Last Updated on December 8, 2022 by FERS Disability Attorney
The question has been posed: How can one Federal Agency make a determination of disability while another, separate Agency can deny a determination of disability? Contained within that question, of course, is an answer of disability from each Federal Agency, which was further preceded by multiple questions requesting the agency to make a determination of disability.
A simple answer to the question posed would be: Each Agency is independent and separate, and thus has the authority to make an independent determination. That is what is deemed a “power” answer. But there are further nuances of an answer which go beyond the mere authority or power of an agency to make a determination.
In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, the question of another agency’s determination on disability is often asked: How can one…? The full answer to the question would require a complex analysis of the various laws, statutes and criteria, which would include the following: Each Federal agency which provides a particular disability benefit is mandated by a specific statutory authority which sets out a specific set of criteria, and is different from the statutory authority defining another agency’s particular benefits; some legal criteria are based upon a determination of percentage ratings, while others are based upon employability or whether a particular kind of job can be performed.
Given all of this, one may still “cross the lines” by making arguments utilizing statements from one agency, as persuasive authority in arguing for another agency’s disability benefits. In crossing such lines, however, it is important to maintain the integrity of the role, the criteria, the specific citation of the law, and what Judges actually have stated concerning the extent and authority of the influence which one agency determination may have another another. Thus, if one attempts to cross the lines, do so with knowledge and understanding of the law.
Sincerely,
Robert R. McGill, Esquire
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