FERS & CSRS Federal Disability Retirement from the Office of Personnel Management: Proof, Assertion, and the Conceptual Distinction - Administrative Law Legal Blogs Posted by Robert R. McGill - Lawyers.com

FERS & CSRS Federal Disability Retirement from the Office of Personnel Management: Proof, Assertion, and the Conceptual Distinction

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is necessary — first and foremost — to understand that the benefit of Federal Disability Retirement is not an "entitlement" under any definition of the word; there is no automatic triggering mechanism by which a Federal or Postal employee becomes a Federal Disability Annuitant, unless one proves, by a preponderance of the evidence, that one has met all of the eligibility requirements necessary to obtain the benefit.  Further, while the standard of proof established by statute is a relatively low one in comparison to others (i.e., "preponderance of the evidence" merely requires that the truth of X is more likely than not, as opposed to other, more onerous standard of proof, such as "beyond a reasonable doubt" or "clear and convincing", etc.), nevertheless, the mere assertion of a statement of facts will not qualify the Federal or Postal employee for Federal Disability Retirement benefits.  A standard — or "burden of proof" — means exactly that:   One must prove it, and proof requires more than the mere assertion that X is so. Specifically, in a Federal Disability Retirement application, one must prove that one is medically unable to perform one or more of the essential elements of one’s Federal or Postal position, and in order to meet that burden, medical documentation of a sufficient and persuasive nature must be submitted along with a Federal Disability Retirement application, which includes many Standard governmental forms.  Knowing and recognizing the conceptual distinction between asserting X and proving X is an important first step in preparing, formulating, and successfully filing for Federal Disability Retirement benefits.

Sincerely, Robert R. McGill, Esquire

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Licensed since 1988

Member at firm Robert R. McGill

AWARDS

Champion Badge Platinum

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