CSRS & FERS Medical Disability Retirement: Responding to OPM

As different Stages in the process of preparing, formulating, and filing for Federal Disability Retirement benefits require a different response, so there is a reason why it is important to recognize and understand the procedural differences and distinctions between each stage.

Each stage in the entirety of the process is not just a difference of departments — of different “sections” of the Office of Personnel Management reviewing the Federal Disability Retirement application based upon the identical paradigm of review.  Yes, the first two stages of the process (the “Initial Stage” of the application, then the “Reconsideration Stage” of the process) involves the same agency (the Office of Personnel Management), but the underlying reviewing needs of the distinct departments are identifiably different).  

That is why it is important to understanding the underlying procedural requirements, thereby gaining an insight into the substantive needs and requests of the separate departments.  Thus, at the initial stage of the application, a Federal or Postal employee is attempting to meet, by a preponderance of the evidence, all of the criteria necessary in obtaining a Federal Disability Retirement annuity.  

If it is denied at the First Stage, then the Office of Personnel Management will normally indicate the deficiencies they have “discovered” in the application.  Whether true or not, whether right or wrong, it is often necessary to address — at least in part — some of the issues brought up by the initial denial.  

Then, of course, if it is denied a second time and one must file an appeal to the Merit Systems Protection Board, a response for the Third Stage of the process will require another, completely different set of responses.  Paradigm shifts occur not only in science; they occur in the administrative procedures of a Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire