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OPM Disability Retirement

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    • Accommodation and Light Duty (40)
    • Advantages of Federal Disability Retirement (27)
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OPM Disability Retirement: Selective Prosecution

Posted on October 24, 2012 by Federal Disability Retirement Attorney

The term itself implies a sense of unfairness.  But fairness often depends upon a viewpoint, and the methodology which is applied, or failed to be applied.

Thus, in a Federal Disability Retirement case, whether under FERS or CSRS, if the U.S. Office of Personnel Management selectively extrapolates from medical reports, without giving a thorough review and analysis of the submitted documentation, then one may validly allege that such selective “prosecution” of a case has been unfairly perpetrated.

If, on the other hand, one applies the identical concept to the Federal or Postal employee who is the applicant filing for Federal Disability Retirement, then one’s perspective may change. Because the Applicant (the Federal or Postal employee) has the burden to prove, by a preponderance of the evidence, that one is entitled and eligible for Federal Disability Retirement benefits, it is therefore proper that the Federal or Postal employee also has the “right” to selectively choose which medical conditions to identify, and to support those medical conditions with the appropriate medical documentation and proof.

One could allege that allowing for the Federal or Postal employee to choose which medical documentation to submit amounts to a selective prosecution of the case; but to make such an allegation misses the point.  It is not the act of selectivity; rather, the methodology and the underlying foundation, which determines the fairness or unfairness of the process.  Everyone has to make choices; how that choice is made, and why, makes all the difference.

Sincerely,

Robert R. McGill, Esquire

Filed under: OPM Disability Actors - The Applicant | Tagged: advantages that the federal disability retirement applicant has over the office of personnel management, being careful with the medical documentation you submit to opm, civil service disability, defining fairness in the federal disability retirement process, disability retirement at the USPS, documents you should not always submit to the opm, examining all and each document submitted to the opm, Federal Disability, federal disability retirement, federal disability retirement lawyer, FERS disability retirement, law firm representing clients in opm disability law all across america, nationwide representation of federal employees, not playing by the rules: how the opm might sometimes deny your disability application, OPM disability retirement, opm medical documents, opm supportive medical documentation, owcp disability retirement, Postal disability, Postal disability retirement, representing federal employees in and outside the country, selective prosecution of the opm disability retirement law, the federal employee has the right to submit the medical documentation he or she deems necessary, the opm must evaluate medical documentation, the relative fairness of the opm disability process, understanding how the opm may use your medical documentation for its own purposes, USPS disability retirement, usps federal attorney, what documents should I turn over opm for my disability claim?, when the opm uses selective documents to deny your disability application, your medical retirement claim and the opm's selective picks, your weakest medical documentation is the one that the opm may use to deny fers disability benefits | Leave a comment »

Federal Disability Retirement: SSA Approval, Part II

Posted on July 27, 2008 by Federal Disability Retirement Attorney

In order for an SSA approval to have an impact upon a Federal disability retirement application, the Social Security Administration’s decision letter granting benefits must provide a detailed explanation as to the basis for the approval, delineating the medical basis, the medical conditions upon which the decision was made, etc.  Thereafter, the applicant can submit the decision letter, but this is where it is important to have an attorney provide the proper legal & foundational argument — to provide the contextual applicability.

The legal basis, to start with, is found in Trevan v. Office of Personnel Management, 69 F.3d 520, 526-27 (Fed. Cir. 1995), in which the Federal Circuit Court found that in making a determination of eligibility for disability retirement, the Board (and thus, by analogy, OPM) must consider an award of SSA disability benefits together with medical evidence provided by the appellant to OPM, and other evidence of disability.  This is when an attorney’s tools of “argument by analogy” and pointing out the significant contextual language in an SSA decision letter comes in handy.  Next:  What if an SSA decision letter is not immediately forthcoming, or does not address the same medical conditions as that applied for in one’s disability retirement application?

