Posted on January 31, 2012 in Administrative Law
Mistakes made in preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS, from the U.S. Office of Personnel Management, are usually correctable, and for a number of reasons: most mistakes merely require additional clarifications; some "mistakes" are only apparently so, but substantively valid otherwise; and ancillary mistakes of an innocuous nature can reflect the inconsistencies of reality, as opposed to a direct contradiction between two or more persons. While blinders cannot be placed upon the Case Worker at the Office of Personnel Management once a Federal Disability Retirement application has been submitted, nor does it usually require such drastic measures. The question to be asked, of course, is whether or not the alleged "mistake" should be addressed, to what extent, and how prominently? For, the old Shakespearean adage that "thou protesteth too much" can apply in a Federal Disability Retirement application, where too much emphasis upon a particular issue can unduly magnify the issue itself, as opposed to dealing with the issue in a passing manner. Thus, a statement made in the Applicant’s Statement of Disability, or by a treating doctor, which indicates an undermining of meeting the legal criteria of eligibility in a Federal Disability Retirement application, should probably be addressed. A direct statement made in a Supervisor’s Statement may or may not be relevant. Often, such statements are merely opinions meant to undermine a Federal Disability Retirement application, but whether it is worth addressing is a discretionary issue. The real issue concerning discrepancies or mistakes have to do with who is making it into a loud noise; and the one who makes the loudest noise, is often the one who attracts the greatest attention.
Sincerely, Robert R. McGill, Esquire
Mistakes made in preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS, from the U.S. Office of Personnel Management, are usually correctable, and for a number of reasons: most mistakes merely