Posted on May 05, 2011 in Administrative Law
In meeting the eligibility criteria for Federal Disability Retirement benefits under FERS or CSRS, one must obtain the proper medical documentation, meeting a "preponderance of the evidence" burden of proof, such that it is more likely than not that you are entitled to Federal Disability Retirement benefits under FERS or CSRS. Whether a medical report and supporting documentation satisfies the eligibility criteria is based upon the subjective interpretation of the evidence presented. By "subjective" is meant the following: The reviewing Claims Representative at the Office of Personnel Management, while allegedly applying a 7-part legal criteria in making a determination of eligibility for each FERS or CSRS Federal Disability Retirement application, must nevertheless make an interpretive determination based upon the sufficiency of the medical evidence, and taking into account all other evidence. Indeed, often the interpretation of the statutory meaning which governs all Federal Disability Retirement applications is misunderstood and misinterpreted by OPM. That being the case, how can one expect that OPM will "get it right" when reviewing and interpreting complex medical documentation? For example, OPM will often cite as necessary that the medical evidence was not "compelling" enough; or, that the medical evidence presented did not show that it warranted the applicant’s "total exclusion from the workplace" — despite the fact that neither of these standards are required by law. The sufficiency of the medical documentation is the linchpin of a Federal Disability Retirement application. As such, it must be prepared by the treating doctor by pulling together a compendium of multiple factors. While it need not be compelling, one thing is for certain: quantity versus quality will not meet the sufficiency test, and it is always better to have one excellent medical report, than numerous mediocre ones.
Sincerely, Robert R. McGill, Esquire
In meeting the eligibility criteria for Federal Disability Retirement benefits under FERS or CSRS, one must obtain the proper medical documentation, meeting a "preponderance of the evidence" burden of proof, such that it is more likely