Posted on December 14, 2008 in Administrative Law
Christmas is upcoming. The Office of Personnel Management, along with many other Federal Agencies, is beginning to "shut down" for the Holiday Season. OPM will be making many decisions concerning pending disability retirement applications. For those who receive a denial, obviously a negative decision coming during the Holidays is unwelcoming news; for those who receive an approval, the reaction is normally that it is great news and a needed Christmas present. But a negative decision — a denial from OPM — needs to be put into its proper perspective. Yes, it is an unfortunate bit of news coming at a bad time; but those who file for disability retirement benefits, must always look upon the process as one involving 4 steps: The initial application step; if denied, the Reconsideration step; if denied a second time, an appeal to the Merit Systems Protection Board; if denied by the Administrative Judge at the MSPB, an appeal to the full Board via a Petition for Review (PFR) — and even a fifth step, to the Federal Circuit Court. Remember, Disability Retirement is a "process"; the fact that it coincides with the Holiday Season does not change the long process which it involves.
Sincerely, Robert R. McGill, Esquire