OPM FERS/CSRS Disability Retirement: Approaching a Reconsideration

The proverbial definition of insanity is to engage in the same repetitive activity with the expectation of receiving a different result.  While such a definition may not provide a clinically accurate or legally acceptable formulation, it does implicate the chaotic character and the futile act of responding in a particularly fruitless manner.

For Federal and Postal employees who have attempted to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS, and have received an initial denial, the process of having OPM reconsider one’s case must be approached in a 2-tier manner:  First, one must meet the “deadline” of filing for Reconsideration with OPM within thirty (30) days of the denial, or upon receipt of the denial (although, to be on the safe side, it is best to use the former date as opposed to the latter);  next, with the box checked to indicate submission of additional medical documentation, to then gather, prepare, compile and submit additional medical evidence within thirty (30) days thereafter, unless a further extension is needed and requested.

However, one should also understand that in an OPM Reconsideration case, it will not be the same Case Worker who will review the case, but it will be reviewed thoroughly by someone else as if it had never been previously reviewed. As such, there is the confounding conundrum of a dual anomaly: The First Case Worker who issued the denial based the denial upon certain specific points; yet, what the First Case Worker denied the case upon, may have no bearing upon what the Second, Reconsideration Case Worker will evaluate the case upon.

What does one do? Whatever one’s answer is to this complex conundrum, do not engage in the proverbial act of insanity; better to get some legal guidance than to spin one’s wheels in an insane world of futility.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Initial Denial & Reconsideration

In the Animal Kingdom, there are artificial classifications superimposed by a class of individuals commonly and generically referred to as “scientists”, in which more generalized identifiers are further categorized, until you reach the “genus” classification, and within that genus, the “species” classification.  In the objective world of animals, such classifications are irrelevant and taken no notice of.  Instead, the necessity to be able to identify various species is essentially based upon the ability to recognize one’s natural predators, as well as one’s food source.  

Such anthropomorphic imposition on ordering the world for purposes of our understanding of the world was recognized by Kant in his Critique of Pure Reason, and the ability of Man to impose his a priori categories upon the objective noumenal world.  But in the world of Man, especially for the Federal or Postal employee who has prepared, formulated and filed a Federal Disability Retirement application under FERS or CSRS, it is important to understand the categorized arena within which he or she finds one’s self in.  

Thus, when an initial denial is received by the Federal or Postal worker, it is important to understand that filing a “Request for Reconsideration” does not take the Federal Disability Retirement case out of the hands of the agency which made the initial denial — instead, it is within the same agency (the Office of Personnel Management), but assigned to a next “level” in order for both the Federal or Postal employee to get a “second bite at the apple“, as well as for the deciding body (OPM) to review the case afresh, along with any new or additional evidence which the Federal or Postal employee can supply to OPM.  

This methodology of a second “review” makes sense, in that it allows for the deciding Federal Agency (OPM) to have a chance at correcting itself in the event that its initial decision was made in error, before it is allowed to be appealed to an independent, separate entity, called the Merit Systems Protection Board.  Thus, that same categorization and ordering of the world, superimposed upon the Animal Kingdom, is also utilized in the world of Man.  The same agency, but different sections; if the second review fails, then it is kicked up to a different genus — before an Administrative Judge at the Merit Systems Protection Board.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: Denial at the First Stage

I would like to state that none of my cases have ever been denied at the Initial Stage of filing for Federal Disability Retirement benefits; not only would such a statement be untrue; it would also be unbelievable.  And yes — even the cases that I file on behalf of my clients, get a similarly formatted denial:  a restatement of the criteria for eligibility for Federal Disability Retirement under FERS & CSRS; a discussion with an elaborate reference to doctor’s notes, dates of treatment, targeted extrapolations of statements by the doctors which are not only selectively chosen in a narrow manner to favor the decision of denial, but further, which are often taken out of context.  Some might wonder:  Doesn’t OPM have greater respect for Mr. McGill?  The answer is:  At the First Level, the representative from the Office of Personnel Management is merely making a decision on one of thousands of files, and a template is being used to process and get rid of cases.  However, one must always remember (as I try to remind everyone) that this is a “process”.  A denial at the First Stage of the process is merely part of the greater process.  It is not something to get annoyed at, or concerned about; it is a stage and a decision which must be dealt with, argued against, and rebutted in the proper, rational, legal manner. 

Sincerely,

Robert R. McGill, Esquire