Federal Disability Retirement: SSA Approval, Part I

Of interest is what to do when a Social Security filing for disability benefits has been approved prior to the FERS/CSRS disability retirement application being approved.  This is a rarity, and indeed, it should logically be that way:  for Social Security disability requires a higher standard of (essentially) “total disability”; while the criteria for approval under FERS/CSRS is that of an “inability to perform the essential elements” of a particular job — meaning, in essence, that an individual is no longer a good fit for a particular type of job, but could certainly be productive in some other capacity of employment.

The cases at the Merit System Protection Board which have addressed this issue have been fairly consistent.  An approval in and of itself will not necessarily help a FERS/CSRS application; as with the application process itself, the applicant has the preponderance of the evidence of proving the relevance of the approved Social Security filing.  I am often asked whether, in a denial of an SSA disability application, where the decision by the Social Security Administration states that, while SSA acknowledges that the applicant is unable to perform his or her current employment because of the medical condition, yet the applicant for SSA disability benefits is denied because he or she may engage in other productive employment — whether such a statement in the denial (that SSA acknowledges the applicant’s inability to perform his or her current job) should be forwarded to OPM.  My answer is that it should not be, because it is not relevant to OPM’s criteria for making a determination.

As to the two most important questions:  1.  If a Social Security Disability application is approved, what needs to be sent to OPM, and 2. If Social Security’s determination doesn’t provide the necessary language to be relevant for forwarding to OPM, what can take its place?  As to these two questions, I will be addressing each in a blog to be written in the very near future.

Sincerely,

Robert R. McGill, Esquire

Common Mistakes in Filing for CSRS & FERS Disability Retirement

There are multiple mistakes often made when an unrepresented individual files for disability retirement under FERS & CSRS. One such common mistake is the very presentation of an application packet that is presented to the Office of Personnel Management.

Often, when an individual has a disability retirement application denied at the First Stage, and has asked me to represent him/her at the second, Reconsideration Stage, I find that what the individual did at the first stage was to put together the packet of medical records — often, a voluminous set breathtaking in its sheer quantity of pages — thinking that because he/she has serious medical issues, that the great quantity of medical records in itself will justify qualification of a disability retirement packet.

Volume of medical records rarely qualifies an individual for disability retirement. Instead, it must be remembered that eligibility and qualification for disability retirement benefits is determined by a set of legal criteria that must be met by a preponderance of the evidence, and it is up to the applicant and his/her legal representative to meet that burden of proof.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement Applicants

FERS and CSRS disability retirement applicants are especially “vulnerable” because of the inherently precarious financial situation that an applicant often finds him/herself in, and often desperate need for an approval from the Office of Personnel Management. Most of the cases that I represent are approved at the First Stage; upon a denial, however, it is necessary to go to the Second Stage, or the “Request for Reconsideration Stage.” An invidiual has 30 days from the date of the denial letter to file a request for reconsideration, then another 30 days to obtain and suibmit additional medical and supporting documentation.

If it is denied a second time, then an applicant has a right to file an appeal to the Merit Systems Protection Board (MSPB). While the MSPB will hear the case de novo (meaning, “anew” without consideration of OPM’s prior decisions), neverthess, it is important to look upon a disability retirement case as a “case in progress”, and that is why hiring an attorney at the outset is often important. While most “mistakes” made by an applicant are minor and correctable, everything that is submitted — the applicant’s statement, any records or reports submitted — become part of the record as a whole and cannot be retracted or erased. That is why a thorough review by a competent attorney is important in filing for disability retirement.

Sincerely,

Robert R. McGill, Esquire