CSRS & FERS Disability Retirement: Denial at the First Stage

I would like to state that none of my cases have ever been denied at the Initial Stage of filing for Federal Disability Retirement benefits; not only would such a statement be untrue; it would also be unbelievable.

And yes — even the cases that I file on behalf of my clients, get a similarly formatted denial:  a restatement of the criteria for eligibility for Federal Disability Retirement under FERS & CSRS; a discussion with an elaborate reference to doctor’s notes, dates of treatment, targeted extrapolations of statements by the doctors which are not only selectively chosen in a narrow manner to favor the decision of denial, but further, which are often taken out of context.

Some might wonder:  Doesn’t OPM have greater respect for Mr. McGill?  The answer is:  At the First Level, the representative from the Office of Personnel Management is merely making a decision on one of thousands of files, and a template is being used to process and get rid of cases.  However, one must always remember (as I try to remind everyone) that this is a “process”.  A denial at the First Stage of the process is merely part of the greater process.

It is not something to get annoyed at, or concerned about; it is a stage and a decision which must be dealt with, argued against, and rebutted in the proper, rational, legal manner.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: The Time It Takes For the “Process”

Because it is a “process” as opposed to an application to obtain an automatic service, commodity or benefit, a Federal Disability Retirement application necessarily takes time.

It takes time to properly prepare the application; it takes time to have the treating doctors properly address the multiple issues needed in order to meet the legal standards of eligibility; it takes time for the applicant’s statement of disability to be thoughtfully and in a cohesive, coordinated manner be presented in a persuasively descriptive narrative; it takes time for the H.R. office of the Agency, or the H.R. Shared Services in Greensboro, North Carolina, to complete their part; it takes time for the finance office to complete their part; it takes time for Boyers, PA to process and prep the application; then, finally, it takes time once it is sent down to the Office of Personnel Management in Washington, D.C., to receive, review and evaluate the entire packet.

Further, right now, it just so happens that OPM seems to be “backed up” and, concurrently, has a shortage of personnel, and is taking an inordinate amount of time getting to each case.  As I often tell my clients:  If patience is a virtue, then Federal and Postal employees who file for Federal Disability Retirement must be the most virtuous people in the universe.

Sincerely,

Robert R. McGill, Esquire