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 never a good idea to proceed with excessive reliance (or any at all, for that matter) upon expected or presumed actions on the part of one’s Agency.
The preponderance of the evidence in proving an OPM Disability Retirement application is always upon the Federal or Postal worker, and one should affirmatively and pro-actively proceed without regard to what the Agency will do, says it will do, or might do during the process.
Yes, the Agency has its portion to complete; yes, the U.S. Office of Personnel Management does review the entirety of the OPM Federal Disability Retirement packet, including the standard forms which the agency must complete, along with other personnel information that is forwarded to OPM.
But the crux and essence of a Federal Disability Retirement applications always remains the medical information gathered and submitted, along with the Applicant’s Statement of Disability, in conjunction with the asserted nexus constructed between one’s medical condition and the positional duties of one’s job.
Any other approach is merely to run a fool’s errand for a fiefdom from which one is attempting to flee.
Sincerely,
Robert R. McGill, Esquire
Filed under: Agency’s and/or Supervisor’s Actions | Tagged: agency actions against federal employee, CSRS disability attorney, disability retirement csrs, disability retirement usps non job related, emphasizing quality in submitting opm medical records, federal disability facts, federal disability retirement law firm, federal disability retirement rules, federal employee disability retirement, federal government medical retirement, fehb medical retirement for federal employees, FERS disability attorney, filing for federal employee medical benefits, getting quality and substantial medical documentation, hoping for the agency to treat you better?, injured federal employee: don't wait for the agency to do things right, law firm for federal disability retirement, letting the agency decide when to file for fers disability retirement benefits, letting the agency know about your opm disability application, medical documentation guidelines, medical retirement for civilian federal workers from any us government agency, medical separation workers compensation, nationwide representation of federal employees, nobody will make the decision for you to file for opm disability, notifying the supervisor/agency, opm disability retirement and the federal employee job performance, opm disability secrets, opm medical documents, opm supervisor statement disability retirement, owcp opm disability retirement even with pre-existing condition, Postal disability retirement, relevance over quantity on disability medical documentation, reliable information about fers disability on the internet, reliance upon the promised help of the agency may prove to be a mistake, struggling with medical disabilities and the federal agency, the agency always wants injured workers to resign, the submission of additional and updated medical documentation, the us government employee and the federal disability system, the uselessness of waiting for action from the Federal Agency, US Postal Service Application for Disability Retirement, USPS Application for Disability Retirement, usps disability benefits, USPS disability retirement, waiting for the agency to remove you and claim the bruner presumption?, waiting for the agency to take favorable actions, workers comp fers retirement | Leave a comment »
OPM Disability Retirement: Service Deficiency & Medical Condition
The Office of Personnel Management will often use as a criteria of denial the argument/basis that despite the fact that an individual may have a medical condition such that the medical documentation states that the Federal or Postal worker can no longer perform one or more of the essential elements of one’s job, nevertheless, there has not been a showing that a “service deficiency” has occurred. Often, agencies systematically write up performance appraisals without much thought or consideration; more often, Federal and Postal workers quietly suffer through his or her medical condition, and strive each day to meet the requirements of their duties.
Whatever the reason for the lack of attention or perception on the part of the supervisor or the agency to recognize that the Federal or Postal worker has not been able to perform one or more of the essential elements of one’s job, such basis for a denial of a disability retirement application by the Office of Personnel Management is not a legitimate one, because existence of a “service deficiency” is not the whole story: if it is found that retention in the job is “inconsistent” with the type of medical condition the Federal or Postal Worker has, then such a finding would “trump” the lack of any service deficiency. That is not something, however, that the Office of Personnel Management is likely to tell you as they deny your disability retirement application.
Sincerely,
Robert R. McGill, Esquire
Filed under: OPM Disability Actors - The Agency, OPM Disability Actors - The Supervisor, U.S. Office of Personnel Management (OPM) | Tagged: adverse agency reaction, agency's extraordinary top assessment in fers disability applications, agency's influence in disability retirement, assessment for postal disability retirement from supervisor, criteria of denial instead of criteria of disability in opm disability, disability retirement csrs, disability retirement usps non job related, disability retirement workers compensation, essential elements of jobs not so essential according to evaluation, federal disability facts, federal disability law firm, federal medical retirement, fers disability application supervisor comments, FERS disability attorney, fers disability attorney in mississippi, fers disability benefits, government postal disability, injured postal workers and their miraculous job evaluations, law firm for federal disability retirement, medical disability lawyers opm, opm disability and the supervisor who says everything's fine, opm disability for federal employees in louisiana, opm disability for federal workers in alabama, opm disability retirement representation in utah, opm supervisor statement disability retirement, opm's excuses to deny your federal disability retirement, owcp disability retirement really is usually meant "opm disability retirement", owcp medical retirement, postal service disability retirement, postal service medical retirement, representing federal employees from any us government agency, representing federal employees in and outside the country, representing us government disability employees anywhere, the incapacitated federal employee without service deficiency, USPS disability retirement benefits, washington state federal opm disability retirement, when supervisors don't notice any medical condition in federal worker, when the agency claims no service deficiency in opm application, when there is no accommodation because there is no job deficiency, when top performance hurts the chances of getting fers disability, when work performance evaluations are near too perfect, Workers Comp disability, workers comp fers retirement, your supervisor and federal disability retirement | Leave a comment »