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OPM Disability Retirement

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    • Accommodation and Light Duty (40)
    • Advantages of Federal Disability Retirement (27)
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OPM Disability Retirement: The Administrative "Process"

Posted on August 31, 2009 by Federal Disability Retirement Attorney

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 »

  • More on CSRS & FERS Disability Retirement

    • eZineArticles.com Article: The 1 Year Statute of Limitations
    • Federal Disability Retirement Laws, Medical Conditions, and the Intersecting Complications with OWCP, Social Security and FERS & CSRS
    • Federal Disability Retirement: The Full Arsenal of Weapons
    • FedSmith.com Article: Revisiting "Accommodation"
    • FedSmith.com Article: Sometimes the Process is just as important as the Substance of an Argument
    • Latest PostalReporter.com Article: Causation in a Federal Disability Retirement Case
    • Understanding the Complexities of the Law
    • USPS Disability Blog: The National Reassessment Program, the Agency and the Worker
  • Other Resources for Federal and Postal Employees

    • Articles Published in the Postal Reporter
    • FAQs on OPM Disability Retirement
    • FERS Disability Attorney Profile at Lawyers.com
    • Main Website on Federal Disability Retirement
    • OPM Disability Blog
    • The Postal Service Disability Retirement Blog
  • 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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