From the long wait at the initial stages of preparation and formulation; to the waiting wasteland once it gets to the Office of Personnel Management — including first the period of waiting merely to have it assigned to a case worker, then the long period of uncertainty while it has been assigned but pending an actual review by the OPM Caseworker; then, of course, if it is approved, the lengthy period of receiving interim (partial) pay before it gets “finalized” and calculated — this, all on the assumption that the Office of Personnel Management will perform the monetary calculations of backpay, interim pay and final pay in a correct, indisputable manner; and further, if it gets denied at the First Stage of the process, then the further period of waiting at the Reconsideration Stage of the process; and further, if it gets denied at the Reconsideration Stage of the process, then an appeal to the Merit Systems Protection Board.
A recent case — indeed, just decided a couple of days ago — where the client went through the First Stage, the Reconsideration Stage, then a Hearing at the Merit Systems Protection Board, all without an attorney, and came to the undersigned attorney to file a Petition for Full Review at the Merit Systems Protection Board where, fortunately, there were enough legal mis-steps on the part of the Administrative Judge that the collective “we” were able to get it reversed and obtain an approval for Federal Disability Retirement benefits from the Office of Personnel Management — all told, took about 2 and a half years from the start of the process to the final decision. By any standard, that is a very, very long time.
Caution: It is not recommended that an individual wait until after an MSPB decision to obtain the services of an attorney. The wait for a Full Review by the MSPB 3-member Board alone took about 10 months, and moreover, it is very difficult to reverse the decision of a Merit Systems Protection Board’s decision. It can be done (and has been done), but it is obviously a better idea to win at the MSPB Hearing level, and not try and reverse an AJ’s decision based upon an “error of law“.
Robert R. McGill, Esquire