At what point is the sufficiency test satisfied? Who determines when the bathtub is full enough in order to bathe? What constitutes the threshold of being gluttonous on Thanksgiving, as opposed to having had a hearty meal? And, for a FERS or CSRS Disability Retirement application, what standard determines whether or not a person has submitted evidence sufficient to meet the preponderance of the evidence test, in order to persuade the U.S. Office of Personnel Management that a Federal Disability Retirement application has met its burden, and that the Federal or Postal employee is therefore eligible and entitled to receive an approval and a subsequent annuity?
Clearly, it cannot be mere volume of medical reports and records; for, otherwise, cases with barely a dozen pages of a report, diagnostic test results and some office notes would not pass through the scrutiny of the OPM Caseworker. If not volume, then is it the quality of the report and records? Here, too, while a well-documented file may generally meet the sufficiency test, there are times when OPM will insist upon treatment notes for the past 18 – 24 months before considering a case for approval.
The sufficiency test is often an admixture of quality, quantity, and a compendium of selectively highlighted documentation which, in their totality, prove an OPM Federal Disability Retirement case. There are no two cases alike, though similarities may abound. Each case must be seen in its own unique light, and within that context, a case must be carefully constructed and compiled. Only in this manner and approach will the sufficiency test be met, and only after a careful and thorough review of the facts, issues and particular uniqueness of a given case — somewhat in a reflectively similar manner as OPM will do in reviewing the submitted case.
Sincerely,
Robert R. McGill, Esquire
Filed under: Burden of Proof | Tagged: a candid evaluation of your work performance and how your medical condition affects it, a rational perspective from your disability claim evaluation, an objective evaluation of your opm disability claim, applicant preponderance of evidence burden in federal employees, applying the sufficient documentation test to a standard in an opm disability retirement case, attorney representing federal workers for disability throughout the united states, civil service disability, connecting legal standards and sufficiency tests, considering what is really important for the opm during the application evaluation, disability retirement at the USPS, each disability retirement case is complex when evaluating all needed variables, each federal disability application is unique and should be pre-evaluated for its viability, evaluat, evaluating how strong your federal disability retirement case with the adequacy and sufficiency tests, expecting unrepresented claimants to bear the burden of presenting a compelling case, experience to evaluate a well prepared fers disability application, federal disability attorney, FERS disability retirement, functional abilities evaluation for federal employees, having a medical condition is not sufficient to qualify for opm disability, how to avoid the owcp's "insufficient medical documentation" excuse, how to figure out if the answers you submitted to the disability retirement application questions and the medical documentation you enclosed in the medical disability package will be at least theoreti, knowing what constitutes adequacy and sufficiency of evidence in federal disability retirement theory will help you to assess better if your claim is strong enough to pass opm own sets of scrutiny tes, law firm representing clients in opm disability law all across america, legal sufficiency test, meeting all of the critical elements and the opm's legal burden of proof, meeting the burden of eligibility requirements for medical retirement under fers, nationwide representation of federal employees, opm disability legal sufficiency and proof, owcp disability retirement, sufficiency-of-evidence test in fers disability retirement, sufficient medical evidence disability fers, the legal insufficient test in federal disability retirement, The not-sufficient but all-necessary preparation to apply for OPM Disability benefits, the quantity and quality controls of a subjective assessment to determine if a particular package of medical documentation is sufficient to meet the opm-imposed higher legal standard of review, using the right standard before applying the "insufficient" excuse, USPS disability retirement, USPS disability retirement benefits, what's the burden of proof under fers disability retirement law?, why an adequacy test may not be sufficient to assess if a particular federal disability retirement case or claim is particularly strong enough to file with enough faith and confidence | Leave a comment »
OPM Disability Retirement: Differing Perspectives
The old adage, “Walk in your fellow man’s shoes for a mile” is a saying which is meant essentially to teach a child (and many adults) to have a different perspective than one’s own, self-centered universe. In practicing law, it is a good idea to attempt to obtain a perspective from the multitude of differing “shoes” — and this is especially important in putting together a Federal Disability Retirement application under FERS or CSRS.
The gathering of such differing and different perspectives — that of the treating doctor; that of the applicant; that of the Agency (the Supervisor and the Agency in its determination that accommodation or reassignment is not available or appropriate for a given employee, given the particular medical conditions and the type of positional duties of the specific job which the Applicant must perform, as well as taking into account what constitutes “efficiency” in the Federal Service, etc.); and further, that of the Office of Personnel Management.
It is the job of the Attorney representing a Federal or Postal employee in preparing a Federal Disability Retirement packet under FERS or CSRS, to pull together the various perspectives; write up and prepare, and gather the information from the multiple and differing perspectives; to neutralize those perspectives which may impact negatively upon the Federal disability retirement application; then to present the fullness of the different perspectives such that it meets the legal criteria and “perspective” of the Representative from the Office of Personnel Management: that “ultimate” perspective which determines a “yes” or “no” in determining the viability of a Federal Disability Retirement Application.
Sincerely,
Robert R. McGill, Esquire
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