FERS & CSRS Federal Disability Retirement from the Office of Personnel Management: Quantifying Quality & Qualitative Quantity - Administrative Law Legal Blogs Posted by Robert R. McGill - Lawyers.com

FERS & CSRS Federal Disability Retirement from the Office of Personnel Management: Quantifying Quality & Qualitative Quantity

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 important to make discretionary decisions concerning multiple aspects of a Federal Disability Retirement application — including the volume, extent, nature, and quality of the medical documentation to be submitted.  Because it is the Applicant (the Federal or Postal employee who is submitting the application) who has the "burden of proof" — that burden which states that by a preponderance of the evidence, one’s Federal Disability Retirement application is more likely to be so than not so — it is therefore up to the Applicant to make determinations as to the quality and quantity of the medical documentation and any other relevant attachments.  Qualitative sufficiency is often a difficult measure to determine; quantitative significance is equally difficult — as in, how much is enough? On the one hand, to submit a thousand pages of medical notes, reports, etc., would probably be "too much".  But a case which only includes 5 pages of medical reports and notes, while seemingly "too little", can be more than sufficient if the quality of the records and reports is indisputable and irrefutable in determining that a Federal or Postal employee is no longer able to perform one or more of the essential elements of one’s job. Ultimately, the discretionary decision will come down to a matter of experience — for it is based upon prior experience that one can make better decisions for the future.  To that extent, to be inrepresented in attempting to obtain Federal Disability Retirement benefits is obviously a disadvantage, because an unexperienced Applicant is merely entering into the arena of Federal Disability Retirement law based upon a "hit or miss" history of inexperience.

Sincerely, Robert R. McGill, Esquire

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 important to make discretionary decisions concerning multiple aspects

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: Lost Causes
    Posted on August 17, 2019

         It is that famous line from the 1939 movie, “Mr. Smith Goes to Washington” which is evoked by the phrase, “Lost Causes” — of the near-defeated Senator Smith who reminds his father’s old friend that once upon a time, even he had believed that such were the only ones worth fighting for. It ... Read more

  • FERS OPM Medical Retirement: Implicit and Explicit
    Posted on August 16, 2019

         Say a person is playing golf, hits the ball badly and yells out loudly, “Fore!” In his mind, however, the individual has the word spelled wrongly — say, as “Four” or “For”, or any number of alternative ways. When first heard, he had thought that it was spelled in the commonplace, conventional way. ... Read more

  • FERS OPM Medical Retirement: The Stress Test
    Posted on August 15, 2019

         It is meant to determine the vulnerability of structural foundations, or to gauge whether, under certain extreme circumstances, it will withstand catastrophic levels of pressure for safety and soundness. Distress triggers the ultimate test; and whether a breaking point can be established is always a fear — of how low or high, and ... Read more

Robert R. McGill

Licensed since 1988

Member at firm Robert R. McGill

AWARDS

Champion Badge Platinum

RECENT POSTS

  • FERS OPM Medical Retirement: Lost Causes
    Posted on August 17, 2019

         It is that famous line from the 1939 movie, “Mr. Smith Goes to Washington” which is evoked by the phrase, “Lost Causes” — of the near-defeated Senator Smith who reminds his father’s old friend that once upon a time, even he had believed that such were the only ones worth fighting for. It ... Read more

  • FERS OPM Medical Retirement: Implicit and Explicit
    Posted on August 16, 2019

         Say a person is playing golf, hits the ball badly and yells out loudly, “Fore!” In his mind, however, the individual has the word spelled wrongly — say, as “Four” or “For”, or any number of alternative ways. When first heard, he had thought that it was spelled in the commonplace, conventional way. ... Read more

  • FERS OPM Medical Retirement: The Stress Test
    Posted on August 15, 2019

         It is meant to determine the vulnerability of structural foundations, or to gauge whether, under certain extreme circumstances, it will withstand catastrophic levels of pressure for safety and soundness. Distress triggers the ultimate test; and whether a breaking point can be established is always a fear — of how low or high, and ... Read more