FERS Disability Retirement: Applicant’s Statement of Disability

In most instances, when I am asked to represent an applicant at the Reconsideration Stage, after he or she has attempted to obtain an approval at the Initial Stage without an attorney, I find that the prevailing mistake made is the exaggerated verbosity of the statement itself. The old adage from Shakespeare, which (I know) is too often quoted (and misquoted), from Hamlet, Act 3, Scene 2, where Queen Gertrude responds by saying, “The lady doth protest too much, methinks,” is indeed appropriate and applicable to this issue.

While the applicant’s statement of disability must be detailed, complete, and accurate, it must not be “overstated”. It should reflect the factual and medical integrity of the medical opinions and findings as delineated in the medical records, documents and notes; it should never exceed the medical evidence in assertions, claims or scope. Overzealous self-advocacy is often the problem in cases of disability retirement where the disabled individual represents him or herself. To this, of course, another common adage is applicable: “A person representing himself in court has a fool for a client.”

Sincerely,

Robert R. McGill, Esquire

One thought on “FERS Disability Retirement: Applicant’s Statement of Disability

  1. Can you please give me some understanding in the FFRS Disability Retirement application process. As of today I am on LWOP I received my award for SSDI in JULY this year. I disabled Veteran rated at 80% My Service Connected Service Disabilities have become aggravated to to the point I unemployable. I can longer report to work and preform my Government Assignment. I was denied Reasonable Combinations. That HR specialist that was supposed to help me with my disabilities reassign me to another HCT patient care that would aggravate my disabilities that I would being forced to injure myself. I attempted to explain that I have 2 herniated in my Lumbar region. That Reasonable Accommodation Officer threaten me stating your refuse this assignment you be subject to Removal. I so followed orders and submitted FMLA. The I was handled as Disabled Veteran with 17 years of Government Service is a disgraces I have the Reasonable accommodation. All my Doctors are supportive with my retirement. So you think I have a strong Disability claim? I medical reports on each of my permanent Disability reports.
    So does OPM operate in Dogmatic approach where my evidence gets lost in theshuller the an and staff official his Agency has left. How much does firm complete the employee response to the 3112?
    I feel that there is a battle ahead with OPM and their decision making. The reason I know this OPM does not talk or respond to my basic questions. So their approach covert action to Federal Employee. I realty need a very strong medical statement to win a decision to approve my Disability Retirement.

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