OPM Disability Retirement: When it Gets to the Merit Systems Protection Board (MSPB)

For whatever reason, a certain percentage of cases reach the third level in the process of applying for Federal Disability Retirement benefits:  The Merit Systems Protection Board.  If an individual is unrepresented at this level, the identical problem as that which occurs in any courtroom presents itself:  an attorney representing an individual provides an appearance of “objectivity” to the administrative judge; the advocacy on behalf of a disability retirement applicant has greater credibility, the arguments made on his/her behalf are now greater efficacy and weight, merely because the person arguing (the attorney) and the person for whom the arguments are made (the disability applicant), are not one and the same.

Whether fair or not, it is important that a disability retirement applicant obtain representation at this level, because Administrative Judges are more likely to listen to the arguments made by an attorney, precisely because the Attorney does not — other than the professional reputation of winning or losing the case — have a “personal” vested interest in the case itself.  As such, the arguments of an attorney have an appearance of objectivity, and it is that weight of objectivity which may be the deciding factor as to whether the applicant will get the disability retirement annuity, or not.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement: Remember the Basics

Time goes by too quickly; Christmas, New Years, winter — and now the dawn of Spring approaches; and the timeline of 12 months from the time one is separated from Federal Service can suddenly come and go; prospectively, 12 months can seem like a sufficient amount of time; retrospectively, when 10 months passes by and suddenly there are only a couple of months left to file; where has the time gone?

Do not wait until the last moment; all arguments about one’s medical inability to perform the essential elements of one’s job become irrelevant if you miss the statutory deadline. To be eligible for Federal Disability retirement, you must file within one (1) year of being separated from Federal Service.

All of your medical records and reports will be worth merely the paper they are written on if you fail to file within that 1-year deadline. The statutory clock begins to toll once you have been separated from Federal Service. Always keep the basics in the forefront of your mind; otherwise, if the basics are not attended to, everything else becomes a moot point.

Sincerely,

Robert R. McGill, Esquire