Federal Worker Disability Retirement: The Applicability of the Legal Argument

If there is a legal argument to be made, make sure that it is applicable; further, it is important to distinguish between the necessity of making a legal argument, as opposed to allowing the facts to speak for themselves, and the medical reports and records to establish the necessary proof by a preponderance of the evidence.

In administrative law, and specifically in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the “applicant” (the one filing for Federal Disability Retirement benefits, whether as a Postal Worker or as a non-Postal, Federal Worker) has the advantage of thoughtfully compiling the material, documentation, legal memorandum, narrative reports, and the entire compendium of proof necessary to meet the legal requirements of eligibility, and therefore entitlement, to Federal Disability Retirement benefits.

It is essentially a “paper presentation” to the Office of Personnel Management.  As such — because the applicant is able to take the necessary time and effort at the front-end of the process to prepare a compelling case, it is important to “pick and choose” the viable legal arguments to be made.

Sometimes, facts can speak for themselves, and there need not necessarily be a legal case to support the facts.  Other times, the medical report and records can meet the legal requirements, without citing a specific statute or case-law.  Then, there are applicable legal arguments which must, and should, be made, if merely because one should assume that OPM will not recognize the legal requirements unless aggressively informed about it.

In making such legal arguments, however, don’t undermine your own case unless you know what you are talking about.  Better to remain silent on matters not known, lest you reveal your lack of knowledge on the matter.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement for Federal and Postal Employees: Legal Citations

Some question whether or not legal citations are necessary in filing a Federal Disability Retirement application under FERS or CSRS.  Certainly, as an administrative process in applying for a benefit from the Office of Personnel Management, there are individuals who attempt to obtain the benefit of Federal or Postal Disability Retirement benefits without the representation or assistance of an Attorney, and such “self-represented” individuals rarely refer to legal authorities or citations in such an application.

Are legal citations — or references to legal authorities, statutes or case-laws — “necessary” when filing an application for Federal Disability Retirement benefits under FERS or CSRS?  If by “necessary” is meant, is it a requirement in order to be eligible for obtaining OPM Disability Retirement benefits, then the obvious answer is “no”.

However, the purpose in referring to legal authorities is quite simple, and logically based:  As the Office of Personnel Management is required to apply the legal criteria in determining one’s eligibility for Federal Disability Retirement benefits, it makes sense to support one’s application by citing the legal authorities which reinforce and explain the legal basis for eligibility.

As such, while citing legal authorities is not a necessary condition in applying for Federal Disability Retirement benefits, it may be a condition precedent which may need to be sufficiently satisfied in order to favorably “weight” the successful outcome which is sought after.

Sincerely,

Robert R. McGill, Esquire