Last Updated on August 11, 2011 by FERS Disability Attorney
In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, it is important to coordinate the various elements necessary in its core formulation and preparation, to the extent possible.
Aside from simply declaring that there is “insufficient medical documentation” to warrant an approval of a Federal Disability Retirement application, such that one’s case does not provide “compelling medical evidence”, the Office of Personnel Management will often cite various inconsistencies between the medical documents, including comparing what Doctor X stated as opposed to Doctor Y, or by noting internal inconsistencies where a particular medical note states “improvement” on a specific date, and contrasting that singular note with the body of the narrative report which the doctor has submitted for purposes of Federal Disability Retirement; or with the lack of performance deficiencies, or in comparison with what the Supervisor stated, etc.
The problem with attempting to correct all inconsistencies, whether apparent, minor, or substantive, is that most issues in life contain inconsistencies. Think about it — in normal situations of everyday life, do people act and speak in perfect narratives, where everything and everybody is coordinated in speech, action and motive? Or are there always some inexplicable inconsistencies where one simply throws up one’s hands and says, Nevertheless, that is what happened? Yet, the Office of Personnel Management will focus upon such inconsistencies and attempt to compare, contrast, and form the basis for a substantive denial.
At the Reconsideration Level, of course, the Federal or Postal employee is given the opportunity to explain or to unravel such inconsistencies; but to the extent possible, the effort to coordinate between all of the various elements should be engaged in at the outset. However, such coordination should be real, and one should never force an artificial coordination of efforts.
Truth must always be the guide; but that the Office of Personnel Management, in reviewing a Federal Disability Retirement application under FERS or CSRS, would also be guided by the same criteria, as well as by a balanced approach of fairness.
Sincerely,
Robert R. McGill, Esquire
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