The advantage which the U.S. Office of Personnel Management has over the individual Federal or Postal disability applicant in a Federal Disability Retirement application is self-evident: they control the timeframe of the decision; they are not subject to any repercussions or consequences for a decision contrary to law; they possess multiple templates in disapproving a Federal Disability Retirement application, and a single template upon approving a Federal Disability Retirement case, thereby making it administratively easy, simple, and without the necessity of expending much effort, either way.
For the Federal or Postal employee who is contemplating preparing, formulating or filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is a daunting task to go up against such a behemoth of a Federal administrative bureaucracy.
Indeed, one only needs to review a denial letter from the U.S. Office of Personnel Management to comprehend the near-impossible obstacle which OPM can present: in some denials, there is merely a brusque and short “discussion”, barely touching upon providing any rational reason for a denial; yet, in other denials, there are long and detailed templates — however erroneous or misplaced, and however lacking of any legal or factual basis — which purportedly “explains” the legal basis of the denial. In either case, OPM has the “upper hand”, at least for that time and stage, because it is merely kicked-up to the next Stage in the process, and handed over to another OPM employee.
Against such an entity, it is important to be prepared with knowledge, legal tools, and the ability to cut through the administrative nonsense which passes for legal authority.
Sincerely,
Robert R. McGill, Esquire
Filed under: U.S. Office of Personnel Management (OPM) | Tagged: a battle worth fighting for and against a very strong and resourceful opponent, a reflection about the advantages the office of personnel management has over a federal employee, civil service disability retirement, dealing with the OPM bureaucracy, federal employee disability, flying solo with one wing spells a potential disaster in turbulent opm skies, getting ready to fight the battle to win your disability compensation benefits, getting through the opm bureaucratic process, how to handle a superior opponent at the federal disability retirement arena, legal resources for the rehab postal workers, less anxiety and fear by taking an experienced federal attorney aboard, opm application for disability benefits, options and resources for incapacitated federal employees when their agencies no longer need them, pragmatic methodology, the advantages that the office of personnel management has over the disability applicant, the federal disability retirement fight: david versus goliath, the fight to get approved for fers disability benefits, the logic of dedicating all your possible resources to fight an enormous federal bureaucracy, the most complete blog on federal disability retirement, unequal arena opponents: the office of personnel management versus the federal disability retirement applicant, using an experienced federal lawyer to deal with an opm denial, what advantages the opm has against the disabled federal employee, zero accountability in a large federal bureaucratic organization |
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