Filing an application for Federal Disability Retirement benefits under FERS or CSRS, either by a Postal employee or a non-Postal, Federal employee, is an administrative process which “requests” that a certain benefit be paid by the Federal Government. In order to be approved, one must prove, by a preponderance of the evidence, that one has met the eligibility criteria that has been set forth through statute, regulation, and cases which have interpreted those statutes and regulations over the years. Thus, like any other area of law, there is a large pool of legal issues which have arisen over the years. Because of this, it is important to understand that a certain amount of argumentation, persuasion, and logical analysis and delineation must occur. Many people are surprised when, after submitting the “paperwork” and attaching some medical documents to the application, that the Office of Personnel Management would deny the applicant’s submission, saying with surprise, “I thought it would be easy”. In any area of law, administrative or otherwise, where the pool of issues has grown over many decades, there must be a level of argument, persuasion and logic which must be engaged. The legal arena for being approved in a Federal Disability Retirement case for those under FERS or CSRS is no different.
Robert R. McGill, Esquire