OPM Disability Retirement: The Details Determine the Path of Success

One is often asked concerning the steps to be taken in order to formulate a successful Federal Disability Retirement application.  Whether under FERS or CSRS, all such Federal Disability Retirement applications will ultimately be reviewed and critically analyzed by the U.S. Office of Personnel Management, to be determined as to whether such an application meets the legal standards for eligibility and entitlement under the statutes, regulations and case-laws governing Federal Disability Retirement.

As with all things in life, the path which one undertakes in an endeavor of this nature — the logistical “steps” that must be completed — will depend largely upon the particular facts of each case.  Yes, the general outline is somewhat identical for each; and, yes, the character and kind of evidence to be compiled may be similar.  But it is the uniqueness of the particular set of facts, for each Federal Disability Retirement application, which determines the type, extent and quality of a successful Federal Disability Retirement application.

Thus, to take an extreme example:  A Letter Carrier for the U.S. Postal Service who suffers a horrendous accident and becomes paralyzed, will not need much more than the emergency room and hospitalization records, and perhaps — and this is a “big” perhaps — a short (couple of sentences) statement from a doctor.

On the other hand, an IT Specialist working for a Federal agency who suffers extreme stress, will require a comprehensive medical report which details specific reasons as to the impact upon the positional requirements of his or her job.

As with almost everything in this complex compilation of sensory perceptions we identify as “life”, the details of a particular endeavor and encounter with a Federal Agency will determine the pathway to success; details matter, and 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 precisely the details which determine which devil will rear its ugly head, and how to avoid such devilish encounters.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: The Cost of Doing Nothing

The Office of Personnel Management has been sending out a number of decisions, and many have been denials.  They seem to come in batches; whether by coincidence, or in systematic fashion, OPM has tended in recent months to send out denials which fail to explain, leaving aside any concept of “discussion“, the basis of their denials.  

The irony of having a section entitled, “Discussion”, then merely delineating a regurgitation of the “applicable criteria to be eligible for Disability Retirement benefits“, then making a conclusory & declarative statement somewhat in the form of:  “You do not meet criteria X and Y” is hardly a “discussion” of the issues.  Moreover, even in the denials which appear to be lengthy is the number of sentences, paragraphs or pages, the content is devoid of any substantive discussion of the issues.  It is more often simply a reference to a doctor, without any rational basis given as to what is lacking, but merely ending with a statement of conclusion, saying, “No objective medical evidence was provided,” or “The medical evidence does not show that…”  One would expect that a logical structure of reasons would be provided, but such an expectation would fall short of what actually occurs.  The real problem is that, in reading such a denial letter, one doesn’t know where to start, what to answer, or what additional information needs to be submitted.  Thus, you must “read between the lines”.  The cost of doing nothing is to get a further denial; that is simply not an option.  The best option is to reinforce what is already there.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: The Strategy of Disheartening the Opposition

When Federal and Postal employees who have filed for Federal Disability Retirement benefits under FERS or CSRS, and have been denied at the initial stage of the process, many are sincerely disheartened.

In my initial contact with the denied applicant, there are multiple levels of reactions, including:  the denial letter points to legal criteria which they were unaware of; it refers to doctors notations which are taken completely out of context; they have completely ignored major portions of what the doctor has stated; OPM points to legal criteria which has been met, but which OPM simply denies that it has been met.

What can be done?  This is the strategy of disheartening the opposition.  In other denials, it is simply a matter of referring to a doctor’s report here, and to a medical notation there; then to simply declare:  You have not submitted sufficient medical documentation and fail to meet the legal criteria to be eligible for Federal Disability Retirement benefits.  What can be done?  No explanation; just scant references, then a unilateral declaration.  Again, this is the strategy of disheartening the opposition.  What to do?  Don’t get disheartened.  Respond.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: Time

Time is of the essence in almost everything we do.  There are timed deadlines for filing a Federal Disability Retirement application; a great amount of time is taken in the bureaucratic processing of the application; greater time is taken by the Office of Personnel Management in reviewing, analyzing and deciding upon a Federal Disability Retirement application; appeals to the Merit Systems Protection Board require time within which one must prepare a viable case before an administrative judge, etc.  Time is a presence in every aspect of our lives.  But within that framework, a comparative analysis of time should always be taken into consideration.  To “rush” the preparation of a disability retirement packet is often penny wise but pound foolish; care and patience should always be taken, both in the writing, preparation and filing of anything to be submitted to a Federal bureaucracy; the Office of Personnel Management is no different.  Rushing something in order to “save time” is often counterproductive.  To take the time to prepare an excellent disability retirement packet will actually save time in the long run.

Sincerely,

Robert R. McGill, Esquire