In a denial letter from the Office of Personnel Management, the Claims Specialist/Representative will often make statements in confident, unequivocal terms. “You have not…” “The medical evidence fails to show…” “Your doctor never…” “The law requires that you…” Such a voice of unequivocal confidence often leaves the impression that there is no room for argument; that the case is lost; that there really is no point in even attempting to argue with the Office of Personnel Management. Nothing could be further from the truth.
Merely because an individual makes statements in an unequivocal manner, is not a basis for determining the truth or falsity of his or her argument. In a Federal Disability Retirement application under FERS or CSRS, there is almost always room for disagreement. We are speaking about interpretation of medical documents, the significance of what is said, etc. We are talking about the different and proper application of the OPM Disability law, and the multitude of case-law which would be applicable. Don’t let the voice of a statement fool you as to the validity of the statement. In a Federal Disability Retirement case, the Office of Personnel Management is rarely right; they just like to sound like they are.
Robert R. McGill, Esquire