Federal and Postal Disability Retirement: Approvals & Disapprovals

The Office of Personnel Management seems to have recently issued a volume of decisions on Federal Disability Retirement applications on Federal and Postal employees under FERS & CSRS.

From the calls received from non-clients, and from clients, one sometimes wonders whether or not some sort of “quota-system” isn’t being imposed at the top levels.  Yet, statistically, the percentage of disapprovals v. approvals is not noticeably different than before; it is difficult to determine in any given period of time whether or not there is a higher rate of denials/disapprovals than approvals, in comparison to other periods.

What matters is not the general rate of approvals or disapprovals; rather, each individual case must be taken on its own merit, and responded to with the Office of Personnel Management (or, if the denial is at the Reconsideration Stage, then an appeal to the Merit Systems Protection Board) in a timely fashion, and in a tailored, appropriate manner.

Each case is indeed “different”.  One cannot compare one case with “war stories” about how X filed his or her application and got it approved “within a week”.  Such rumors can never be verified, and even if it could be verified, there are always individual and unique circumstances which must be taken into account.

Comparisons between different time periods, as well as between two or more independent cases, are never helpful; instead, the focus must be to take the uniqueness of any given case, and decide on the best course of action in order to obtain the one and only outcome which is acceptable for any given OPM Disability Retirement case under FERS or CSRS:  an ultimate approval.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Mistakes Made

There is obviously an assumption to be made that if a case is denied at the initial stage of the process of filing for Federal Disability Retirement benefits under FERS or CSRS, that a “mistake” must have been made.  The mistake, then, is given an opportunity to be “corrected” at the Second, or Reconsideration Stage, of the Federal Disability Retirement process.  Further, if the mistake is not properly corrected, or corrected to the satisfaction of the Office of Personnel Management, and it is again denied — at the Reconsideration Stage of the process — then there is the cumulative assumption that further mistakes were made in the application.  Just as success distinguishes between winners and losers, the general assumption is that a denial by the Office of Personnel Management means that there was something inherently wrong with the Federal Disability Retirement application at its inception. 

Yet, if this were true at each turn, for every case, then there would never be a case where, at the Third Stage of the process, in filing an appeal to the Merit Systems Protection Board, that the Representative from the Office of Personnel Management would not reverse a denial and grant the disability retirement after listening to the legal arguments made by the attorney for the applicant.  Many times, it is the pointing out of overlooked aspects of a case which makes the difference between an approval or a denial — and not necessarily something that is inherently wrong, or that a “mistake” was made.

Sincerely,

Robert R. McGill, Esquire