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OPM Disability Retirement

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    • Accommodation and Light Duty (40)
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FERS & CSRS Disability Retirement: Logical Argumentation

Posted on March 23, 2010 by Federal Disability Retirement Attorney

Reading a denial of a Federal Disability Retirement application under FERS or CSRS from the Office of Personnel Management is often a fascinating exercise in attempting to imply, infer, “read between the lines”, assume and presume what the basis of the denial is/are.  Just as gathering a 6-inch thick set of medical records and attaching them to a Federal Disability Retirement application does not constitute a logical, persuasive argument that you are entitled to Federal Disability Retirement benefits, conversely, referring to submitted medical documentation and acknowledging their existence, then concluding:  “You have not submitted sufficient medical documentation to be eligible for Federal Disability Retirement benefits” — does not constitute a sufficiently informative denial.  As the applicant must meet the legal criteria, the Office of Personnel Management has a duty and obligation to review it fairly, evaluate it objectively, and apply the laws and legal criteria.  If OPM decides that the application does not meet the legal criteria, then OPM has an obligation to provide a sufficient explanation that is clear, cogent, and logically persuasive.  Anything less would not meet the statutory obligation that OPM is under.

Sincerely,

Robert R. McGill, Esquire

Filed under: Clarifications of Laws or Rules, U.S. Office of Personnel Management (OPM) | Tagged: accepting opm disability clients all across america, addressing the reason for OPM denial, analyzing the opm denial letter, attorney representation before the office of personnel management (opm), attorney representing federal workers for disability throughout the united states, bad news from the office of personnel management, civil service disability, common excuses the opm uses to deny disability benefits, corona ca opm disability law firm, CSRS disability retirement federal attorney, deficiencies of an OPM disability denial, disability retirement for federal employees, discerning important from peripheral issues in the opm denial letter, eugene or opm disability retirement lawyer, examining carefully a denial for disability retirement opm, examining the basis for the denial, excuses the opm disability specialist uses to deny disability benefits, federal disability law blog, FERS disability retirement, focusing on the substantive issues of an opm denial letter, getting the most out of an opm disability denial letter, groundless reason for disability application denial, how to evaluate a denial of benefits from the opm, interpreting what an opm denial of benefits really says, joliet il federal workers immediate retirement due to medical reasons, law firm representing clients in opm disability law all across america, legal representation for injured federal workers, legal services for federal and postal workers all across america, nationwide representation of federal employees, Office of Personnel Management (OPM), office of personnel management usps disability, OPM Denial Letter, opm denial letter interpretation, opm disability denial - no enough medical evidence?, OPM disability retirement, OPM unreasonable denial, opm's frequent explanation: 'you have not submitted sufficient medical documentation', opm's statutory obligations in federal disability retirement claims, opm's sufficiently informative denial, pasadena tx federal disability retirement attorney, paterson nj legal representation for ill injured federal employees, paying attention to substantive concerns after a denial, pembroke pines fl disability retirement for federal employees, postal service disability retirement, postal service disability retirement blog, quoting common excuses the opm uses to justify denial of disability benefits, representing federal employees from any us government agency, representing federal employees in and outside the country, resources for injured federal workers, springfield ma federal disability law firm, statutory requirements in OPM disability law, the duty of evaluating a federal disability application fairly and objectively, the obligation to offer a through explanation about the denial of opm disability benefits, the responsibility of the opm in reviewing disability applications, USPS disability retirement benefits, when the office of personnel management evaluates your disability application, working around an OPM application for disability denial | Leave a comment »

  • More on CSRS & FERS Disability Retirement

    • eZineArticles.com Article: The 1 Year Statute of Limitations
    • Federal Disability Retirement Laws, Medical Conditions, and the Intersecting Complications with OWCP, Social Security and FERS & CSRS
    • Federal Disability Retirement: The Full Arsenal of Weapons
    • FedSmith.com Article: Revisiting "Accommodation"
    • FedSmith.com Article: Sometimes the Process is just as important as the Substance of an Argument
    • Latest PostalReporter.com Article: Causation in a Federal Disability Retirement Case
    • Understanding the Complexities of the Law
    • USPS Disability Blog: The National Reassessment Program, the Agency and the Worker
  • Other Resources for Federal and Postal Employees

    • Articles Published in the Postal Reporter
    • FAQs on OPM Disability Retirement
    • FERS Disability Attorney Profile at Lawyers.com
    • Main Website on Federal Disability Retirement
    • OPM Disability Blog
    • The Postal Service Disability Retirement Blog
  • Seven False Myths about OPM Disability Retirement

    1) I have to be totally disabled to get Postal or Federal disability retirement.
    False: You are eligible for disability retirement so long as you are unable to perform one or more of the essential elements of your job.  Thus, it is a much lower standard of disability. 

    2) My injury or illness has to be job-related.
    False: You can get disability even if your condition is not work related.  If your medical condition impacts your ability to perform any of the core elements of your job, you are eligible, regardless of how or where your condition occurred.

    3) I have to quit my federal job first to get disability.
    False: In most cases, you can apply while continuing to work at your present job, to the extent you are able.  

    4) I can't get disability if I suffer from a mental or nervous condition.
    False: If your condition affects your job performance, you can still qualify. Psychiatric conditions are treated no differently from physical conditions.

    5) Disability retirement is approved by DOL Workers Comp.
    False: It's the Office of Personnel Management (OPM) the federal agency that administers and approves disability for employees at the US Postal Service or other federal agencies.

    6) I can wait for OPM disability retirement for many years after separation.
    False: You only have one year from the date of separation from service - otherwise, you lose your right forever.

    7) If I get disability retirement, I won't be able to apply for Scheduled Award (SA).
    False: You can get a Scheduled Award under the rules of OWCP even after you get approved for OPM disability retirement.
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