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.
Robert R. McGill, Esquire