Federal Disability Retirement: The MSPB & the Window of Opportunity - Administrative Law Legal Blogs Posted by Robert R. McGill - Lawyers.com

Federal Disability Retirement: The MSPB & the Window of Opportunity

At the Merit Systems Protection Board, there are multiple critical points of opportunity in which to convince, persuade and otherwise have a discussion with the Office of Personnel Management (OPM) to reverse their earlier denial of a Federal Disability Retirement application. Remember, however, that this is the arena and playground of lawyers.  While an applicant who has meandered through the intricate administrative process of preparing, formulating and filing for Federal Disability Retirement benefits from the Office of Personnel Management, can certainly survive the administrative procedures as circumscribed by the Merit Systems Protection Board, it is a good idea to have legal representation– obviously, from the very beginning; if not, then to represent one’s interests in rebutting an initial denial at the Reconsideration Stage; if not (again), then to have proper representation before the Merit Systems Protection Board (MSPB). Whether at a Preliminary Conference to discuss the forthcoming issues, or at a Prehearing Conference — or, in preparing and filing a Prehearing Statement as ordered by the Administrative Judge at the MSPB — opportunities arise for the Federal or Postal worker to submit additional medical evidence which can potentially persuade OPM’s representative to reverse the two previous decisions of denial.  Such opportunities must be carefully embraced.  Yet, often, a Federal or Postal employee who is unrepresented at the MSPB is unaware of the opportunities which arise, at which points, in what circumstances, and the Administrative Judge is bound by duty and position to remain neutral.  Then, of course, there is the Hearing at the MSPB, in the event that OPM does not reverse.  Whatever the circumstances of the Federal or Postal employee who is or will be filing for Federal Disability Retirement benefits under FERS or CSRS, an advocate to represent the Federal or Postal employee’s interests is paramount. Don’t "go it alone"; for, to do so will often only lengthen the process.

Sincerely, Robert R. McGill, Esquire

At the Merit Systems Protection Board, there are multiple critical points of opportunity in which to convince, persuade and otherwise have a discussion with the Office of Personnel Management (OPM) to reverse their earlier denial

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Robert R. McGill

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Robert R. McGill

Licensed since 1988

Member at firm Robert R. McGill

AWARDS

Champion Badge Platinum

RECENT POSTS

  • FERS OPM Medical Retirement: Hope for Hope
    Posted on June 26, 2019

         There is hope; then, there is hoping for hope. Hope alone is the ability to see the distance between Point-A and Destination-B; Hope for hope is the capacity to picture in one’s mind that one may be able to view that distance between A and B. Few of us are in the former ... Read more

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         It is the more difficult thing to do. We tend to embrace and keep those things and are unable to let it go; of slights that scar us or reputations that were once stellar; and though the changes that force one to consider moving on are reasonable and rationally-based, there is something in ... Read more

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