OPM Disability Retirement under FERS: The Percentage Game

We all play it; whether in calculating the chances of success (most of us are not knowledgeable enough to be statisticians, not having paid close enough attention in high school or college to that mathematics course regarding the numerical analysis of a numbers-based algorithm), or in merely keeping an eye on interest rates in the housing market, or perhaps taking note of how likely it is to be attacked by a shark before we step into the polluted waters of the Atlantic.

OPM certainly plays the game — one needs only to look at a Denial from the U.S. Office of Personnel Management to realize that, the manner in which the Denial of a Federal Disability Retirement application is written, there will be a certain percentage of people who will read it and say, “Gee, I never stood a chance.  I might as well not even go any further.”

The Denials are often written in unequivocal terms, stating with a tone of certainty that there was never any basis for filing, and that any further efforts would be fruitless and futile.  And from that language of certainty, a certain percentage of Federal Disability Retirement applicants will simply give up and walk away.  That is what the percentage game is based upon.

For Federal employees and U.S. Postal workers who have received a Denial from the U.S. Office of Personnel Management, it is wise to consult with an experienced attorney who specializes in Federal Disability Retirement Law to perform an objective-based evaluation of a Federal Disability Retirement claim.  Better, yet, consult with such an attorney even before you begin the process, to ensure the best chances in this “percentage game” which OPM plays.

Sincerely,

Robert R.McGill, Esquire