Corollary successes can have a persuasive impact upon an OPM Disability Retirement application — but one must also understand the difference between a “persuasive” impact as opposed to a “determinative” impact.
An approval of disability benefits from the Social Security Administration (SSDI) edges closer to a “determinative” one as to its impact upon a FERS Disability Retirement application. Note the operative term, however — “edges”. Under Trevan v. OPM, such an approval from SSDI — so long as the medical basis upon which it was filed is identical to, or fairly paralleling that submitted with the FERS Disability Retirement application — is strongly persuasive upon an OPM Disability Retirement claim. However, it must still be argued, and certain elements of the SSDI Claim must be shown to OPM for that “persuasive” effect that “edges” towards a determinative impact.
VA Claims — even if you are deemed “Permanent and Total” — are closer to a “merely persuasive” influence upon a FERS Disability Retirement claim. That is, the higher the ascribed percentage in a VA Disability claim, the greater the chance that it will influence or “persuade” OPM that the FERS Disability Retirement application should be approved.
Use of an SSDI or VA approval should be part of the legal strategy in filing a Federal Disability Retirement application under FERS. Contact a private OPM Attorney who specializes in Federal Disability Retirement Law and begin to prepare an effective Federal or Postal Disability Retirement application in order to determinatively persuade OPM to approve your case.
Robert R. McGill, Esquire