In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, the Federal or Postal employee must prove, by a preponderance of the evidence (that burden of proof which is fairly minimal in the order of difficulty, requiring that a Federal or Postal employee show that he or she is “more likely than not” entitled to Federal Disability Retirement benefits under FERS or CSRS) that the compilation of the evidence meets the statutory requirements such that one is eligible and entitled to Federal Disability Retirement benefits.
Thus, it is the cumulative set of evidence which is reviewed by the Office of Personnel Management, and not merely a single piece of evidence. Yet, the manner and methodology of how OPM reviews the evidence is revealed in any given denial letter issued by the claims representative, or the “Legal and Administrative Specialist” assigned to any particular case.
It is a methodology of (A) listing whatever medical evidence which was submitted by naming the doctors, thereby giving an appearance of a full and thorough review of the documents, and (B) selectively extrapolating statements made by the Applicant, the Supervisor, the doctor(s) and anyone else in attempting to undermine the conclusion that the statutory criteria for eligibility has been met. In laymen’s terms, this is called, “Taking potshots” at something. If meeting the criteria for eligibility is to show a sequence of connecting dots from point A to point B, then OPM’s view is that if there are enough potshots which sever the line between the points, then OPM has shown that a Federal or Postal employee is ineligible for Federal Disability Retirement benefits.
This is the approach; it is up to the applicant who is preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS to ensure that any weak links in the line are sufficiently reinforced.
Sincerely,
Robert R. McGill, Esquire
Filed under: Burden of Proof, Eligibility Criteria | Tagged: contacting the opm representative, CSRS disability retirement federal attorney, eligibility criteria for disability under fers and csrs laws, eligibility requirements to qualify for postal service disability, fers disability criteria, FERS disability retirement, how opm denies federal disability applications, if the opm ignores the opm disability criteria of eligibility, medical requirements for fers disability, meeting the criteria of eligibility for csrs disability retirement, nationwide representation of federal employees, OPM disability retirement, postal service disability retirement, requirements for medical retirement for postal workers, statutory criteria for eligibility for disability, statutory requirements in OPM disability law, the good opm disability specialist, the medical requirements of an opm disability retirement application, the opm benefits specialist, the way opm can deny a fers disability application, understanding how a federal disability application is approved or disapproved, USPS disability retirement, watching out what statutory weapons the opm will use to deny disability, when the opm disability specialist misstates laws, when the opm representative reviews your disability application | Leave a comment »
