Federal Worker Disability Retirement: Responding to a Denial

Preparing, formulating and filing for a Federal Disability Retirement application under FERS or CSRS must necessarily involve the preparation for a response to a denial, issued by the Office of Personnel Management.  To resist and avoid contemplating such a potential event is to disregard an inevitable probability.  

As has been acknowledged before, most Federal and Postal employees believe that his or her Federal Disability Retirement application which has been submitted to the Office of Personnel Management, is a “slam dunk” case; that, because of the severity of the medical condition experienced, and its “obvious” impact upon one’s ability/inability to perform one or more of the essential elements of one’s job, there is simply no conceivable way in which OPM could deny the application.  But that life only presented a singular perspective on all issues; dictatorial control of all ideas would certainly simplify the world; conceptual certainty without opposing views would make irrelevant the necessity of the entire judicial system.  But that is not how life operates.  

To the question:  What can we do about conflicting ideas?  Is the answer:  That is why there is in place a procedural mechanism which often involves the need for a Judge to render a decision adjudicating the dispute.  Responding to a denial from the Office of Personnel Management is the first step to engaging in the procedural mechanism of the resolution of disputed perspectives.  OPM has their job; the Federal or Postal employee has his or her job to do.  

Whatever the substantive basis for the dispute, what is necessary is first and foremost to respond to the Office of Personnel Management, and before that, to prepare for a denial, and be ready to respond appropriately.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement Benefits for Federal & Postal Employees: Point of Necessity

Just as one should purchase insurance based upon the worst-case scenario, so one should generally prepare for anything in life with unexpected consequences in mind.  This is similar to the proper approach in preparing, formulating, deciding, and filing a Federal Disability Retirement application under FERS & CSRS.  People will often call an attorney only when he or she “thought it necessary”.  But who determined the point of necessity?  If the individual who determines the point of necessity is the same person who finds him or herself at the point of necessity, then it is often too little too late. 

Can most cases be reversed and won even after an initial denial?  Yes.  Can most cases be reversed and won even after a second denial at the Reconsideration Stage?  Yes.  Can most cases be reversed and won even after an initial denial, a denial at the Reconsideration Stage, then an adverse Initial Decision by an Administrative Judge at the Merit Systems Protection Board?  Perhaps.  How about thereafter?  You are then asking if, after all of the facts have been put forth, after all of the stages of consideration by the administrative process of filing for Federal Disability Retirement benefits, whether an error in the application of the law can be found.  Yes, at each state of the process, a Federal Disability Retirement application can be won; however, remember the the “point of necessity” is not best determined by the one who thinks it is finally necessary; it is often best determined by an experienced OPM Disability attorney.

Sincerely,

Robert R. McGill, Esquire