Federal and Postal Disability Retirement: The Initial, Reactive Response

When a denial is received at the first stage of a Federal Disability Retirement application process, the initial, reactive response is often one of two avenues, both of which are the wrong paths to venture down:  either a Federal or Postal employee immediately writes an angry, emotional response or he/she gives up and decides that the statements made, the reasons given, etc., in the denial letter from the Office of Personnel Management are too powerful and overwhelming to overcome.  

Both responsive avenues constitute the wrong approach; neither responsive approach reflects the true state of the case.  

While there may be cases where the applicant has failed to make even a minimal attempt at meeting the burden of proof in a Federal Disability Retirement application, such a case is one in which the undersigned attorney has never encountered.  For, there is a presumption (a truthful one, I believe) that filing for Federal Disability Retirement benefits is never out of choice, but always out of necessity.  

Federal and Postal workers don’t file for Federal Disability Retirement benefits without good cause.  In a denial letter from the Office of Personnel Management, the statements made and the claims of rational discourse as to the reasons for the denial, do not mean that they are true.  Just because OPM says so, doesn’t make it true. Careful thought, reflection, and thoughtfulness of strategy in responding to an OPM denial is what is needed.  Do not react — at least, not initially.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Substantive Responses

Once a Federal Disability Retirement application has been denied at any given stage of the process (at the First Stage or at the Reconsideration Stage) by the Office of Personnel Management, a Federal or Postal employee must determine the proper response.  

As stated in the immediately preceding blog, there is first the administrative response which must be satisfied, before one even gets to the issues of a substantive response.  The administrative response takes care of the timeliness issue of satisfying the administrative requirements set forth by the law — upon a first denial, one must submit a “Request for Reconsideration” within thirty (30) days of the denial; upon a second denial, one must file an appeal to the Merit Systems Protection Board within thirty (30) days of the denial, etc.  

As for the substantive response, the worst mistake that a Federal or Postal employee can make is to immediately write an angry diatribe and submit the response.  There is time enough for a thoughtful and proper response.  The issue is whether to rebut each point which the Office of Personnel Management makes, or to selectively choose one or two main points, and to focus upon those.  Normally, the latter is preferable, if only because such an approach normally addresses all of the subset, minor points of a denial in the very process of presenting one’s case.  Remember that, throughout the process, the mere fact that OPM asserts an argument, does not mean that the argument is true, or even valid.

Sincerely,

Robert R. McGill, Esquire