In every area of law, in most facets of life, and certainly in the administrative procedures of preparing, formulating and filing for Federal Disability Retirement benefits either under FERS with the Office of Personnel Management, one must determine the extent, scope and substance of the information which will be provided to the requesting entity.
Most of the time, the extent of information is pre-determined by the requirements which must be satisfied. Similarly, the scope of the information to be submitted must meet certain criteria, but additionally, it will depend upon the question asked. More importantly, the substance of the information one needs to provide, will be determined by the question asked, the criteria to be addressed, and the statutory and regulatory guidelines which must be met — in the case of FERS Disability Retirement, that which would meet the legal standard of “preponderance of the evidence.”
In venturing and maneuvering through the administrative process of applying for Federal Disability Retirement benefits, however, there will be times when either the Agency or the Office of Personnel Management may request “additional” information, indicating that they are not satisfied with what has been submitted.
An appraisal of what information is being asked; whether the question is properly formulated as posed, or whether it can be reformulated and still satisfied; and the harm or good in responding fully or partially to the request — these are all determinations which are best guided by the advice and counsel of an attorney who understands the laws governing the legal criteria in Federal Disability Retirement cases.
Not every question deserves a full answer. Sometimes, the question itself must be re-formulated and answered in the re-formulated format. Agencies are not gods; they are not omnipotent, and certainly not omniscient.
Robert R. McGill, Esquire
FERS Disability Retirement Lawyer
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