Last Updated on February 27, 2021 by Federal Disability Lawyer
Neither length nor detail constitutes legitimacy. The spectrum of the types and styles of denial letters issued by the Office of Personnel Management in Federal Disability Retirement cases under FERS & CSRS range from a short paragraph under the “Discussion Section”, to 3 – 4 pages of apparent references to doctor’s notes, reports, etc. — with a lengthy lecture about the need for “objective” medical evidence, and about how a particular medical condition “may be” treated by X, Y or Z treatment modalities.
Don’t be fooled. One may think that, because OPM provides a seemingly “detailed” explanation of why a particular disability retirement application was denied, that such lengthy detail means that it is somehow “substantive”. In fact, I often find the opposite to be true: the shorter the denial, the greater the substance.
The lengthy denial letters contain “substance”, all right — but substance of the wrong kind. They contain: Mis-statements of the law; mis-statements of the legal criteria to be applied; inappropriate assertions of medical opinions (contrary to what one might think, the OPM representative does not normally have a medical degree, let alone a law degree), and a host of other “mis-statements”.
Sometimes, the weightier the denial, the more confusing as far as how to respond. And, perhaps, that is one methodology as to how OPM wants to approach the case: If it seems long and complicated, maybe the applicant will sigh, give up, and go away. Don’t.
Robert R. McGill, Esquire