Posted on April 27, 2010 in Administrative Law
I have represented more people at the Reconsideration Stage of the Federal Disability Retirement process for FERS & CSRS employees, of Federal and Postal employees who filed the initial application on his or her own because it was thought that it was a "slam dunk" case. That is the problem with the slam dunk case — either the individual thinks that the medical evidence is so overwhelming that little or no effort needs to be expended in order to obtain an approval from the Office of Personnel Management, or if some minimal effort is engaged in, then the problem must be that the people over at the Office of Personnel Management either did not understand the seriousness of the medical conditions, or they misread X or Y, or some other such reason. The real problem is that there are few, if any, slam dunk cases. Inasmuch as the applicant who is filing for Federal Disability Retirement benefits personally feels the pain, discomfort, and debilitating nature of the medical condition from which he or she suffers, therefore it is often (wrongly) assumed that the same feelings can be imparted upon the person reviewing the Federal Disability Retirement application. One must always keep in mind, however, that a Federal Disability Retirement application under FERS or CSRS is a paper presentation. As such, the effort of compiling, arguing, persuading and explaining must always be engaged in. There are no such cases as slam dunk cases. If there are, I haven’t recently come across one.
Sincerely, Robert R. McGill, Esquire
I have represented more people at the Reconsideration Stage of the Federal Disability Retirement process for FERS & CSRS employees, of Federal and Postal employees who filed the initial application on his or her own because it was thou