It is an accepted fact that there is a “psychological” aspect to almost everything in life, and this is no less true in the field of disability retirement law. The “psychological” aspect is the nexus, or bridge, from the Reconsideration Stage to the Merit Systems Protection Board. From OPM’s viewpoint, this is the last chance to make a decision on a case, before it is taken out of the hands — and therefore “control” — of the Office of Personnel Management. Thus, OPM wants to be able to “justify” that its decision was reasonable, and legally-based and legally sufficient to withstand the scrutiny of an Administrative Judge. From the Applicant’s viewpoint, it is a chance to show that OPM was unreasonable for not approving the case.
While it is true that all cases which come before the MSPB are heard de novo (meaning, anew, without regard to prior decisions by OPM), OPM nevertheless never wants to be viewed as ignoring the law and appearing unreasonable, and the Applicant wants OPM to appear unreasonable in the face of the medical evidence already provided. This is the psychology behind trying to convince OPM to approve a case at the Reconsideration Stage. Thus, at the Reconsideration Stage, it is important to cite applicable law to OPM, to corner them into a position of appearing unreasonable if the disability retirement application is denied. On the other hand, the reasonings and underpinning of foundational bases provided in Reconsideration Decisions are often far more superior and accurate than those handed down at the Initial Stage. In any event, always remember that there is a “psychological” aspect to everything, and it is the duty of an attorney to identify it, use it to the best advantage possible, and cite the appropriate law.
Sincerely,
Robert R. McGill, Esquire
Filed under: OPM Disability Actors - The Agency, OPM Disability Actors - The Applicant, OPM Disability Actors - The Attorney, OPM Disability Process - 2nd Stage: OPM Reconsideration Stage, OPM Disability Process - 3rd Stage: MSPB Stage, U.S. Merit Systems Protection Board (MSPB) | Tagged: appeal to the Merit Systems Protection Board, arkansas opm disability retirement, case law citation in federal disabilities cases, convincing the OPM to change its position, de novo process in OPM disability law, disability appeal MSPB, disability retirement with the federal government, federal disability attorney's advice, federal employee attorney, FERS disability lawyer, fers disability retirement guide, FERS medical retirement, filing for fers disability can be depressing, filing for OPM disability retirement, from the perspective of the office of personnel management, how to convince the opm to reverse its previous decision?, job of a postal disability lawyer, lawyer role in federal disability cases, legal & foundational argument, listening and complying with the opm representative's requests, Merit Systems Protection Board and OPM disability, Merit Systems Protection Board Stage, MSPB and OPM disability retirement, MSPB Petition for Review, MSPB Reconsideration Stage, MSPB Third Stage, nationwide representation of federal employees, OPM disability appeal to the MSPB, OPM disability application tips and strategies, OPM medical retirement, OPM Reconsideration Stage, OPM Reconsideration Stage in federal disability, OPM unreasonable denial, OWCP disability, Petition for Full Review at the MSPB, Postal Service employee advocate, pragmatic methodology, reflections on the opm disability process, representing federal employees in and outside the country, the job of a federal disability retirement attorney, understanding each stage of the OPM disability retirement process, USPS Disability, usps medical disability, what to do in the OPM Reconsideration Stage, when the opm's decision is unreasonable | Leave a comment »