Postal and Federal Disability Retirement: And the Question is …

The responsive statement often given is:  Federal Disability Retirement is not a matter of merely filling out forms; if that were the case, anyone should be able to do it without an attorney.  So, as in many gameshow forums, what is the question?  Filing for regular retirement, or even early retirement, is a matter of filling out the proper and standard forms.

Filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, while submitted to the identical agency (OPM) for “processing”, is a matter of proving one’s case.  In order to prove one’s case, one must gather the substantive evidentiary documents; compile the relevant materials; make the proper “connections” and create the “nexus”; make the compelling and relevant legal arguments; and, yes, “fill out forms”. However, this latter act of filling out standard forms, as a prerequisite, while a necessary component of the entire administrative process, is not a sufficient act which constitutes a demand for an approval.

Thus, for a regular or early retirement, one may well argue that once the forms are filled out, one has satisfied both the necessary and sufficient components of what constitutes fulfillment of all obligations required for admission into the fraternity of Federal Disability Retirement annuitants.

For Federal Disability Retirement benefits, however, the additional requirement of proof by a preponderance of the evidence must first be satisfied.  And for that, one must play the gameshow format of answering the critical, million-dollar question:  What satisfies the standard of proof in order to qualify for Federal Disability Retirement benefits from OPM, whether under FERS or CSRS?  The answer:  It has already been given, only in a form of negation:  Federal Disability Retirement is not a matter of merely filling out forms.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: Proof

This is a proof-based process.  It is not merely a matter of completing some forms and meeting procedural guidelines in order to obtain a benefit; rather, it is an administrative process in which evidence and documentary support from third parties must be obtained in order to meet the legal criteria imposed by statute, regulation, and ever-evolving case-laws as handed down by the Administrative Judges of the U.S. Merit Systems Protection Board, as well as the U.S. Court of Appeals for the Federal Circuit.

There are administrative processes which are “entitlements”, such as certain economic assistance programs, Social Security, Medicare, etc., where one has paid into a system, and upon reaching a certain age, or meeting income-qualification criteria, etc., such procedural guidelines are merely shown, met, and approved.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, however, it is not merely a matter of meeting procedural criteria (although that, too, is required), but moreover, one must prove by a preponderance of the evidence that one is eligible, by submission of substantial and adequate documentation that one cannot perform, because of a medical condition, one or more of the essential elements of one’s Federal or Postal job.

Proof is the lynchpin by which the standard of winning a Federal Disability Retirement case is won or lost.  Proof is a “must”.  As such, never consider filing for Federal Disability Retirement benefits as merely a matter of filling out paperwork; one must prove one’s case.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Proof, Assertion, and the Conceptual Distinction

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is necessary — first and foremost — to understand that the benefit of Federal Disability Retirement is not an “entitlement” under any definition of the word; there is no automatic triggering mechanism by which a Federal or Postal employee becomes a Federal Disability Annuitant, unless one proves, by a preponderance of the evidence, that one has met all of the eligibility requirements necessary to obtain the benefit.

Further, while the standard of proof established by statute is a relatively low one in comparison to others (i.e., “preponderance of the evidence” merely requires that the truth of X is more likely than not, as opposed to other, more onerous standard of proof, such as “beyond a reasonable doubt” or “clear and convincing”, etc.), nevertheless, the mere assertion of a statement of facts will not qualify the Federal or Postal employee for Federal Disability Retirement benefits.

A standard — or “burden of proof” — means exactly that:   One must prove it, and proof requires more than the mere assertion that X is so.  Specifically, in a Federal Disability Retirement application, one must prove that one is medically unable to perform one or more of the essential elements of one’s Federal or Postal position, and in order to meet that burden, medical documentation of a sufficient and persuasive nature must be submitted along with a Federal Disability Retirement application, which includes many Standard governmental forms.

Knowing and recognizing the conceptual distinction between asserting X and proving X is an important first step in preparing, formulating, and successfully filing for Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire