Tag Archives: the federal disability process: an administrative procedure only in theory

CSRS & FERS Medical Disability Retirement: The Only Real Standard

In legal parlance, there are various and multitudinous “standards” — of proof; of evidence; of law, etc.  Some have higher, more stringent requirements; others are considered fairly de minimis, and can be satisfied with sufficiently targeted evidence.  All, however, share a common thread — that of persuading the trier of facts.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the standard of proof to be applied is one of “preponderance of the evidence”, which is considered a fairly low standard.  However, the only real standard of proof in any case — whether in administrative law, such as Federal Disability Retirement, or in civil litigation, criminal court, etc. — is one of pragmatic reality:  whoever hears the case, it is necessary to persuade the decision-maker.

Obviously, there is a distinction between an onerous standard, such as “beyond a reasonable doubt”, in comparison with a lower standard of proof such as “preponderance of the evidence”.  Whether, if and when, one has met a standard of proof, is not based upon a scientific calculus, and indeed, that is precisely why in closing arguments, an attorney will repeatedly argue that one has met the X-standard of proof, and these Y-reasons are why.

Theoretically, persuasive argumentation is not necessary if the facts themselves prove the argument.  In reality, however, it is the argument which brings the facts together into a coherent whole, and presents them to the viewer within a context and a specific perspective, such that the viewer or recipient of such information and facts can make a logical connection between a disparate conglomeration of facts, and reaches a conclusion that yes, the purpose for providing such facts has met its goal, etc. The key is to argue without seeming to argue.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important to understand this point of pragmatism:  One can get lost in the morass of legal parlance, and worry excessively about meeting the legal requirements; in the end, it all comes down to presenting an effective, persuasive Federal Disability Retirement packet, such that one receives a letter of approval from the Office of Personnel Management.


Robert R. McGill, Esquire

OPM Disability Retirement for Federal and Postal Employees: Administrative v. Adversarial

That is often the line of argument:  Since it is an “administrative process”, it is not adversarial.  This presumes quite a bit — such as, the term “adversarial” is constrained to applying only in such cases where a trial, a courtroom, and witnesses exist.  But if that is the case, then doesn’t that occur in a Hearing before the Merit Systems Protection Board? But that, too, is an “Administrative Process.” 

Such an argument, of course, is often used by Human Resources personnel to attempt to dissuade Federal and Postal workers of the necessity of retaining an attorney to file for Federal Disability Retirement benefits under FERS or CSRS.  Yet, further presumptions & assumptions would have to be made if one were to accept the argument that an “administrative process” is “non-adversarial”, such as:  the personnel who review and evaluate Federal Disability Retirement applications are “objective” and have no interest in approving or disapproving a case (this assumes that having or not having an interest in X makes the process “non-adversarial); or, that the Office of Personnel Management is merely applying the law in reviewing a Federal Disability Retirement application (this presumes that such application of the law is performed and accomplished correctly).  The concept of determining that a process is “administrative” does not exclude the reality that the same process is also “adversarial“; the two concepts are not mutually exclusive, and is not defined only within a universe where there are two or more contrary or opposing interests involved. 


Robert R. McGill, Esquire