Last Updated on March 10, 2012 by FERS Disability Attorney
In approaching how to prove a Federal Disability Retirement case, whether under FERS or CSRS, it is best to try and meet a higher standard of proof, and not be lulled into thinking that because the applicable standard of proof is the lower “preponderance of the evidence” standard, that the mere necessity of proving one’s case is reflective of that standard.
Standards of proof on a theoretical level are for academics; in the practical world of law, one must actually persuade and convince the individuals who are authorized to approve a Federal Disability Retirement application, that the Federal Disability Retirement application merits an approval. This would include the personnel at the Office of Personnel Management, as well as an Administrative Judge at the Merit Systems Protection Board.
One can shout all one wants that the standard of proof needed in a Federal Disability Retirement case is the “preponderance of the evidence,” and that all that is necessary to meet that standard is that X is more likely to be true than not. However, in the “real” world of law, people, and persuasive authority, one’s case should always strive to meet the highest standard — that it is so persuasive that the deciding authority has no choice but to approve the case. For, as the higher standard logically subsumes all lower standards, the inverse is not true, and the interpretation of what constitutes meeting the “preponderance of the evidence” test can have a wide margin of error.
Sincerely,
Robert R. McGill, Esquire