Federal & Postal Service Disability Retirement: Differing Legal Criteria

Similar benefits, at the State, Local, Private levels, and at the Federal level, each contain differing legal criteria for eligibility. Thus, for instance, Social Security Disability benefits require one set of standards of eligibility; private disability insurance policies require a different set of standards; and state disability benefits often differ from state to state.  This is of course true of Federal Disability Retirement benefits under FERS and CSRS — where the legal standard of eligibility is different from Social Security, Worker’s Comp, and State or private disability criteria.

Often, a question is asked whether a medical narrative report which is prepared for submission to the Office of Personnel Management can be used for submission for other “similar” benefits.  The short answer is, “It all depends”, but the long answer is that, in most cases, one must be very cautious.  When I represent a Federal or Postal employee under FERS or CSRS, one of the first steps in preparing a viable case is to request of the treating doctors a detailed medical narrative report.  One must understand that the treating doctor has, generally speaking, next to no idea as to the legal criteria that must be met under FERS or CSRS.  Furthermore, the treating doctor has no legal knowledge as to the differences between private disability insurance policies, State, Social Security, OWCP or FERS & CSRS.  It is the job of the Attorney to make sure and guide the treating doctors as to the criteria which must be met as to the particular and specialized field for which the medical narrative is being prepared.  This must be done with care, and with detailed guidance.

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

OPM Disability Retirement: As Strong As the Weakest Link

Have you ever heard the phrase, that “X is only as strong as the weakest link”?  What does that mean?  When applied to Federal Disability Retirement applications, it has significance and application on multiple levels.  Filing for Federal Disability Retirement benefits under FERS and CSRS has multiple, and almost an infinite amount of, potholes, dangers, traps and landmines, both hidden and apparent — and that is from the viewpoint of the attorney.  I can only imagine what it is like for the Federal or Postal employee who thinks as follows:  I have a serious medical condition; there is a benefit called “disability retirement”; let me make copies of my medical records, fill out the forms, and submit it.  I should get it with no problems.  I get telephone calls almost on a daily basis from people who say, “I can’t believe that the Office of Personnel Management disapproved my claim.  What did I do wrong?”  Often, it is the Office of Personnel Management that “did something wrong”, and it is up to the Attorney to point that fact out. 

Now, back to the original thought of this blog:  A case is only as strong as the weakest link.  As Federal Disability Retirement applications have many complex issues surrounding and central to the application and the application process, it is important to make sure that even the weakest link of the packet — whether it is the doctor’s report, the Applicant’s Statement of Disability, the legal arguments to be made, etc. — make sure that the weakest of the links is strong enough to withstand the selective (and often unfair) reasoning and attacks of the Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire