Last Updated on December 6, 2021 by FERS Disability Attorney
A recent Merit Systems Protection Board Decision has retracted and clarified a misinterpretation of the legal standard needed to meet in order to qualify for Federal Disability Retirement benefits, whether under FERS or CSRS. An expanded article explaining the clarification, impact and relative significance to Federal and Postal employees who are filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management will be forthcoming (from the undersigned writer) in the very near future.
Essentially, an evolving misinterpretation of the legal standard was expanding with unforeseen implications, and indeed, this may be why the U.S. Office of Personnel Management, in recent years, has been invoking terms and concepts which have gone far beyond the applicable standard of evidentiary requirements. To make such a claim, of course, may be giving OPM too much credit — that they are actually following the cases-law which is handed down through the MSPB and the Federal Circuit Court of Appeals; but if not, then there has been a coincidental use of onerous language which has been rather puzzling.
What the MSPB has “clarified” and retracted, is the growing misunderstanding that one of the legal standards to be met in becoming eligible for Federal Disability Retirement benefits, is to provide “unambiguous” and evidence, or evidence which is “uncontradicted”. Such a standard is an almost impossible one to meet, obviously, and to allow for such a requirement to remain would have placed a greater — almost impossible — burden of proof upon the applicant.
When the “system” of statute-to-case-law-interpretation works, it is a wonder to behold. Justice works slowly; but then, great works of art can never be mass produced and time is always the friend of the masterpiece.
Sincerely,
Robert R. McGill, Esquire