CSRS & FERS Medical Disability Retirement: The Denial Letter

During this Holiday Season when Federal and Postal employees who have filed for Federal Disability Retirement benefits under FERS or CSRS, who are anxiously awaiting the decision from the Office of Personnel Management, a denial letter from OPM can appear disproportionately devastating.  Christmas and the New Year tend to bring difficulties precisely because it is seen as a season of celebration, when families get together, where work continues, but an expectation of being “joyous” pervades.  At such a time, a denial of a Federal Disability Retirement application from the Office of Personnel Management can be a seeming conclusion to a long wait.  It is not.  

Do not become discouraged just because someone at OPM has “decided” that your Federal Disability Retirement application did not “meet” the legal criteria.  Set the denial letter aside for a day or two (so long as it is not nearing the 30-day period to either file for Reconsideration or an appeal).  Then, proceed to fight it.  

Don’t let the Holiday Season become confused with the right to file for, be eligible for, and be entitled to Federal Disability Retirement benefits under FERS or CSRS.  The filing of an application for Federal Disability Retirement benefits is a process which may take 6 – 8 months, or longer if it is needed to go to the Reconsideration Stage, or to the Merit Systems Protection Board.  

Do not get discouraged; instead, fight for your benefits.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: Expectations

One would expect that there would be a correlative input of effort on the part of the Office of Personnel Management, something like a 1-to-1 ratio of effort reflecting the amount of care put into formulating, preparing, and submitting a Federal Disability Retirement application under FERS or CSRS, with the ratio being met by a corresponding amount of effort on the part of OPM.

If only for the sake of appearance; to give some justification, some acknowledgement of the medical reports submitted; of the time expended in preparing the Applicant’s Statement of disability, etc.

One would expect — or at least, should expect, in a denial letter issued by the Office of Personnel Management, enough of an indicator that the OPM Representative reviewed all of the medical reports, and attempted to remain objective.  Yet, more often than not, a mere paragraph is issued, with a great percentage of that paragraph a regurgitation of a template from multiple other decisions.

Expectations are often nothing more than an imaginary line where one perceives a professional standard to be; but, more often than not, only to have the expectation set at a standard of performance too high to achieve.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Slam-Dunk Case

I have represented more people at the Reconsideration Stage of the Federal Disability Retirement process for FERS & CSRS employees, of Federal and Postal employees who filed the initial application on his or her own because it was thought that it was a “slam dunk” case.

That is the problem with the slam dunk case — either the individual thinks that the medical evidence is so overwhelming that little or no effort needs to be expended in order to obtain an approval from the Office of Personnel Management, or if some minimal effort is engaged in, then the problem must be that the people over at the Office of Personnel Management either did not understand the seriousness of the medical conditions, or they misread X or Y, or some other such reason.

The real problem is that there are few, if any, slam dunk cases.

Inasmuch as the applicant who is filing for Federal Disability Retirement benefits personally feels the pain, discomfort, and debilitating nature of the medical conditions from which he or she suffers, therefore it is often (wrongly) assumed that the same feelings can be imparted upon the person reviewing the Federal Disability Retirement application.

One must always keep in mind, however, that a Federal Disability Retirement application under FERS or CSRS is a paper presentation.  As such, the effort of compiling, arguing, persuading and explaining must always be engaged in.  There are no such cases as slam dunk cases.  If there are, I haven’t recently come across one.

Sincerely,

Robert R. McGill, Esquire