OPM FERS/CSRS Disability Retirement: Approaching a Reconsideration

The proverbial definition of insanity is to engage in the same repetitive activity with the expectation of receiving a different result.  While such a definition may not provide a clinically accurate or legally acceptable formulation, it does implicate the chaotic character and the futile act of responding in a particularly fruitless manner.

For Federal and Postal employees who have attempted to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS, and have received an initial denial, the process of having OPM reconsider one’s case must be approached in a 2-tier manner:  First, one must meet the “deadline” of filing for Reconsideration with OPM within thirty (30) days of the denial, or upon receipt of the denial (although, to be on the safe side, it is best to use the former date as opposed to the latter);  next, with the box checked to indicate submission of additional medical documentation, to then gather, prepare, compile and submit additional medical evidence within thirty (30) days thereafter, unless a further extension is needed and requested.

However, one should also understand that in an OPM Reconsideration case, it will not be the same Case Worker who will review the case, but it will be reviewed thoroughly by someone else as if it had never been previously reviewed. As such, there is the confounding conundrum of a dual anomaly: The First Case Worker who issued the denial based the denial upon certain specific points; yet, what the First Case Worker denied the case upon, may have no bearing upon what the Second, Reconsideration Case Worker will evaluate the case upon.

What does one do? Whatever one’s answer is to this complex conundrum, do not engage in the proverbial act of insanity; better to get some legal guidance than to spin one’s wheels in an insane world of futility.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: The Chance of Winning

To characterize the filing of a Federal Disability Retirement application under FERS or CSRS, from the U.S. Office of Personnel Management, in terms of the percentage chances of “winning” is a natural occurrence.  While not strictly or metaphorically similar to a sports event, or a duel or challenge between two opponents, nevertheless, to obtain an approval is considered a “win” and to be denied throughout the entire administrative process is considered a “loss”.

Thus, attorneys also view their careers in such terms — of placing each case either in the “win” column, or its only polar opposite, the “loss” column.  This is a competitive society; one in which most things are characterized in such a way, and to bemoan the reality of viewing it that way would be a waste of energy, time and focus.

To win, then, is the ultimate goal (obviously), and therefore one must attempt to quantitatively increase one’s chances that the Federal or Postal employee will “win” a Federal Disability Retirement application under FERS or CSRS.  Yet, the approach and methodology of too many Federal and Postal employees who prepare, formulate and compile his or her OPM Disability Retirement application, reflects the very opposite approach.  To “win”, as in every other competitive arena of life, requires preparation, planning and purposeful strategies.

For a Federal Disability Retirement application, it requires proper and effective medical documentation; a narrative stated in “connecting the dots“; and a readiness to reply to the legal challenges which are likely to be forthcoming.  If the Federal or Postal employee is going to characterize a OPM Disability Retirement application in terms of being a competitive activity, then it needs to be approached as such.

Sincerely,

Robert R. McGill, Esquire