Federal Worker Disability Retirement: The Disappointment of a Denial

A Denial Letter from the U.S. Office of Personnel Management quashes the Federal or Postal employee’s plans for the future, which includes an ability to secure a stream of income, to have the recuperative period in which to recover from a progressively deteriorating medical condition, and generally to be able to “move on” in life.  As all rejections have a negative impact upon a person — in terms of emotional, psychological as well as practical consequences — so a denial letter from OPM is seen as a rejection of a compendium of submitted proof concerning a Federal Disability Retirement application.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, one becomes completely and totally involved in the gathering, compiling and submission of the documentation, statements, narratives and records in order to “prove” that one is eligible for Federal Disability Retirement benefits.

Such totality of involvement often betrays an ability to remain objective in a case; for, by definition, self-involvement diminishes the ability of an individual to be able to step outside of one’s self, and to evaluate the effectiveness of an endeavor apart from the subjective perspective which everyone brings to bear upon a project, issue, work product, etc.  But objectivity is important, because an uninvolved, detached assessment of a Federal Disability Retirement application evaluates the viability of a Federal Disability Retirement packet without the concerns already indicated — those emotional, psychological and practical consequences which form a part of a person’s being.  That is why having an advocate or legal representation is an integral part of preparing, formulating and filing for Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: Reluctance through Negation

Making mistakes is part of the entire process of going through life; receiving advice and proper counsel helps to mitigate such mistakes; the distinction between “advice” and “information” is not merely a conceptual difference, but a pragmatic one which impacts one’s actions, thoughts, and application of thoughts to actions.  

“Going it alone” in preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS is no longer the only viable option; there is much information “out there” on the internet, and other publication resources are available; but as has been written about previously, there is a conceptual distinction to be made between “information” and “knowledge”, where the former is merely a compilation of facts and perspectives upon those facts, whereas the latter is a filtered compendium of the latter based upon experience, reflection, and considered logical analysis.  

The Federal or Postal employee who is considering filing for Federal Disability Retirement, who encounters the morass of information and hesitates because of the reluctance to engage in an administrative process, complex though it may be, is making a crucial mistake.  

Most “mistakes” which result in a denial from the Office of Personnel Management in a Federal Disability Retirement application under FERS or CSRS are correctable.  Such mistakes, however, must be identified, recognized, and addressed in any subsequent appeal, either at the Reconsideration Stage of the process, or in the appeal to the Merit Systems Protection Board.  

Reluctance to begin or continue the process of preparing, formulating, and filing a Federal Disability Retirement application with the Office of Personnel Management, because of the potential negation through mistakes, while understandable, should not result in failing to file.  

The medical condition should be the determinative factor, as well as the quality of life for the Federal or Postal Worker contemplating filing for Federal Disability Retirement benefits under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: OPM, Authority & Rights

The decision-making process in filing a Federal Disability Retirement application under FERS or CSRS is placed into the hands of an administrative agency known as “The Office of Personnel Management“.  

OPM, as the acronym which the agency is known by, is the administrative bureaucracy which makes a determination on each individual Federal Disability Retirement application, after reviewing the submitted medical records, Statement of Disability as formulated and presented by the Applicant and his or her Attorney; the Supervisor’s Statement; The Agency’s Efforts for Reassignment and Accommodation — in other words, the full compendium of the evidence, based upon a legal standard which is low on the totem pole of legal standards — that of “Preponderance of the Evidence“.  

It is helpful to understand that the Office of Personnel Management is merely following the statutory procedures as created and mandated by law:  OPM, as the first-line administrative agency, must make an initial determination on a Federal Disability Retirement application under FERS or CSRS, not because they want to, desire to, like to, etc. — but because they are the designated entity set up to do so.  They have the “authority” under statutory mandate to make a determination of eligibility at the “First Stage” of the process, as well as at the “Second Stage” (the stage often known as the “Reconsideration Stage”) of the process.  

As an inverse matter, however, the individual Federal or Postal applicant has the “right” to dispute any negative determination made by the Office of Personnel Management at either of the first two stages of the process.  

It is important to distinguish between the conceptual differences and distinctions between “Authority”, “Rights”, and the use of the term “right” as in “right or wrong”.  OPM has the authority to make an eligibility determination on a Federal Disability Retirement application because they are statutorily mandated to do so; the individual Federal or Postal employee has the right to appeal such a decision; the fact that OPM may have the right to deny a Federal Disability Retirement application under FERS or CSRS does not mean that they are “right” in doing so; they merely have a statutory authority, and nothing more.

Sincerely,

Robert R. McGill, Esquire