In the process of applying for Federal Disability retirement under FERS or CSRS, it is the “hope and wish” of each applicant that it will smoothly sail through at the initial stage of the application. However, the reality of the process is that a certain percentage of applications get denied at the initial stage (Stage 1 of the process). It is both discouraging and befuddling to receive a letter from the Office of Personnel Management informing you that your disability retirement application has been “denied”.
You are now required to Request Reconsideration of your case within thirty (30) days of the date of denial, and you must submit additional medical evidence or other supporting documentation within 30 days of requesting such reconsideration (Stage II of the process). It is, indeed, a time of disappointment to receive a denial. It is all the more so when it is unclear as to the basis for the denial. Often, a denial letter will refer to the medical evidence without much commentary beyond acknowledging the submission of a medical report, then in the last paragraph, simply make a declarative statement that the medical evidence submitted “was insufficient” to show that you are disabled. Or, more often than not, the OPM Benefits Specialist will actually mis-state the law by claiming that you have “not shown that you are so disabled as to keep you from the workplace” (no such legal standard is required under disability retirement rules, regulations or case-law).
Whatever the reasons given, it is both discouraging and disheartening to receive a denial letter from OPM. However, it is important to calmly, systematically, and with pinpoint focus reply to the letter of denial — even if it doesn’t seem to make any sense. This is done most effectively by using all of the tools required in persuading eligibility and entitlement to disability retirement benefits: the law; the medical report; the medical records; rational and legal arguments –in short, the “nexus” needed to win.
Sincerely,
Robert R. McGill, Esquire
Filed under: OPM Disability Process, OPM Disability Process - 2nd Stage: OPM Reconsideration Stage, When the OPM Application Is Denied | Tagged: applying for federal disability, cases where opm disability specialists try to create case laws, civil service disability, disability retirement at the USPS, federal disability law, focusing on the substantive issues of an opm denial letter, how long do I have to appeal an opm disability denial?, how to handle the reconsideration stage, if your initial disability application was denied by the opm, Initial Stage of the OPM disability process, insufficient medical documentation for OPM disability, legal & foundational argument, medical evidence, meeting an appeal deadline, nexus between medical disability and job performance, OPM disability application tips, OPM Disability Specialist, OPM First Stage Disability Application, OPM Reconsideration Stage, OPM's methodology, pragmatic methodology, Second Step OPM Appeal, statutory requirements in OPM disability law, the dreaded denial letter, the opm benefits specialist, the opm disability process does not end with denial letter, time limit to appeal an OPM decision, time limit to appeal an OPM disability denial, when the opm claims you are not "severely" disabled, when the opm disability specialist misstates laws | 1 Comment »
