Category Archives: The Office of Personnel Management

Preempting OPM’s Arguments

It is important at all stages of a FERS Disability Retirement application for Federal employees to predict, anticipate, and preempt the arguments which the Office of Personnel Management may make, will make, and can be expected to make.  Obviously, the three main areas of such concern are: Sufficiency of medical documentation; Agency efforts for accommodation and reassignment; the impact and interconnection between one’s medical condition(s) and the positional duties of one’s job.

However, there are multiple other areas, and it is the job of an applicant filing for Federal Disability Retirement benefits, or his/her attorney, to anticipate the areas of OPM’s concerns, and to address them both factually and legally — the latter, by pointing out statutory authorities and case-law holdings directly or implicitly touching upon those very areas of concern.  Further, one should never be fooled if, in an initial denial of a FERS Disability Retirement application, the substance of a denial is fairly short or if it is detailed and lengthy; the content of a denial letter should not determine the extent of a response by an applicant at the Reconsideration Stage.

Instead, whether short, of “middle length”, or extremely detailed, a response should anticipate all areas of concern, and the applicant who is attempting to secure an approval for his or her Federal Disability Retirement benefits should always preempt any potential areas for a further denial.

Sincerely,

Robert R. McGill, Esquire
FERS Disability Retirement Lawyer

Federal Disability Retirement laws and rules are constantly changing and evolving. This is one of the reasons why we can’t guarantee the accuracy of the information found here.  Some of these legal articles might have been previously published in other websites such as the Federal Disability Attorney blog or the Federal Disability Lawyer website.  If you have questions about these articles and need to have an expert opinion about your chances of getting an early retirement due to your medical conditions, please contact the author for a free and confidential evaluation of your current situation.

The Unresponsive Agency

The complaints abound; the U.S. Office of Personnel Management (OPM) is still way behind on its evaluation, review and decision-making process for all characters of retirements, disability retirements included. And now with all of the pressure to become more “efficient” under this current Administration, I am receiving reports from multiple sources that OPM is denying more and more FERS Disability Retirement applications.

It is a given that filing for Federal or Postal Disability Retirement with the U.S. Office of Personnel Management, must necessarily have an expectation of a time-consuming administrative process, precisely because of the encounter with a Federal bureaucracy.

At each step of the way, OPM has become more and more unresponsive, and with new cases coming in, the length of time at every stage, and “between” stages, has been extended. The process itself contains inherent milestones of delay: from filing the entire disability retirement application to a facility in Boyers, Pennsylvania, which merely annotates the receipt of the case and inputs the case into the computer system; to thereafter sending the disability retirement application, with all of its evidentiary submissions and attachments down to Washington, D.C., where it must first await assignment to a caseworker; then, upon assignment, for the caseworker to even get to the applicant’s submission for review and evaluation. Then, of course, there is the possibility that the entire packet will be selected to be sent out for review by a contract doctor.

The delays are beyond the control of the applicant, his or her FERS Disability Retirement attorney, or the Federal agency for whom the applicant worked. It is, ultimately, an administrative process which can be tedious, time-consuming, and fraught with delays and extended periods of silence.

Patience may well be a virtue, but the unresponsive manner in which the U.S. Office of Personnel Management has handled the delays, fails to engender much confidence in a system which should be most responsive to those in greater need.

Sincerely,

Robert R. McGill, Esquire
Federal Disability Retirement Lawyer

Any articles viewed on this blog are intended to provide information only and are not intended to be legal advice.  As laws are always in a state of change, we can’t guarantee the accuracy of the information.  For current updates of laws, rules, the current proposal for the elimination or replacing of the Office of Personnel Management, and to get a personalized assessment of your individual disability claim, please contact the author for a free first-time consultation.

How Important is the SF 3112B Form?

It is amazing how a Supervisor’s Statement is completed.  Normally, it is completed without much thought; sometimes, it is completed with too much thought (and self-protective, CYA language concerning how much effort the agency attempted in “accommodating” the employee, when in fact little or no effort was made); more often than not, there is a last, parting shot at the employee — some unnecessary “dig” which often contradicts other portions of the statement; and, finally, every now and then, the Supervisor’s Statement is completed in the proper manner, with forethought and truthfulness.

Fortunately, the Office of Personnel Management rarely puts much weight on a Supervisor’s Statement in making a determination on a FERS Disability Retirement application — unless there is some glaring statement of a deliberate attempt to undermine the Application.  This is rare, because it is a medical disability retirement, not a Supervisor’s disability retirement — meaning, that it is the medical opinion, not the opinion of a Supervisor, which is (and should be) most important.

Sincerely,

Robert R. McGill, Esquire
Federal Disability Retirement Attorney

The material provided in this blog has been updated from previous publications such as the Federal Disability Attorney blog and the Lawyers.com blog.

OPM & History of Medical Conditions

There is a distinction to be made between one’s medical history and an extensive discussion of workplace issues which may have contributed to a causal impetus for a medical condition.

The Office of Personnel Management is rarely interested in receiving information concerning the history or causation of a medical condition — especially from the Applicant in a Federal Disability Retirement application.  While the treating doctor may briefly refer to the historical genesis of a medical condition in a narrative report, it is the focus of the present-to-recent-past impact of one’s medical conditions upon the essential elements of one’s job which the Office of Personnel Management is interested in reviewing.

Again, remember that a Federal Disability Retirement application is a “paper presentation” to an onerous, overbearing and overworked Federal bureaucracy, where one’s private affairs (the most private of all — one’s medical conditions and their impact upon one’s personal and professional conduct of affairs) are to be presented, received, and ultimately reviewed.

History of the inception, origin and impact of a medical condition may be peripherally relevant to the treating doctor, and it would be appropriate to include such historical background in a medical report; but for the Applicant, to delve too deeply and extensively upon such historical context may place the peripheral into a central focus where it should not be.

Sincerely,

Robert R. McGill, Esquire
Federal Disability Retirement Attorney

Information here do not constitute legal advice or legal opinions.  Material presented in this blog may or may have not been previously published in the author’s other websites including but not limiting to the Federal Disability Lawyer website, the OPM Disability Retirement blog, Federal Disability Attorney and other resources in the Internet.