Last Updated on February 18, 2022 by FERS Disability Attorney
The foundation is always “all-important”; but there are other tools at one’s disposal, and the question is: Do we know and recognize what those tools are, and if not, how can we use them out of ignorance?
How does SSDI intersect with FERS Disability retirement – not the issue of offsetting the concurrent payments after approval of each (that is merely a monetary calculation that has nothing to do with getting a FERS Disability Retirement application approved); rather, should an approval of an SSDI application have a legal impact upon a FERS Disability Retirement? How about a denial – but one with a statement in the SSDI denial letter acknowledging that the FERS Disability Retirement applicant is unable to perform the duties of his current/former employment, but may be able to do “other employment”?
How should a mixed removal be utilized to its most effective manner? If a person is removed partly for his or her medical inability to perform the essential functions of the job, but also because of AWOL issues or excessive LWOP usage, does it undermine the application and efficacy of a Bruner Presumption argument?
What should be done with a Department of Veterans Affairs rating? Is it always persuasive, never determinative? Even if persuasive, should it always be introduced, or is discretion the better part of valor – or, in the case of a FERS Disability Retirement application, the better part of value in using it as “proof” for a Federal Disability Retirement application? Should medical documentation be indiscriminately submitted?
In other words, in a FERS Disability Retirement application, does the FERS Disability applicant have any rights as to dissemination of medical documentation, especially those portions which do not go to the substantive centrality of one’s claim in requesting a Federal Disability Retirement approval? To what extent can the FERS Disability retirement applicant and his/her attorney have the right to act as the “gatekeeper” in providing sensitive medical documentation to the U.S. Office of Personnel Management?
Tools – we have them; but of what use, efficacy or relevance are they, if they are left in reserve without pragmatic utilization? And, as to the “reserve” – should the FERS Disability Retirement applicant keep in tow any of the tools, or should they all be used in an aggregate, cumulative powerhouse of aggressive and forceful argumentation?
Tools – to have them is one thing; to use, another; but more than that, to know what to use, when, how, and to what applicable relevance; that is the power behind the inertness of that which can be enlivened by knowledge, information and discretionary utilization.
Sincerely,
Robert R. McGill, Esquire
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