Federal Employee Medical Retirement: OPM and the Law

The Office of Personnel Management is the agency which determines all applications for Federal Disability Retirement, whether under FERS or CSRS (or CSRS-Offset).  In making such a determination, a standard of “objectivity” is expected by each and every Federal and Postal employee, in making such a determination.  

The Office of Personnel Management (OPM) applies a set of criteria as determined by statute and further expanded upon by the Merit Systems Protection Board and the Federal Circuit Court of Appeals.  The entirety of “the Law” which governs and guides the eligibility and entitlement to Federal Disability Retirement benefits is thus based upon a patchwork of legal holdings, statutory language, and cases and legal opinions which have “evolved” over the years.  From this patchwork of laws, one expects a “representative” from OPM to apply it fairly, objectively, and without any arbitrariness or capricious intent.  Yet, since the individuals applying “the Law” at OPM — at least at the first and second “Stages” of the process — are not themselves lawyers, how realistic is this?  

Ultimately, legal arguments in persuading OPM to approve a case are best made when they are concurrently explained — explained in their logic, their force of argumentation, and in their applicability to a given issue.  Simply declaring that “the Law” applies will not do; one must sensitively guide OPM to understand the very laws which govern their behavior.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for Federal & Postal Employees: What the Agency Can Do

It is always striking (and suspicious, of course) when an individual tells me that his or her Agency has said that they will “OK” the Federal disability retirement application.  I always remind the individual that it is not the Agency; rather, it is the Office of Personnel Management which approvals or denies an application for Federal Disability Retirement benefits under FERS or CSRS.  In many ways, the Agency attempts to assert for itself greater influence and impact than it really has.  I try and remind people all the time that a Federal Disability Retirement application is a medical retirement application — it is not an Agency retirement application; it is not a Supervisor’s disability retirement application; it is not up to the Human Resources’ Department of the Agency.  The ultimate arbiter of the entire process is the Office of Personnel Management; and the criteria for eligibility is based upon a set of statutory requirements, which must be met by a preponderance of the evidence; and the overwhelming focal emphasis concerns the medical eligibility.  Agencies are too often given too much credit for the success or failure of a Federal Disability Retirement application under FERS or CSRS.  In my view, the influence, input and power of an agency is almost always overstated.

Sincerely, Robert R. McGill, Esquire