Preparing, formulating and filing for a Federal Disability Retirement application under FERS or CSRS must necessarily involve the preparation for a response to a denial, issued by the Office of Personnel Management. To resist and avoid contemplating such a potential event is to disregard an inevitable probability.
As has been acknowledged before, most Federal and Postal employees believe that his or her Federal Disability Retirement application which has been submitted to the Office of Personnel Management, is a “slam dunk” case; that, because of the severity of the medical condition experienced, and its “obvious” impact upon one’s ability/inability to perform one or more of the essential elements of one’s job, there is simply no conceivable way in which OPM could deny the application. But that life only presented a singular perspective on all issues; dictatorial control of all ideas would certainly simplify the world; conceptual certainty without opposing views would make irrelevant the necessity of the entire judicial system. But that is not how life operates.
To the question: What can we do about conflicting ideas? Is the answer: That is why there is in place a procedural mechanism which often involves the need for a Judge to render a decision adjudicating the dispute. Responding to a denial from the Office of Personnel Management is the first step to engaging in the procedural mechanism of the resolution of disputed perspectives. OPM has their job; the Federal or Postal employee has his or her job to do.
Whatever the substantive basis for the dispute, what is necessary is first and foremost to respond to the Office of Personnel Management, and before that, to prepare for a denial, and be ready to respond appropriately.
Sincerely,
Robert R. McGill, Esquire
Filed under: When the OPM Application Is Denied | Tagged: a rational response to an unreasonable letter of denial opm benefits, a realistic approach to the fers disability retirement application, attorney representing federal workers for disability throughout the united states, avoiding sending your opm disability claim to the mspb judge, Federal Disability, federal disability law blog, federal disability retirement, FERS disability retirement, filing and preparing for a long-term federal disability process, how to deal with the possibility that the opm denies my medical application, OPM disability attorney, OPM disability retirement, opm disability retirement preparation - with your feet on the ground, owcp disability retirement, Postal disability, postal service disability retirement, preparing for a long-term federal disability case, preparing your opm disability claim for the worst-case scenario, response to denial of opm disability retirement benefits, taking your fers disability claim to the administrative judge, the ''what if'' scenario in fers disability retirement, the proper preparation to an undeniable possibility: denial of disability benefits opm, trying to get disability at the opm "administrative" level, USPS disability retirement | 1 Comment »
Postal and Federal Disability Retirement: Where to Begin
Many phone calls admit defeat before the process begins, and this, because the complex process itself is an obstacle of daunting proportions, preventing the Federal or Postal employee from envisioning a time in the future when a Federal Disability Retirement application will have been approved.
Does a defeatist attitude impact a Federal Disability Retirement application? Does the U.S. Office of Personnel Management “read into” a Federal Disability Retirement application, somewhat like a mental telepathist, and “know” that the Federal or Postal employee expects a denial? No. But certainly the approach of how one compiles the evidence, guides the Office of Personnel Management in the roadmap of one’s Federal Disability Retirement application (by narrating a cover letter which is broad in scope, coherent in logical structure, and specific in discussing the attachments and their relevance, etc.), and provides a justifying legal basis for granting an approval — in a comprehensive compendium which provides a foundation to OPM to approve the case — is how one averts a defeatist attitude, and instead replaces it with a confident compilation of a catalogue of clarity (yes, one can get carried away with engaging in alliteration).
Remember that, in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the important thing is to always begin with clarity; then, sift through and between that which is central as opposed to peripheral; and in the end, don’t act like an amateur — let the professionals handle it.
Sincerely,
Robert R. McGill, Esquire
Filed under: Pre-Application Considerations | Tagged: a federal attorney's legal methodology and approach, a realistic approach to the fers disability retirement application, accepting opm disability clients all across america, affirmative approach for OPM disability retirement, developing the right attitude before staring the federal disability retirement process, federal disability attorney, fighting feelings of an uncertain future for the disabled federal worker, getting ready to fight the battle to win your disability compensation benefits, legal services for federal and postal workers all across america, maintaining a positive attitude, neutralizing negative comments and/or information for the disability applicant, owcp disability retirement, Postal Service disability, preparing to fight for your opm disability claim in all the ''rounds'' of the precess, replacing a defeatist attitude with a ''yes I can'' attitude, suppressing negative emotions before a major survival fight, taking a wrong approach with your medical fers retirement, taking an affirmative approach to win a fers disability claim, the approach and methodology a disabled federal employee needs, the defeatist attitude that can diminish your chances of getting federal disability retirement, the federal employee's extreme expectations toward a complex disability process, the most complete blog on federal disability retirement, the negative attitudes many federal employees have even before submitting their disability application to the opm, the right approach when preparing a federal disability retirement packet, when and how do I become eligible for opm disability retirement, where do I begin the federal disability retirement process? | Leave a comment »