CSRS & FERS Medical Disability Retirement: The Denial Letter

During this Holiday Season when Federal and Postal employees who have filed for Federal Disability Retirement benefits under FERS or CSRS, who are anxiously awaiting the decision from the Office of Personnel Management, a denial letter from OPM can appear disproportionately devastating.  Christmas and the New Year tend to bring difficulties precisely because it is seen as a season of celebration, when families get together, where work continues, but an expectation of being “joyous” pervades.  At such a time, a denial of a Federal Disability Retirement application from the Office of Personnel Management can be a seeming conclusion to a long wait.  It is not.  

Do not become discouraged just because someone at OPM has “decided” that your Federal Disability Retirement application did not “meet” the legal criteria.  Set the denial letter aside for a day or two (so long as it is not nearing the 30-day period to either file for Reconsideration or an appeal).  Then, proceed to fight it.  

Don’t let the Holiday Season become confused with the right to file for, be eligible for, and be entitled to Federal Disability Retirement benefits under FERS or CSRS.  The filing of an application for Federal Disability Retirement benefits is a process which may take 6 – 8 months, or longer if it is needed to go to the Reconsideration Stage, or to the Merit Systems Protection Board.  

Do not get discouraged; instead, fight for your benefits.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: Summer & OPM

It seems that one merely jumps from cycle to cycle; from a furious work cycle to a period of delay; and government agencies, including the Office of Personnel Management, is no different.  The summer is almost over, and the Office of Personnel Management should be getting into “full throttle” for decision-making in Federal Disability Retirement cases under FERS or CSRS.

 This can be both a good or bad thing, depending (obviously) upon the decision which is made upon each individual Federal Disability Retirement case.  If an individual’s specific Federal Disability Retirement application is approved, then the world appears as it should — efficient, with the future secured, and the governmental agency having accomplished what it was created to do.  

On the other hand, if an individual’s Federal Disability Retirement application is denied, then the world becomes a compartment of dire circumstances, with increasing doubts and thoughts of unfair treatment.  The key to the latter is the try and keep everything in its proper perspective, which is sometimes difficult to do.  It is the job of an attorney who represents a Federal or Postal Worker in obtaining Federal Disability Retirement benefits under FERS or CSRS to attempt to remain objective, calm, and methodical.  The client may be upset, but if the attorney becomes upset in parallel fashion, then that attorney is not doing his or her job that he/she was hired to do.

Sincerely,

Robert R. McGill, Esquire