OPM is always looking for a motive. It is like they are criminal prosecutors at the Justice Department, trying to always find some nefarious reasons as to why a Federal or Postal employee is filing a Federal Disability Retirement application.
Take, for example, one recent case which comes to mind: An individual was filing for Federal Disability Retirement application. The Applicant’s spouse traveled a lot, and so the applicant had to switch doctors often. The applicant had his/her brother oversee the medical treatment because of the lack of continuity in medical care. When it came time to file for Federal Disability Retirement benefits, the brother wrote the medical report.
The case went before the U.S. Merit Systems Protection Board and, within the Agency File were a series of emails sent between OPM Medical Specialists questioning whether this was a “fraud” case and expressing suspicions over why the applicant’s “brother” would be writing a medical report, etc. At the Hearing of the case, of course, the brother — a medical doctor of longstanding stature — testified up front and bluntly: Yes, I am the brother of X, and I oversee the treatment regimens because of the lack of continuity of care, etc. Factual, straightforward, nothing to hide. But not for OPM, who is always looking for nefarious motivations and making innuendoes even though there is no basis for it.
Contact an OPM Disability attorney who specializes in Federal Disability Retirement Law, and counter the suspicious and unfounded innuendoes which OPM is apt to make — even in those cases where there is a simple and straightforward explanation, if only OPM would listen.
Robert R. McGill, Esquire