Postal and Federal Disability Retirement: The MSPB & the Window of Opportunity

At the Merit Systems Protection Board, there are multiple critical points of opportunity in which to convince, persuade and otherwise have a discussion with the Office of Personnel Management (OPM) to reverse their earlier denial of a Federal Disability Retirement application.

Remember, however, that this is the arena and playground of lawyers.  While an applicant who has meandered through the intricate administrative process of preparing, formulating and filing for Federal Disability Retirement benefits from the Office of Personnel Management, can certainly survive the administrative procedures as circumscribed by the Merit Systems Protection Board, it is a good idea to have legal representation– obviously, from the very beginning; if not, then to represent one’s interests in rebutting an initial denial at the Reconsideration Stage; if not (again), then to have proper representation before the Merit Systems Protection Board (MSPB).

Whether at a Preliminary Conference to discuss the forthcoming issues, or at a Prehearing Conference — or, in preparing and filing a Prehearing Statement as ordered by the Administrative Judge at the MSPB — opportunities arise for the Federal or Postal worker to submit additional medical evidence which can potentially persuade OPM’s representative to reverse the two previous decisions of denial.  Such opportunities must be carefully embraced.  Yet, often, a Federal or Postal employee who is unrepresented at the MSPB is unaware of the opportunities which arise, at which points, in what circumstances, and the Administrative Judge is bound by duty and position to remain neutral.  Then, of course, there is the Hearing at the MSPB, in the event that OPM does not reverse.  Whatever the circumstances of the Federal or Postal employee who is or will be filing for Federal Disability Retirement benefits under FERS or CSRS, an advocate to represent the Federal or Postal employee’s interests is paramount. Don’t “go it alone”; for, to do so will often only lengthen the process.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: A Federal Issue

Representation by an attorney who is licensed in one state, of a Federal or Postal employee who lives in another state, is accomplished in a Federal Disability Retirement application precisely because it is a Federal issue and not a State issue.  

If an individual has a legal issue which he or she wants advice on, which concerns an event, issue or matter which involves a particular state’s laws, then obviously an attorney from the particular state should be consulted.  

In obtaining a Federal Disability Retirement annuity from the Office of Personnel Management, however, it is irrelevant whether or not the attorney is from the Federal or Postal Worker’s state.  For one thing, the agency which must be directly dealt with — the Office of Personnel Management — is located in Washington, D.C. (although the initial intake office is located in Boyers, PA).  OPM is the agency which handles all Federal and Postal Disability Retirement applications under FERS or CSRS, and makes both the Initial Decision in the process, as well as any decision at the Second, or Reconsideration Stage.  

In this technologically-centered world of ours, everything can now be handled by telephone, fax, express mail, FedEx,UPS, email, email attachments, etc.  It is more efficient this way, and further, there are not that many attorneys who specialize in the field of Federal Disability Retirement benefits from the Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire