OPM Disability Retirement: Discretionary Judgments

There are many things in the long process of getting a Federal Disability Retirement application approved, which are purely “discretionary”, based upon one’s experience, sense of a case, an ear to listening to a client, and based upon a compendium of factors, facts and circumstances, to come up with the “best” decision on a particular issue.  A person who tries to go through the process alone, without the ear, mind, experience or judgment of an attorney who knows the process governing Federal Disability Retirement under FERS or CSRS, has to make such discretionary decisions without the benefit of past experiences.

Such decisions can range from small issues of:  how and when a treating doctor should be approached in the request for a medical narrative; how much guidance the doctor would need or want in preparing a medical narrative report; when and how to inform the agency of the pending decision to file for Federal Disability Retirement benefits, etc.; to the larger decisions, such as which medical conditions and reports to include in the final packet to be submitted to the Office of Personnel Management; and many other such discretionary decisions.  Yet, when grouped together, the complex interactions of the multiple “discretionary judgments” can often make or break a case.


Robert R. McGill, Esquire

1 thought on “OPM Disability Retirement: Discretionary Judgments

  1. My husband has been on disability since about 2004, and we just NOW finding out that he could have been getting retirement benefits as well….this is about 12 years of monies that he should have been receiving.. But we knew nothing about this…..He is 57 years old and he was a letter carrier until he became disabled….how can we apply for his retirement….will that interfere with his disability payments… also can he receive back pay from the date he first became disabled. PLEASE HELP……LIVING PAYCHECK TO EVERY OTHER PAYCHECK

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