Posted on August 01, 2011 in Administrative Law
In preparing, formulating and filing a Federal Disability Retirement application with the Office of Personnel Management, it is important to recite, note, identify and apply "the law" at each stage of the process, if not for the present, then always in preparation for the future. No one likes to think of his or her Federal Disability Retirement application as potentially being capable of being denied at any of the multiple levels of the administrative process; everyone believes that his or her Federal Disability Retirement application is a "sure thing", a "slam dunk", a certainty beyond question. The latter is a natural belief, born from a subjective experience of one who personally and immediately suffers from the very medical condition which one is complaining about. The former acknowledgement — of understanding the potential for a denial either from the Office of Personnel Management or from the Merit Systems Protection Board, or the U.S. Circuit Court of Appeals for the Federal Circuit — is an unavoidable reality to be confronted. To acknowledge reality is a mechanism of survival; to deny a potential future event is to avoid a reasonable occurrence which, if not recognized, can have unintended consequences which can result in greater devastating residual effects if not properly prepared for. Indeed, one should reasonably expect that, with a lower-level "preponderance of the evidence" standard of proof, that if properly and carefully prepared and formulated, that one’s Federal Disability Retirement application will be approved at some point in the process. One has many opportunities — the Initial Application Stage at OPM; the Reconsideration Stage at the Office of Personnel Management; an appeal and a Hearing before an Administrative Judge at the Merit Systems Protection Board; a Petition for Full Review at the Merit Systems Protection Board; and an appeal to the U.S. Court of Appeals for the Federal Circuit. Each stage is independent, yet co-dependent and interdependent. Each stage must be meticulously prepared for its own merits, yet the groundwork set for the next stage. Each stage is the crucial stage to win; yet, to cite legal precedents for an appeal to the next. Never underestimate the potential for a denial; for to underestimate is merely to ask for that which one is unprepared for.
Sincerely, Robert R. McGill, Esquire
In preparing, formulating and filing a Federal Disability Retirement application with the Office of Personnel Management, it is important to recite, note, identify and apply "the law" at each stage of the process, if not for the present, then always