Why are denial letters issued to those Federal Disability Retirement applicants different in nature from those with legal representation? Why should there be a difference in quality and content? Why, indeed?
It is an “indication”, of course, of a lack of objectivity in how the U.S. Office of Personnel Management approaches cases. For, the denial letter issued to an unrepresented individual is often characterized by language which makes it appear as if the person filing for Federal Disability Retirement benefits “never had a chance”. You were a fool to have even tried. Your application has no merit and should be summarily dismissed!
On the other hand, a denial letter to an individual who is represented by an attorney often will point out some of the legitimate deficiencies; questions about lack of performance deficits; and a greater amount of logical argumentation.
In the end, one might argue — does it matter? For, both still constitute an OPM Disability Retirement denial. The answer: Yes.
Not every FERS Disability Retirement application prepared by a lawyer will pass through at the First Stage with an approval. However, most should at least come close to satisfying the threshold, and those which do not, can always be supplemented at the Reconsideration Level, or with an appeal to the MSPB.
Contact a FERS Disability Attorney who specializes in Federal Disability Retirement Law and make sure that your legal presentation to the U.S. Office of Personnel Management is given the best shot possible.
Robert R. McGill, Lawyer