FERS & CSRS Disability Retirement for Federal and USPS Workers: New Faces

Old timers will often smirk cynically and observe:  Time will cure them of such a naive perspective.  Or, to paraphrase a famous line from a well-know Christmas movie, Youth is wasted on the young (hint:  the scene were Jimmy Stewart is throwing a rock at the old abandoned house).  Youth and inexperience are often accompanied by enthusiasm and a fresh perspective. Lack of knowledge is compensated — some would say “overcompensated” — by an eagerness which sees no boundaries or obstacles.

There are clearly some new hires at the U.S. Office of Personnel Management as of this date, and their unique approach in viewing and evaluating a Federal Disability Retirement application, whether under FERS or CSRS, must be contended with.

The fundamental problem with newcomers is not that they don’t know what they are doing; rather, it is often the converse — they think they do know what they are doing, and when girded by a list of criteria which is applied in an inflexible fashion, one often gets blinded by the confusion of the forest while having a myopic view of an individual tree.  The great equalizer in countering lack of knowledge, fortunately, is the law itself; and while a list of applicable criteria provided to a fresh face may well assist the OPM employee to evaluate a claim, it can never replace the necessity of knowing the law.

For anyone filing a Federal Disability Retirement application with the U.S. Office of Personnel Management, now constitutes the time to employ all of the tools which the compendium of cases decided, and statutes reinforced, accord in arguing one’s case.  Time will certainly tell, but for the present, it is advisable to dot all I’s and cross each T, carefully and with great scrutiny.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: The Second Denial

The Second Denial — a denial from the Office of Personnel Management of a Federal Disability Retirement application under FERS or CSRS — often fails to annotate or delineate an extensive basis for the denial, but simply reiterates that they believe the original decision was correct based upon a re-review of the application.  

It means nothing more than that another Claims Representative in a separate “branch” of the same Agency decided to support the original Claims Representative in denying the application.  No greater validity is obtained merely because two different people looked at the application, as well as any additional medical or other supporting documentation, and came to the same conclusion.  Two people can be wrong about the same issue, and indeed, OPM is normally wrong about issues concerning Federal Disability Retirement applications, precisely because many OPM Representatives (if not most) do not keep up with the Court opinions and evolving case laws rendered by the Merit Systems Protection Board and the Federal Circuit Court of Appeals cases.  Moreover, most Claims Representatives at OPM support their fellow Claims Representative.  

A disabled Federal employee or an injured Postal worker should not become discouraged merely because a Second Denial has been issued.  Being wrong twice does not translate into a right decision.  This is not mathematics, where two negatives result in a positive conclusion.  It is merely the next “step” in the process of obtaining a Federal Disability Retirement approval under either FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire