FERS & CSRS Federal Disability Retirement from the Office of Personnel Management: Remembering What “Supportive” Means - Administrative Law Legal Blogs Posted by Robert R. McGill - Lawyers.com

FERS & CSRS Federal Disability Retirement from the Office of Personnel Management: Remembering What “Supportive” Means

Over time, one’s memory and historical perspective becomes clouded and obscured.  In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, there is obviously a long and complex history of changes, amendments and refinements to the aggregate compendium of that which constitutes the totality of "the law" governing Federal Disability Retirement benefits. Thus, since the initial inception of the enactment of statutory authority granting the U.S. Office of Personnel Management authority to approve Federal Disability Retirement benefits under CSRS (and later under FERS), there has been an evolution of statutory amendments, regulatory clarifications, case-law expansion, contraction and clarifications — the composite of which constitutes "the law" governing Federal Disability Retirement applications whether under FERS or CSRS.  Part of the evolutionary process includes what is termed "supportive" documentation or evidence, such as an Agency’s determination that the Federal or Postal employee cannot be accommodated; the Flight Surgeon’s decertification of an Air Traffic Controller’s medical clearance; a Law Enforcement agency’s conclusions that a Federal Law Enforcement Officer is unable to meet the physical requirements of his or her position; and many other agency determinations which "support" a Federal Disability Retirement application.  But "supportive" does not mean "primary", and the Federal or Postal worker must always remember that such ancillary evidence must be in addition to the primary evidence submitted in a Federal Disability Retirement application.  Don’t mistake the support evidence as replacing the essential evidentiary component of a Federal Disability Retirement application, whether under FERS or CSRS. The primary evidence must always come first — both by definition, as well as by statutory requirement. 

Sincerely, Robert R. McGill, Esquire

Over time, one’s memory and historical perspective becomes clouded and obscured.  In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, there is obviously a long 

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 Unique Writer
    Posted on May 20, 2019

         These days, writers are plentiful; more and more people are publishing, and while “self-publishing” has become more acceptable, even the quantity of people writing books, novels, narratives, biographies, autobiographical works, self-help books and allegedly adventuresome travelogues portending to unique experiences has exponentially exploded in our times. Decades ago, there were only a handful ... Read more

  • FERS OPM Medical Retirement: Advice
    Posted on May 18, 2019

         The great thing about it is that most people are willing to give it out in endless streams of inarticulate bosh for free, and the rest of us are at liberty to do with it what we want. With the advent of the Internet, and more so with the consolidation of all things ... Read more

  • FERS OPM Medical Retirement: Jobs versus careers
    Posted on May 17, 2019

         We make a distinction between the two, do we not? One merely “lands” a job, whereas we “pursue” a career, implying the arbitrary nature of the first and the delectable interest shown in the second. Yet, the bifurcation of the two is never so stark as night and day, but can often be ... 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 Unique Writer
    Posted on May 20, 2019

         These days, writers are plentiful; more and more people are publishing, and while “self-publishing” has become more acceptable, even the quantity of people writing books, novels, narratives, biographies, autobiographical works, self-help books and allegedly adventuresome travelogues portending to unique experiences has exponentially exploded in our times. Decades ago, there were only a handful ... Read more

  • FERS OPM Medical Retirement: Advice
    Posted on May 18, 2019

         The great thing about it is that most people are willing to give it out in endless streams of inarticulate bosh for free, and the rest of us are at liberty to do with it what we want. With the advent of the Internet, and more so with the consolidation of all things ... Read more

  • FERS OPM Medical Retirement: Jobs versus careers
    Posted on May 17, 2019

         We make a distinction between the two, do we not? One merely “lands” a job, whereas we “pursue” a career, implying the arbitrary nature of the first and the delectable interest shown in the second. Yet, the bifurcation of the two is never so stark as night and day, but can often be ... Read more