Just as one should purchase insurance based upon the worst-case scenario, so one should generally prepare for anything in life with unexpected consequences in mind. This is similar to the proper approach in preparing, formulating, deciding, and filing a Federal Disability Retirement application under FERS & CSRS. People will often call an attorney only when he or she “thought it necessary”. But who determined the point of necessity? If the individual who determines the point of necessity is the same person who finds him or herself at the point of necessity, then it is often too little too late.
Can most cases be reversed and won even after an initial denial? Yes. Can most cases be reversed and won even after a second denial at the Reconsideration Stage? Yes. Can most cases be reversed and won even after an initial denial, a denial at the Reconsideration Stage, then an adverse Initial Decision by an Administrative Judge at the Merit Systems Protection Board? Perhaps. How about thereafter? You are then asking if, after all of the facts have been put forth, after all of the stages of consideration by the administrative process of filing for Federal Disability Retirement benefits, whether an error in the application of the law can be found. Yes, at each state of the process, a Federal Disability Retirement application can be won; however, remember the the “point of necessity” is not best determined by the one who thinks it is finally necessary; it is often best determined by an experienced OPM Disability attorney.
Robert R. McGill, Esquire