Last Updated on March 21, 2022 by Federal Disability Lawyer
Agencies are “like” people; they are “organic” organizations (a redundancy?), and as a corporate-like entity, they respond and react as people do: cerebrally, emotionally, reactively, angrily, etc. If one views an agency in this way — treating the entity as one would a person — then you will often get the same or similar results as when dealing with your brother, a spouse, or a neighbor. And, indeed, as a logical approach, this only makes sense, because agencies and organizations are made up of people.
Thus, when filing an application for Federal Disability Retirement benefits, it is often important to think of “incentives” in approaching the Office of Personnel Management, to make every effort to have a carrot/stick approach in filing a disability retirement application. The “stick” part of it, of course, is the law — the threat of making sure that OPM knows that you will be willing to go the full course — to the Merit Systems Protection Board, to the Full Board Appeal, to the Federal Circuit Court of Appeals. If OPM denies your case and they get it reversed at the appellate level, it makes them “look bad”.
That is the stick to hold over them — the force of the law. The carrot part of it is to streamline it and make it as easy as possible by obtaining a clear and concise medical report.
Robert R. McGill, Esquire
OPM Disability Retirement Attorney