Posted on March 28, 2011 in Administrative Law
The decision-making process in filing a Federal Disability Retirement application under FERS or CSRS is placed into the hands of an administrative agency known as "The Office of Personnel Management". OPM, as the acronym which the agency is known by, is the administrative bureaucracy which makes a determination on each individual Federal Disability Retirement application, after reviewing the submitted medical records, Statement of Disability as formulated and presented by the Applicant and his or her Attorney; the Supervisor’s Statement; The Agency’s Efforts for Reassignment and Accommodation — in other words, the full compendium of the evidence, based upon a legal standard which is low on the totem pole of legal standards — that of "Preponderance of the Evidence". It is helpful to understand that the Office of Personnel Management is merely following the statutory procedures as created and mandated by law: OPM, as the first-line administrative agency, must make an initial determination on a Federal Disability Retirement application under FERS or CSRS, not because they want to, desire to, like to, etc. — but because they are the designated entity set up to do so. They have the "authority" under statutory mandate to make a determination of eligibility at the "First Stage" of the process, as well as at the "Second Stage" (the stage often known as the "Reconsideration Stage") of the process. As an inverse matter, however, the individual Federal or Postal applicant has the "right" to dispute any negative determination made by the Office of Personnel Management at either of the first two stages of the process. It is important to distinguish between the conceptual differences and distinctions between "Authority", "Rights", and the use of the term "right" as in "right or wrong". OPM has the authority to make an eligibility determination on a Federal Disability Retirement application because they are statutorily mandated to do so; the individual Federal or Postal employee has the right to appeal such a decision; the fact that OPM may have the right to deny a Federal Disability Retirement application under FERS or CSRS does not mean that they are "right" in doing so; they merely have a statutory authority, and nothing more.
Sincerely, Robert R. McGill, Esquire
The decision-making process in filing a Federal Disability Retirement application under FERS or CSRS is placed into the hands of an administrative agency known as "The Office of Personnel Management".