Every missed opportunity lessens the chances for a successful outcome, and when you are dealing with the U.S. Office of Personnel Management under the FERS system, and specifically when attempting to obtain a Federal Disability Retirement from them, you must take every opportunity to reinforce and take advantage of each chance given.
At every turn when OPM requests further information, such communication provides an opportunity to cite a legal precedent in characterizing the strength of your position or to reiterate the legal basis as to why your case merits further consideration beyond the “run of the mill” cases.
Can you argue the Bruner Presumption even if you have not been separated from Federal Service? Can you make an argument by analogy? Can you argue the “inconsistency” argument as propounded in Henderson v, OPM, or the 4-part test in Bracey?
By making such arguments at every opportunity presented, you enhance your chances for successfully being approved for Federal Disability Retirement benefits. For, in the end, all roads in a Federal Disability Retirement case lead to an appeal with an Administrative Judge at the U.S, Merit Systems Protection Board (MSPB), and OPM is fully aware of this plain fact.
Because OPM knows that successive denials of a FERS Disability Retirement case will ultimately lead to an appeal to the MSPB, citing relevant case laws at every opportunity presented will enhance your chance for success.
Contact a disability lawyer who specializes in Federal Disability Retirement Law, and begin to enhance your chances for success in obtaining an approval for your FERS Disability Retirement application.
Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.