The standard itself is a criteria of inherent subjectivity; and, as with everything in life, it is the power of persuasion that must be employed.
Yes, of course there are a set of minimal, foundational “basics” of proof which must be submitted: Medical documentation establishing a diagnosed medical condition; the “nexus” with one’s Federal or Postal job; but beyond, there are “negative” issues which must be “proven” — of performance which has been diminishing or deteriorating; of an “essential” element of the job that has been suffering (don’t forget that being able to come to work on a regular basis is in and of itself an “essential element”, as well); of the fact that your Federal Agency or Postal facility is unable to “accommodate” your symptoms or the disability from which you suffer; and all of this to be proven by a “preponderance of the evidence”, which can vary in spectrums of subjectivity that must be taken into account.
For the Federal or Postal employee who is considering filing for Federal Disability Retirement benefits under FERS, the proof of the case is many and varied, and you should consult with an attorney who specializes in Federal Disability Retirement Law, lest the proof of the case falls short of what it takes to meet the eligibility criteria of a Federal Disability Retirement case.
Sincerely,
Robert R. McGill, Esquire
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