Federal and Postal Disability Retirement: Beyond the MSPB

With certain notable exceptions (e.g., documents which could not be obtained prior to or during the Hearing; an SSDI approval which was awarded after the close of the record, etc.), the Hearing which is set for the Merit Systems Protection Board (better known by its acronym, the “MSPB”) is the time and place to prove by a preponderance of the evidence that a Federal or Postal employee is eligible to meet each of the legal criteria in a Federal Disability Retirement case.

MSPB Hearings for Federal Disability Retirement applications are performed telephonically; but beyond the time to submit all additional medical documentation and have any witnesses testify, it is the time to set the stage for a future Petition for Review (PFR) or an appeal to the U.S. Court of Appeals for the Federal Circuit. Any legal issues concerning the eligibility criteria, accommodations, sufficiency of medical documentation, etc., needs to be argued at this stage of the process, in order to be able to make the argument later that the Administrative Judge committed “legally reversible” errors in his or her Initial Decision on the case.  As with anything well-built, a solid foundation must be prepared, and in the arena of legal battles, the introduction of clear legal precedent is what establishes the foundation for a future appeal.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: Preparing for an MSPB Hearing

There is a singular focus when preparing for a Hearing at the Merit Systems Protection Board:  that of persuading and convincing an Administrative Judge that you have proven, by a preponderance of the evidence, that you are entitled to Federal Disability Retirement benefits.  Of course, as I have often pointed out in the past, the full and complete preparation for an MSPB Hearing should have come about throughout the first two stages of the process — in the initial application for Federal Disability Retirement, and in responding to the Office of Personnel Management at the Reconsideration Stage of the process.  The fact that the Office of Personnel Management denied a case twice does not mean that the Applicant or his/her attorney did anything “wrong”; rather, it merely means that the Office of Personnel Management was wrong twice over.  Beyond the singular focus upon the MSPB Administrative Judge, there must be a multiple focus before the actual day of the Hearing:  Prepare, prepare, and prepare.  That means:  Go through the Agency records with a fine-toothed comb; prepare by anticipating any cross-examination questions which OPM may have; prepare the witnesses; prepare the closing argument.  Preparation is the key to every litigation, and a Hearing before the MSPB Administrative Judge is no different.

Sincerely,

Robert R. McGill, Esquire