Disability Retirement for Federal Government Employees: Preparing the Case

As in everything in life, preparation is the key to a successful endeavor.  In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, the Federal or Postal employee under FERS or CSRS has the affirmative burden of proving by a preponderance of the evidence that one is eligible and entitled to Federal Disability Retirement benefits from the Office of Personnel Management.  

By “affirmative” is simply meant that it is not the responsibility of the Agency, the Office of Personnel Management, or any other bureaucracy to obtain and submit the necessary evidence, documentation or forms to meet the burden.  While it is true that the Agency must complete certain forms, it is still the responsibility of the Federal or Postal employee who is filing for Federal Disability Retirement to request their completion.  

Further, by “burden of proof” is meant that there is a certain set of legal criteria that the Federal or Postal applicant must meet in order to become qualified for Federal Disability Retirement benefits under FERS or CSRS.  Unlike Social Security, where the Agency itself will contact the doctors, set up medical reviews and consultative examinations with appointed doctors in order to establish the extent of one’s medical conditions, etc., under the legal criteria set up by the Office of Personnel Management, it is entirely up to the Federal or Postal employee to gather, obtain and submit the evidence to meet the burden of proof.  

That places a significant responsibility upon the potential applicant, and in order to meet that burden, it is well to take the time to prepare each and every aspect of a Federal Disability Retirement application, and not just blindly leave a form with a doctor, or anyone else, hoping for the best.  To prepare means time; expending the time at the forefront will often save time in the end.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Burden of Proof

In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, a considerable amount of effort goes into anticipating any objections which may be encountered by the Office of Personnel Management, and to “preempt” such anticipatory objections by addressing them at the outset.

A proper balance must be maintained in engaging in such preemptive accounting, because one does not want to address the issues which would unnecessarily create a “red flag”, yet at the same time, discussing and explaining reasonable areas of potential concern should be a part of any Federal Disability Retirement application.

The problems always arise because it is the Federal or Postal employee who is filing for Federal Disability Retirement benefits who has the affirmative burden of proving one’s eligibility for Federal Disability Retirement benefits.  The Federal or Postal employee must, by a preponderance of the evidence, prove his or her “burden of proof” affirmatively.

Conversely, the Office of Personnel Management has the authority to review, criticize, analyze, and ultimately approve or deny a Federal Disability Retirement application under FERS or CSRS.  They can merely sit back and take pot shots at an application, point out that this particular legal criteria was not “sufficiently met”, or simply make a generic statement that the medical evidence did not present a “compelling enough” case (what in the world could such a generalized non-statement possible mean?).

Yet, one must play the language game, and play it well, and the best way to play it is to attempt to preempt and anticipate OPM’s potential objections, and to meet one’s burden of proof by jumping ahead, and predicting how an OPM Representative might view the Federal Disability Retirement application that is being prepared.  Predicting the future is always a tenuous endeavor; nevertheless, one must engage the potential pitfalls, and anticipate the actions of the Office of Personnel Management, if one is going to be successful.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: The Process of Eligibility

The problem with possessing power is that it must be accompanied by truth, validity and rational foundations, if it is to be effective over the long term.  

In filing a Federal Disability Retirement application under FERS or CSRS, there is the process of proving one’s eligibility by meeting the burden of proof, termed as the “preponderance of the evidence“.  A disagreement can occur during the process, in that the Representative from the Office of Personnel Management can deny the Federal Disability Retirement application.  

Such a denial can occur twice at the OPM level — at the Initial Stage of the process, then at the Reconsideration Stage of the process.  OPM possesses the power to approve or deny each Federal Disability Retirement application.  Often, however, the denial itself fails to be accompanied by a rational discourse which strives to meet the high standards that a Federal Agency should always adhere to — guided by the truth and validity of any claims made in a denial letter.  Too often, the discourse which is the basis of the denial merely regurgitates a series of template-like statements, and then the OPM denies the claim.  

Fortunately, however, OPM is not the only Agency which makes the determination during the entirety of the process.  After the second denial, it then loses its jurisdiction over a case, and an appeal can be made to the Merit Systems Protection Board.  

The integrity of the entire process depends upon the independence of the MSPB in reviewing all such cases, and indeed, the Administrative Judges at the MSPB review each case carefully, with an open mind, and with the proper application of the law.  Each Judge must render a decision which contains the rational basis of a decision, based upon precedents and statutory legal underpinnings.  To have the full benefit of the process is indeed the basis of a system with integrity.

Sincerely,

Robert R. McGill, Esquire