The term itself implies a sense of unfairness. But fairness often depends upon a viewpoint, and the methodology which is applied, or failed to be applied.
Thus, in a Federal Disability Retirement case, whether under FERS or CSRS, if the U.S. Office of Personnel Management selectively extrapolates from medical reports, without giving a thorough review and analysis of the submitted documentation, then one may validly allege that such selective “prosecution” of a case has been unfairly perpetrated.
If, on the other hand, one applies the identical concept to the Federal or Postal employee who is the applicant filing for Federal Disability Retirement, then one’s perspective may change. Because the Applicant (the Federal or Postal employee) has the burden to prove, by a preponderance of the evidence, that one is entitled and eligible for Federal Disability Retirement benefits, it is therefore proper that the Federal or Postal employee also has the “right” to selectively choose which medical conditions to identify, and to support those medical conditions with the appropriate medical documentation and proof.
One could allege that allowing for the Federal or Postal employee to choose which medical documentation to submit amounts to a selective prosecution of the case; but to make such an allegation misses the point. It is not the act of selectivity; rather, the methodology and the underlying foundation, which determines the fairness or unfairness of the process. Everyone has to make choices; how that choice is made, and why, makes all the difference.
Sincerely,
Robert R. McGill, Esquire
Filed under: OPM Disability Actors - The Applicant | Tagged: advantages that the federal disability retirement applicant has over the office of personnel management, being careful with the medical documentation you submit to opm, civil service disability, defining fairness in the federal disability retirement process, disability retirement at the USPS, documents you should not always submit to the opm, examining all and each document submitted to the opm, Federal Disability, federal disability retirement, federal disability retirement lawyer, FERS disability retirement, law firm representing clients in opm disability law all across america, nationwide representation of federal employees, not playing by the rules: how the opm might sometimes deny your disability application, OPM disability retirement, opm medical documents, opm supportive medical documentation, owcp disability retirement, Postal disability, Postal disability retirement, representing federal employees in and outside the country, selective prosecution of the opm disability retirement law, the federal employee has the right to submit the medical documentation he or she deems necessary, the opm must evaluate medical documentation, the relative fairness of the opm disability process, understanding how the opm may use your medical documentation for its own purposes, USPS disability retirement, usps federal attorney, what documents should I turn over opm for my disability claim?, when the opm uses selective documents to deny your disability application, your medical retirement claim and the opm's selective picks, your weakest medical documentation is the one that the opm may use to deny fers disability benefits | Leave a comment »
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