FERS & CSRS Disability Retirement: The Long View - Administrative Law Legal Blogs Posted by Robert R. McGill - Lawyers.com

FERS & CSRS Disability Retirement: The Long View

     What I find when individuals have attempted to file on their own, and get it rejected, is the lack of preparing for the "long view."  Many people hear stories about how "such and such" obtained a disability retirement approval for "far less than the medical conditions I have."  Fair enough.  Those stories may be true (I never engage in a discussion about the validity or truth of such stories; they are what they are — stories); nevertheless, there are multiple factors which are considered at each stage of the process of filing for disability retirement:  Who the OPM Specialist is that will be reviewing an application; the subjective application of which criteria are applied in a given case; the personal and professional differences that arise between different bureaucrats at the Office of Personnel Management (no, don’t believe in the story that there is an "objective" methodology of applying the law when reviewing each disability retirement application); and multiple other factors, including whether or not your particular disability retirement packet was reviewed by someone at the Office of Personnel Management when he or she had a "bad day".  To counter all of the multiple factors over which we don’t have any control, one must always take the "long view" — the view that it may take two denials, and end up before a Judge at the Merit Systems Protection Board.  At that point, it is important for the Judge to see how well-documented the case has been prepared; that legal arguments have already shown that OPM was unreasonable in its initial decision and its Reconsideration Denial; and how, despite additional attempts at fulfilling OPM’s requests for additional medical documentation, that OPM continued to be unreasonable.  By preparing for the "long view", a disability retirement packet not only has the best chance of getting it approved in the "short run", but also at the Merit Systems Protection Board.

Sincerely, Robert R. McGill, Esquire

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: The Growth Stopper
    Posted on April 24, 2019

         In life, inertness is considered “bad”; it is progress, the ascent of man and the constant striving towards attaining and achieving which are considered “good”. “Growth” and the incessant need to extend, expand and extoll the virtues of acquisition and accomplishment remain the medals of success; and whether we agree with such values, ... Read more

  • FERS OPM Medical Retirement: Having something to say
    Posted on April 23, 2019

         There are people who speak volumes in voluminous volubility, but of thinness of content and lacking of much substance. Then, there is that quiet person in the corner, perhaps distracted by someone’s glancing comment or lost in his own thoughts who, when asked about a topic of general interest to all in a ... Read more

  • FERS OPM Medical Retirement: Stop & Go
    Posted on April 22, 2019

         The rhythm of our daily lives is a reminder of who we are, how we live; and so the necessity of transportation — of driving a car, riding a bus, and even of a subway or the more traditional train; of how we ride for a time, then stop; then, ride again for ... Read more

Robert R. McGill

Licensed since 1988

Member at firm Robert R. McGill

AWARDS

Champion Badge Platinum

RECENT POSTS

  • FERS OPM Medical Retirement: The Growth Stopper
    Posted on April 24, 2019

         In life, inertness is considered “bad”; it is progress, the ascent of man and the constant striving towards attaining and achieving which are considered “good”. “Growth” and the incessant need to extend, expand and extoll the virtues of acquisition and accomplishment remain the medals of success; and whether we agree with such values, ... Read more

  • FERS OPM Medical Retirement: Having something to say
    Posted on April 23, 2019

         There are people who speak volumes in voluminous volubility, but of thinness of content and lacking of much substance. Then, there is that quiet person in the corner, perhaps distracted by someone’s glancing comment or lost in his own thoughts who, when asked about a topic of general interest to all in a ... Read more

  • FERS OPM Medical Retirement: Stop & Go
    Posted on April 22, 2019

         The rhythm of our daily lives is a reminder of who we are, how we live; and so the necessity of transportation — of driving a car, riding a bus, and even of a subway or the more traditional train; of how we ride for a time, then stop; then, ride again for ... Read more