Adding to the 10 Dos and Don’ts in filing for Postal Disability Retirement benefits with OPM

It is always a good idea to review statements made, declarations asserted and advice given in spheres of influence, legal or not, just to ascertain the validity of what was stated in the past.  Then, if “updates” are necessary, or one can “add to” the value of past observations, such modifications may be fruitful and, more importantly, expand the knowledge previously gained.  The 10 dos and don’ts previously annotated in a prior article included:  Do not assume; Do not wait; Do respond affirmatively; Do ask outright of the doctor; Don’t count on bilateral loyally from the U.S. Postal Service; Do not believe everything the Postal Service tells you; Do provide a ‘totality of evidence’ approach in preparing a Federal Disability Retirement application; Do emphasize the credentials of your doctor; Do not act as your own lawyer; Do present your case in a streamlined, professional manner.  While those 10 dos and don’ts are still relevant and apply today, it is always wise to revisit and refresh the underlying rationale in following such dictates of guidance, and to add some more in preparing, formulating and filing an effective Postal Disability Retirement application, to be filed with the U.S. Office of Personnel Management.  Thus, some further Dos and Don’ts:

  1. Do become familiar with the basic criteria of Postal Disability Retirement. Your parents may or may not have emphasized the importance of doing your homework.  Such emphasis, now that you are older and wiser, should be applied when preparing one’s Postal Disability Retirement application for the U.S. Office of Personnel Management.  The basic eligibility criteria, of course, can be easily gleaned from OPM’s website:  for FERS employees, a minimum of 18 months of Federal Service and the existence of a medical condition that prevents the Postal employee from performing one or more of the essential elements of one’s Postal position.  As with all endeavors and administrative engagements, however, there is the initial, somewhat-superficial rules that apply; then, there are more “secondary” and detailed issues to identify and ascertain in gaining further knowledge of the process —  questions about accommodations and reassignment; of resignation as opposed to separation and termination; and whether you can work during the process, to what extent and for how long; and many further questions besides.  Basic familiarity is a given; detailed analysis is a must; complete understanding is recommended in preparing, formulating and filing an effective Postal Disability Retirement application.
  2. Do use the available law to your advantage.  The law can be used both as a sword as well as a shield.  If the former, it is utilized to advance your cause; if the latter, as a defensive mechanism to counter the aggressive parry of one’s opponent.  Preemptively use the law in guiding the U.S. Office of Personnel Management into approvbility Retirement application.  Anticipate the arguments that may arise; if the Postal Service is about to separate you from Federal Service for excessive use of SL or because you have been on extended LWOP, negotiate the terms of the termination in order to have the right to assert the Bruner Presumption.
  3. Do not necessarily believe what the Postal Service tells you.  In the previous formulation of the 10 Dos and Don’ts, the admonition was, “Do not believe everything the Postal Service tells you”.  Here, the slight twist is:  Do not necessarily believe what your agency tells you.  It may well be that the U.S. Postal Service is honest and forthright; that your Human Resource Office will provide you with the correct information, and even that they will “work” with you during this difficult time in your life.  However — and this is the caveat and the care that needs to be taken when relying upon an Agency’s direction and advice — when the Postal Facility begins to suspect that you will no longer remain as part of the “team” in pursuance of the Postal Service’s “mission”, your status as an outcast will be reflected in the selective information given and revealed.  As human nature is inherently one of a herd-mentality, it is best to take the approach of a well-known figure when considering information from a source that may no longer be looking out for your best interests:  trust, but verify.
  4. Do not wait until the last moment.  Again, this is a slight variation from the previous recommendation, which stated simply:  “Do not wait.”  Procrastination makes for unnecessary emergencies, and while medical conditions tend to take up all of the focus and energies needed just to get through a given day, the most effectively formulated Postal Disability Retirement applications are the ones that have been prepared with foresight, care and deliberative intent.  However, as life often interrupts the best-laid plans, so medical conditions have the tendency and effect of delaying the completion of multiple other facets of daily living activities, and so the following admonition is applied:  If you do not file on time, you will be precluded from making any arguments at all; if, on the other hand, you at least file before the deadline, you can always supplement later.
  5. Do be careful in completing the Applicant’s Statement of Disability.  Standard Form 3112A is the core and essence of a Federal Disability Retirement application.  The questions on SF 3112A appear to be simple enough, but the question that most people fail to ask and have answered is:  Are there legal consequences if certain questions fail to be answered in a particular manner?  The simple answer to such a query is:  Yes.  Many people believe that if you just list the major diagnosed medical conditions, gather up a few medical records that show that you have been medically identified to suffer from such conditions, package it all together and ship them over to the U.S. Office of Personnel Management, that somehow the bureaucratic process will recognize the seriousness of it all and grant you your Postal Disability Retirement benefits.  Good luck with that approach.
  6. Do be the gatekeeper of the information conveyed.  It is never a good idea to rely upon the good intentions of others, if only because one’s definition of “good” and that which constitutes “good intentions” can never be presumed.  As the burden of producing evidence sufficient to meet the legal criteria of “preponderance of the evidence” is placed upon the Postal Disability Retirement applicant, so the responsibility of that which is submitted can be determined by the Applicant him/herself, or his/her attorney.  Always review everything before it reaches its final “destination point” — the U.S. Office of Personnel Management.
  7. Do prepare each stage of the process as if it will require the next.  While it is true that each Stage of the Administrative Process called “Federal Disability Retirement” is unique, important and self-sufficient in and of themselves — and while we all hope that there will be no need to go to the “next” stage — nevertheless, a little bit of preemptive foresight is always a good idea.  The First Two Stages of the bureaucratic process (i.e., the Initial Stage of the application and the “Reconsideration” Stage of the process are both before the U.S. Office of Personnel Management, while the “Third Stage” of the process is an administrative appeal before a Judge at the U.S. Merit Systems Protection Board) may not require preemptively extensive legal argumentation, inasmuch as OPM’s “medical specialists” are not lawyers and care little about the governing law.  Nevertheless, making sound legal arguments is often a necessary pre-condition in preparing for the Third Stage of the Administrative process — before an Administrative Judge at the U.S. Merit Systems Protection Board — and it is a good idea to “prepare the groundwork” for that possible eventuality by arguing the major legal precedents during the first two stages of the process in anticipation of the possibility for appearing before the U.S.Merit Systems Protection Board.
  8. Do not unduly focus upon the details of a denial. Each Stage of the Postal Disability Retirement process is independent of the other, to a great extent.  The added “qualifier” — “to a great extent” — is meant to apprise all Postal Disability Retirement applicants, potential or otherwise, as to the practical impact of receiving a denial at the First, Initial Stage of the Process, or at the Second, Reconsideration Stage of the process.  Each stage is viewed de novo — as new, starting over again, etc.  Thus, to try and rebut point-by-point the rationale or reasoning of the First Stage OPM’s “Administrative Specialist” is somewhat of a waste of time, as the person who will be reviewing any newly-submitted evidence at the Second, Reconsideration Stage will not be relying upon the reasons for the denial propounded at the First Stage.  This is not to say that the Applicant shouldn’t consider the general reasons and specific rationales given as to “why” one’s Federal Disability Retirement application was denied at the First Stage — only that a “point-by-point” refutation is often an act of futility.  The same general rule applies to a Second, Reconsideration Denial — for, at that point, it becomes a “game-changer” in that the de novo process will be taken up in a completely different forum:  Before an Administrative Judge at the U.S. Merit Systems Protection Board.
  9. Do calculate time-frames on the “conservative” side.  Yes, yes, it does “say so” — that you have thirty (30) days from the date of the letter in which to respond to an Initial Denial, and 30 days from the date of a Reconsideration Denial to file an appeal with the U.S. Merit Systems Protection Board — or from the date you received the denial.  However, it is always a good idea to take the date of the letter and respond in a timely fashion using that date, instead of the more “flexible” date of when you received the Letter of Denial.  Perhaps it will seem “unfair” that there was such a lengthy delay between the date of the letter and the date you received the letter; however, as life is often full of unfair events, so this one should be viewed with a similarly dispassionate perspective.  As a general rule, that which can be ascertained as an indisputable fact (like the stated date on the denial letter) has the greater basis of reliance than one which can be later disputed (like the date one “received” the denial letter).
  10. Do not turn your responses into a personal vendetta.   Be professional about it.  It is sometimes difficult to provide a Reader’s Digest version of the history of the medical condition and be your own harshest editor, but understand that the central focus of the reviewing “specialist” at the U.S. Office of Personnel Management who will make the decision upon your Postal Disability Retirement application does not have the time, inclination or desire to sift through tangential and irrelevant meanderings in your Applicant’s Statement of Disability as reflected on SF 3112A.  Going on a tirade about how the Postal Service failed to accommodate you is not the issue; what attempted accommodations were provided and how they failed, might be — but only if stated in an objective, dispassionate manner.

