Disability Retirement for Federal Government Employees: A Bridge Too Far

The step-by-step process which the Federal or Postal employee must engage in for purposes of formulating an effective Federal Disability Retirement application under FERS or CSRS, is defined by the bridge, or “nexus”, which one must formulate, connecting the two separate entities:  on the one side are the medical issues; on the other, one’s positional duties which one has been engaging in and successfully performing all these many years for one’s agency or the U.S. Postal Service.  

The job of the potential Federal Disability Retirement applicant is to bring the two separate and distinct entities together, by preparing and formulating a connecting “bridge” or “nexus” between the two.  This is because one of the most important evidentiary showings that one must prove, by meeting the legal standard of “preponderance of the evidence“, is that the Federal or Postal employee is no longer able to perform one or more of the essential elements of one’s official positional duties.  

The problem with any such bridge which must be constructed and carefully formulated, however, is that many Federal Disability Retirement applicants put forth too much information, to the extent that some information may in fact defeat or otherwise damage the connection, by providing information which may be irrelevant (less damaging, but creates peripheral problems and confusion), of ancillary legal issues (may be more damaging, depending upon whether the Federal Disability Retirement applicant has brought in work-related issues which may point to a description of “situational disability”); or, provide information on certain medical conditions which contradict other information provided (again, often more damaging to a case).  

It is always important to provide enough information to the Office of Personnel Management to meet the burden of proof, of a preponderance of the evidence, in preparing, formulating and filing a Federal Disability Retirement application; too much information will sometimes be damaging; too much of the wrong kind of information may be very damaging.  As the title of the well-known book implies, one must be careful not to construct a “bridge too far”.

Sincerely,

Robert R. McGill, Esquire