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.
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.|