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    • Accommodation and Light Duty (40)
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    • Evaluation Of Your OPM Disability Claim – How Do I Know If I Have A Strong Case? (18)
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Postal and Federal Disability Retirement: Time for Comparison and Double-checking

Posted on December 6, 2012 by Federal Disability Retirement Attorney

Upon an initial denial of a Federal Disability Retirement application, the Federal or Postal employee has a right to Request Reconsideration of the denied Federal Disability Retirement application within thirty (30) days of the date of denial (the rules allow for a later date — 30 days from the date of receipt — but it is always advisable to utilize the date of the letter, as that date can obviously be verified).

If the Federal or Postal employee is denied a second time, then there is a right to an appeal to the U.S. Merit Systems Protection Board.  Again, the timeframe within which one must file an appeal to the MSPB is identical to that which one has at the Reconsideration Stage of the process — 30 days, or the later one of receipt of date of the letter.

Often, when one reads through a denial from the U.S. Office of Personnel Management, there is a growing suspicion that OPM has either ignored, overlooked, or otherwise has never received for review, important and significant documentation, whether medical or otherwise, which should have been part of the file.

Once an appeal is filed with the U.S. Merit Systems Protection Board, the U.S. Office of Personnel Management is mandated to forward a complete copy of the file to the “Appellant” (the one who is filing the appeal) and to the attorney for the Appellant.  Once this file is received, it is important to “compare notes”, and to determine whether the “missing piece of information” is indeed missing, and may need to be re-submitted.

That is the time for comparing notes (“files”, in this case), and double-checking whether OPM has all of the information it should have.

Sincerely,

Robert R. McGill, Esquire

Filed under: Application, Appeals, and Other Medical Documentation Submitted To the OPM | Tagged: appeal deadlines and other medical documentation submitted to the opm, appeal to the Merit Systems Protection Board, attorney representing federal workers for disability throughout the united states, comparing documentation submitted to the office of personnel management, CSRS disability retirement federal attorney, deadlines and procedures to appeal, denial letter as part of a long disability process, disability appeal MSPB, Federal Disability, fers review process for disability retirement, getting an attorney for the third stage of the federal disability retirement process, how long to appeal an opm disability application denial?, if your fers disability application has been denied for a second time, legal help after first application denial, legal representation for injured federal workers, less anxiety and fear by taking an experienced federal attorney aboard, meeting an appeal deadline, one easy way to lose a mspb appeal: don't request medical files from the opm, opm application for disability benefits, opm claims appeal, opm disability and appeal, opm's reviews for federal disability elegibility, owcp disability retirement, Postal disability retirement, review of documentation during the mspb appeal stage, the light duty postal worker and the merit system protection board, third stage of the federal disability factor: time to compare and double check the submitted documentation, this is the second time they denied my federal disability application, time for reinspection and reexamination of all the applicant's federal disability files, time limit to appeal an OPM disability denial, us postal service merit protection board, usps denial of injury compensation, USPS disability retirement, when the opm denies your disability application for a second time | Leave a comment »

  • More on FERS Disability Retirement

    • eZineArticles.com Article: The 1 Year Statute of Limitations
    • Federal Disability Retirement Laws, Medical Conditions, and the Intersecting Complications with OWCP, Social Security and FERS & CSRS
    • Federal Disability Retirement: The Full Arsenal of Weapons
    • FedSmith.com Article: Revisiting "Accommodation"
    • FedSmith.com Article: Sometimes the Process is just as important as the Substance of an Argument
    • Latest PostalReporter.com Article: Causation in a Federal Disability Retirement Case
    • Understanding the Complexities of the Law
    • USPS Disability Blog: The National Reassessment Program, the Agency and the Worker
  • Other Resources for Federal and Postal Employees

    • Articles Published in the Postal Reporter
    • FAQs on OPM Disability Retirement
    • FERS Disability Attorney Profile at Lawyers.com
    • Main Website on Federal Disability Retirement
    • OPM Disability Blog
    • The Postal Service Disability Retirement Blog
  • Seven False Myths about OPM Disability Retirement

    1) I have to be totally disabled to get Postal or Federal disability retirement.
    False: You are eligible for disability retirement so long as you are unable to perform one or more of the essential elements of your job.  Thus, it is a much lower standard of disability. 

    2) My injury or illness has to be job-related.
    False: You can get disability even if your condition is not work related.  If your medical condition impacts your ability to perform any of the core elements of your job, you are eligible, regardless of how or where your condition occurred.

    3) I have to quit my federal job first to get disability.
    False: In most cases, you can apply while continuing to work at your present job, to the extent you are able.  

    4) I can't get disability if I suffer from a mental or nervous condition.
    False: If your condition affects your job performance, you can still qualify. Psychiatric conditions are treated no differently from physical conditions.

    5) Disability retirement is approved by DOL Workers Comp.
    False: It's the Office of Personnel Management (OPM) the federal agency that administers and approves disability for employees at the US Postal Service or other federal agencies.

    6) I can wait for OPM disability retirement for many years after separation.
    False: You only have one year from the date of separation from service - otherwise, you lose your right forever.

    7) If I get disability retirement, I won't be able to apply for Scheduled Award (SA).
    False: You can get a Scheduled Award under the rules of OWCP even after you get approved for OPM disability retirement.
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