Postal and Federal Disability Retirement: Denials

Denials come with an unexpected force and impact; for, in every Federal Disability Retirement case, there is the expectation that the application itself merits close scrutiny and a belief that a proper review will persuade the OPM trier of facts that the Federal Disability Retirement application should be approved.

Indeed, from the perspective of the applicant, who is suffering from the medical condition itself on a daily basis, it is often a reaction of disbelief and anger when a denial is issued by the U.S. Office of Personnel Management.  But one must understand that this administrative process identified as “Federal Disability Retirement” is one which is not an “entitlement”, but rather, an adversarial process where proof, argumentation and persistent appellate procedures must be invoked at every step of the way.

That is why, in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, one needs to always prepare a case as if it will ultimately go to the U.S. Merit Systems Protection Board.

Further, it is understandably disappointing to read an OPM denial and find that the OPM case worker does not even mention or refer to much of the substantive medical documentation submitted, but instead blindly (and generically) issues a template of tired old phrases, such as, “You did not meet the legal criteria“; “The evidence did not show that…”

With hundreds of cases assigned to each OPM Case Worker, one must understand that denials are rarely personal; but in responding to a denial from OPM, one must be diligent, forceful, and approach it with the use of all legal tools available.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: Getting Lost in a Morass

At each step in the administrative process of preparing, formulating and filing for Federal Disability Retirement benefits from the Office of Personnel Management, including any responses to denials from OPM in order to qualify for the subsequent stage of the process (i.e., a Request for Reconsideration must be filed within thirty (30) days of the denial; an appeal must be filed with the Merit Systems Protection Board, etc.), there is always the danger of becoming lost in the morass of peripheral issues, often resulting from a sense of panic upon an initial reading of correspondence received.  

Thus, whether it is a letter from the Office of Personnel Management for additional medical documentation; a decision of denial at the Initial Stage of the Process; a second denial from the Office of Personnel Management — it is important to have a sense of how one must extract the essential points which must be addressed, and refuse to respond in a reactionary, ineffective manner.

Compiling an immediate response based upon an initial reading is normally a waste of time.  Verbiage which takes up space on a page of paper does not in and of itself mean that it requires a substantive response.  Much of what the Office of Personnel Management states can be summarized in a couple of sentences, once all of the ancillary issues are set aside.  

Further, it is more often the case than not, that what the Office of Personnel Management states as the requirements of “the law” is simply wrong.  OPM is rarely up-to-date on the current case-law as handed down by the Merit Systems Protection Board or the Federal Circuit Court of Appeals. Compliance with the law is one thing; compliance with the wrong law and an erroneous interpretation of legal requirements is quite another.  

To panic is to remain in a morass; to re-review the legal requirements in the administrative process of applying for, and becoming eligible for, Federal Disability Retirement benefits, whether under FERS or CSRS, is essential to the road to success.

Sincerely,

Robert R. McGill, Esquire