Sincerely,

Robert R. McGill, Esquire

Filed under: Application, Appeals, and Other Medical Documentation Submitted To the OPM, Federal Disability Judge-Made Decisions Quoted, Important Cases, Legal Updates and/or the Current Process Waiting Time, OPM Disability & SSA Social Security Disability Benefits | Tagged: additional evidence to sustain your fers disability claim, Application, Appeals, and Other Medical Documentation Submitted To the OPM, argument by analogy, attorney for US government employees, being careful with the medical documentation you submit to opm, case law citation in federal disabilities cases, civil service disability, civil service disability retirement, CSRS disability lawyer, disability retirement fers, disability retirement for federal employees, disability retirement laws under FERS & CSRS, documents you should not always submit to the opm, emphasizing quality in submitting opm medical records, federal disability law, federal employee turning over medical evidence to the opm, federal workers disability, FERS disability attorney, FERS disability lawyer, law firm for federal disability retirement, medical condition(s), medical evidence, medical evidence submitted to the opm for disability purposes, nationwide representation of federal employees, nexus between medical disability and job performance, OPM disability application tips, opm disability law firm, OPM disability lawyer, opm medical documents, opm supportive medical documentation, OPM's methodology, postal workers owcp rights attorney, pragmatic methodology, precedent and analogy in opm law legal reasoning, Social Security and OPM disability relationship, statutory requirements in OPM disability law, supporting substantial medical evidence to OPM, the applicant's methodology, the attorney's methodology, the opm must consider a ssa's decision if submitted, Trevan v. Office of Personnel Management, usps medical retirement, when to use a SSA disability decision, wyoming opm federal disability retirement | Leave a comment »

Federal Disability Retirement: SSA Approval, Part I

Posted on July 21, 2008 by Federal Disability Retirement Attorney

Of interest is what to do when a Social Security filing for disability benefits has been approved prior to the FERS/CSRS disability retirement application being approved.  This is a rarity, and indeed, it should logically be that way:  for Social Security disability requires a higher standard of (essentially) “total disability”; while the criteria for approval under FERS/CSRS is that of an “inability to perform the essential elements” of a particular job — meaning, in essence, that an individual is no longer a good fit for a particular type of job, but could certainly be productive in some other capacity of employment.

The cases at the Merit System Protection Board which have addressed this issue have been fairly consistent.  An approval in and of itself will not necessarily help a FERS/CSRS application; as with the application process itself, the applicant has the preponderance of the evidence of proving the relevance of the approved Social Security filing.  I am often asked whether, in a denial of an SSA disability application, where the decision by the Social Security Administration states that, while SSA acknowledges that the applicant is unable to perform his or her current employment because of the medical condition, yet the applicant for SSA disability benefits is denied because he or she may engage in other productive employment — whether such a statement in the denial (that SSA acknowledges the applicant’s inability to perform his or her current job) should be forwarded to OPM.  My answer is that it should not be, because it is not relevant to OPM’s criteria for making a determination.

As to the two most important questions:  1.  If a Social Security Disability application is approved, what needs to be sent to OPM, and 2. If Social Security’s determination doesn’t provide the necessary language to be relevant for forwarding to OPM, what can take its place?  As to these two questions, I will be addressing each in a blog to be written in the very near future.

Sincerely,

Robert R. McGill, Esquire

Filed under: Application, Appeals, and Other Medical Documentation Submitted To the OPM, OPM Disability & SSA Social Security Disability Benefits | Tagged: applying for federal disability, being careful with the medical documentation you submit to opm, CSRS disability lawyer, CSRS disability retirement federal attorney, different laws and standards of disability, disability retirement at the USPS, disability retirement for federal employees, disability retirement with the federal government, documents you should not always submit to the opm, federal disability attorney's advice, federal employee turning over medical evidence to the opm, federal employees benefits in the district of columbia, Federal Medical Evidence of Record Program (FEDMER), federal worker disability retirement, federal workers disability, FERS disability lawyer, FERS medical retirement, injured federal employees, injured postal workers, is there any adverse effects from a ssa denial?, legal representation for injured federal workers, medical compensation for federal and postal workers, medical condition(s), medical records submitted can not be retracted, medical retirement for employees in small us agencies, nationwide representation of federal employees, Nexus between Medical Condition and Essential Elements, opm denied your claim but social security, OPM disability attorney, OPM disability retirement, opm disability retirement blog, opm medical documents, opm supportive medical documentation, owcp disability retirement really is usually meant "opm disability retirement", Postal Service disability, pragmatic methodology, Social Security and OPM disability relationship, the relevance of decision from the ssa on opm disability, usps disability benefits, USPS disability retirement, usps medical disability, when the opm disability application is approved, when to use a SSA disability decision | 1 Comment »

  • More on CSRS & 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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