Federal Worker Disability Retirement: Getting Lost in a Morass

At each step in the administrative process of preparing, formulating and filing for Federal Disability Retirement benefits from the Office of Personnel Management, including any responses to denials from OPM in order to qualify for the subsequent stage of the process (i.e., a Request for Reconsideration must be filed within thirty (30) days of the denial; an appeal must be filed with the Merit Systems Protection Board, etc.), there is always the danger of becoming lost in the morass of peripheral issues, often resulting from a sense of panic upon an initial reading of correspondence received.  

Thus, whether it is a letter from the Office of Personnel Management for additional medical documentation; a decision of denial at the Initial Stage of the Process; a second denial from the Office of Personnel Management — it is important to have a sense of how one must extract the essential points which must be addressed, and refuse to respond in a reactionary, ineffective manner.

Compiling an immediate response based upon an initial reading is normally a waste of time.  Verbiage which takes up space on a page of paper does not in and of itself mean that it requires a substantive response.  Much of what the Office of Personnel Management states can be summarized in a couple of sentences, once all of the ancillary issues are set aside.  

Further, it is more often the case than not, that what the Office of Personnel Management states as the requirements of “the law” is simply wrong.  OPM is rarely up-to-date on the current case-law as handed down by the Merit Systems Protection Board or the Federal Circuit Court of Appeals. Compliance with the law is one thing; compliance with the wrong law and an erroneous interpretation of legal requirements is quite another.  

To panic is to remain in a morass; to re-review the legal requirements in the administrative process of applying for, and becoming eligible for, Federal Disability Retirement benefits, whether under FERS or CSRS, is essential to the road to success.


Robert R. McGill, Esquire

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