Disability Retirement for Federal Government Employees: Timing the Legal Tools

In any administrative procedure, the use of legal tools and citations may be of limited efficacy for the process itself; it is, however, building a foundation for future application, and to that extent it provides a fair warning to the agency.

Inasmuch as any portion of obtaining an entitlement or meeting an eligibility requirement engages the applicant with a faceless bureaucracy — and one which recognizably is filled with non-lawyers, clerks, etc. — there is always the question as to why an attorney is necessary at the administrative level of adjudication.

The reason is simple:  the non-lawyer governmental worker, while perhaps not fully appreciative of the legal citations which may be argued in a particular case, is nevertheless aware of the consequences of failing to acknowledge the validity of such references.  Being audited and finding that a particular case worker has a high percentage of cases denied, then reversed on an appeal to the Merit Systems Protection Board, has an impact upon the agency worker.

Furthermore, building a foundation for future reference before an Administrative Judge — where the Judge turns to the agency’s representative and asks, “Well, how about Case X, which has already been cited by the Appellant?” — can be quite effective and often short-cuts the entire process.

For Federal and Postal Workers who are attempting to obtain Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the effective use of legal tools and citations is crucial at all levels — if only to warn OPM of the consequences of having to go before an MSPB Judge for further adjudication of the case.

Sincerely,

Robert R. McGill, Esquire

Federal OPM Disability Retirement: Answering the Question Is Merely the Beginning

The question itself is obviously the starting point; however, whether answering the question is enough, presents a greater problem.

In any arena of law, the wider context of legal requirements will include the statutory authority upon which regulations and standard governmental forms are based upon; then, there are case-law opinions of judges — in the area of Federal Disability Retirement, this would include the administrative opinions of the Merit Systems Protection Board, both at the Hearing level, as well as from a Petition for Full Review; and further, Court opinions from the U.S. Court of Appeals for the Federal Circuit.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, one must obviously complete multiple Standard Forms. Chief among the forms is the “Applicant’s Statement of Disability“, or otherwise identified as SF 3112A.  There are multiple questions requesting information about one’s medical condition and the impact upon one’s ability/inability to perform the essential elements of one’s job.  The questions may seem straightforward enough; the answers can be; but the greater conundrum is whether completion of answers to such questions will be adequate in proving, by a preponderance of the evidence (which is the legal standard in meeting the adequacy of proof in a Federal Disability Retirement application, whether under FERS or CSRS) one’s eligibility for Federal Disability Retirement benefits.

It is precisely because there is a greater context of legal expansion in the laws governing Federal Disability Retirement, that merely answering the questions represents a beginning point.  In other words, we meet head-on the age-old distinction between that which is necessary, as opposed to what constitutes sufficiency in order to satisfy the criteria.

Sincerely,

Robert R. McGill, Esquire