Federal and Postal Disability Retirement under FERS & CSRS: Logical Argumentation - Administrative Law Legal Blogs Posted by Robert R. McGill - Lawyers.com

Federal and Postal Disability Retirement under FERS & CSRS: Logical Argumentation

Reading a denial of a Federal Disability Retirement application under FERS or CSRS from the Office of Personnel Management is often a fascinating exercise in attempting to imply, infer, "read between the lines", assume and presume what the basis of the denial is/are.  Just as gathering a 6-inch thick set of medical records and attaching them to a Federal Disability Retirement application does not constitute a logical, persuasive argument that you are entitled to Federal Disability Retirement benefits, conversely, referring to submitted medical documentation and acknowledging their existence, then concluding:  You have not submitted sufficient medical documentation to be eligible for Federal Disability Retirement benefits — does not constitute a sufficiently informative denial.  As the applicant must meet the legal criteria, the Office of Personnel Management has a duty and obligation to review it fairly, evaluate it objectively, and apply the laws and legal criteria.  If OPM decides that the application does not meet the legal criteria, then OPM has an obligation to provide a sufficient explanation that is clear, cogent, and logically persuasive.  Anything less would not meet the statutory obligation that OPM is under.

Sincerely, Robert R. McGill, Esquire

Reading a denial of a Federal Disability Retirement application under FERS or CSRS from the Office of Personnel Management is often a fascinating exercise in attempting to imply, infer, "read between the lines", assume and presume what the basis of the denial is/are. 

View Attorney Profile

Robert R. McGill

Licensed since 1988

Member at firm Robert R. McGill

AWARDS

Champion Badge Platinum

RECENT POSTS

  • FERS OPM Medical Retirement: Lost Causes
    Posted on August 17, 2019

         It is that famous line from the 1939 movie, “Mr. Smith Goes to Washington” which is evoked by the phrase, “Lost Causes” — of the near-defeated Senator Smith who reminds his father’s old friend that once upon a time, even he had believed that such were the only ones worth fighting for. It ... Read more

  • FERS OPM Medical Retirement: Implicit and Explicit
    Posted on August 16, 2019

         Say a person is playing golf, hits the ball badly and yells out loudly, “Fore!” In his mind, however, the individual has the word spelled wrongly — say, as “Four” or “For”, or any number of alternative ways. When first heard, he had thought that it was spelled in the commonplace, conventional way. ... Read more

  • FERS OPM Medical Retirement: The Stress Test
    Posted on August 15, 2019

         It is meant to determine the vulnerability of structural foundations, or to gauge whether, under certain extreme circumstances, it will withstand catastrophic levels of pressure for safety and soundness. Distress triggers the ultimate test; and whether a breaking point can be established is always a fear — of how low or high, and ... Read more

Robert R. McGill

Licensed since 1988

Member at firm Robert R. McGill

AWARDS

Champion Badge Platinum

RECENT POSTS

  • FERS OPM Medical Retirement: Lost Causes
    Posted on August 17, 2019

         It is that famous line from the 1939 movie, “Mr. Smith Goes to Washington” which is evoked by the phrase, “Lost Causes” — of the near-defeated Senator Smith who reminds his father’s old friend that once upon a time, even he had believed that such were the only ones worth fighting for. It ... Read more

  • FERS OPM Medical Retirement: Implicit and Explicit
    Posted on August 16, 2019

         Say a person is playing golf, hits the ball badly and yells out loudly, “Fore!” In his mind, however, the individual has the word spelled wrongly — say, as “Four” or “For”, or any number of alternative ways. When first heard, he had thought that it was spelled in the commonplace, conventional way. ... Read more

  • FERS OPM Medical Retirement: The Stress Test
    Posted on August 15, 2019

         It is meant to determine the vulnerability of structural foundations, or to gauge whether, under certain extreme circumstances, it will withstand catastrophic levels of pressure for safety and soundness. Distress triggers the ultimate test; and whether a breaking point can be established is always a fear — of how low or high, and ... Read more