm disability retirement application, OPM Disability Application, opm disability law and the preponderance of evidence concept, OPM disability retirement, opm disability: a form filling or a legal process?, opm retirement eligibility process, personal injury in a federal agency, planning an opm disability strategy that goes beyond form filling, preparing an OPM disability application for the long term, preponderance of the evidence concept in fers disability law, proof of eligibility in federal postal disability, reasons why the opm can deny disability application, reflections on the opm disability process, representing federal employees from any us government agency, representing federal employees in and outside the country, SF 3112B Supervisor’s Statement, start fers disability retirement, statutory legal standard of disability or impairment, supervisors' revenge against Postal workers, the applicant's and the agency's legal arguments over opm disability, the applicant's legal arguments, the applicant's medical narrative report, the approval/disapproval process, things that can go wrong during the fers disability process, thinking process, understanding the whole opm disability process, using precedents in legal arguments, USPS disability retirement, wherever proof is required disagreements will emerge, why opm disability retirement can be denied? | Leave a comment »
