Last Updated on November 17, 2012 by FERS Disability Attorney
Denials issued by the U.S. Office of Personnel Management in a Federal Disability Retirement application are informative in multiple ways; while based upon templates for the most part, they often make arguments which are neither based upon the legal precedents which currently prevail, nor on standards of proof which are applicable.
In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the Federal or Postal employee is expected to submit a Federal Disability Retirement application based upon the standard of proof and legal requirements which are current, applicable, and relevant.
Yet, if a denial is issued by OPM — one that is based upon language which is clearly contravening the statutory standards of legal precedents — that requires things which are not truly required, then what does one do?
It is tantamount to proving a negative: how does one prove that a murder did not occur? Or that a man did not say something asserted to have been stated? Or that one’s Federal Disability Retirement application does not contain “compelling” medical evidence, or here’s a better one: “According to AMA Guidelines, you do not have more than a 5% permanent disability rating…” What? For OWCP purposes, that may hold some meaning or relevance, but for a Federal Disability Retirement application, it means absolutely nothing.
The answer to the question, What does one do? What one must — go to the next level, with the proper legal tools in hand, to answer such nonsense. Or, better yet, start at the first level with some preemptive legal arguments.
Sincerely,
Robert R. McGill, Esquire
I have a comment pertaining to SSDI and FERS Medical Retirement. My husband retired from Federal Service in 2009 due to his disability and he was approved for both the FERS and for his SSDI. He was 57 years old at the time now in August 2012 he will turn 62 and i have been told that at 62 his FERS will be recomputed to his highes 3 year earnings by 1.1%. When he reired he had put in 19 1/2 or 20 years of full time service. Now when he gets re computed now im 2013 after being retired for the past 4 years or so do those years he has been retired get added into the 20 years of service making it 24-25 actual years olf service and time paid. Also at the age of 62 will the tital of SSDI remain or will he be listed by Social Security as being SS retired and where does al of this stand when it comes to the Medical Retirement, will he still be medically discharged in thier eyes or will he just start collecting regualr SS retirement benefits. Also do we notify opm when he turns age 62 or will they do it automatically and how soon would this become retroactive. I know his highest3 year earning was $41,000 and I wish I could figure out how much of a difference this will make for him i came up with the amount of $ 0.451 then you times that anount by how nabt years he worked plus the years he had been retired,is this correct or am i way off base here? I am just trying to help him figure all of this stuff out so we would have some kind of an idea. I hope you can help me out here. Thanks