Lists which purport to identify X-number of this or that rarely comprise an exhaustive compendium of the things that need to be done, and this list by no means accounts for all of the intricacies involved in preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted ultimately to the U.S. Office of Personnel Management.  Indeed, here’s another “Commandment” that should be followed:  Do not try to be your own lawyer.  Law is a peculiar animal; its technical nature and complexities often challenge the best of us, but more importantly, legal principles tend to have tentacles that reach beyond a simple understanding gleaned from a synopsis discovered on the Internet, whose source has not been ascertained and where validity is questionable.

Postal Disability Retirement is a specialized area of law that cannot easily be condensed into an abbreviated list of 10 dos and don’ts, but these Ten Principles listed herein, in addition to the previous ones discussed in a prior article, may provide some useful “tips” in preparing, formulating and filing an effective Postal Disability Retirement application with the U.S. Office of Personnel Management.  The operative concept here, of course, is encapsulated by the word “effective” — for, why else would you expend your time, effort and resources in applying for a benefit which must be proven by a preponderance of the evidence, unless it has become a necessary contingency leaving little choice in the matter?  Effectiveness is gained not by chance or unplanned circumstances, but by taking a deliberative approach in preparing, formulating and filing based upon knowledge and gained wisdom, and the principles underlying any efficacy of endeavors must always begin by knowledge gleaned from past experiences, or from a lawyer who is experienced in such matters.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement in the U.S. Postal Service: The Validity of Medical Conditions, whether Physical or Psychiatric

In the year 2014, one would expect that mindsets of anachronistic tendencies would have disappeared.  Social upheaval; changes of customs, values and mores; alterations to traditional notions of what defines X; as each generation believes itself to be the wisest, so we have arrived at this period in modernity where questions of the validity of psychiatric conditions would still be an issue.  That is rather astounding.  Calls are still received where the query reflects a sense of trepidation as to the viability of a psychiatric condition.  This, in the year 2014.

Postal employees, in particular, suffer great stresses in the workplace.  It is simply a fact of life for the modern Postal Worker:  Do more with less; don’t expect a pay raise; consider yourself lucky in this economy to have a job.  But what are the consequences of following such a mandate?  Greater stresses at every tier of being occurs when employed at the U.S. Postal Service.  The real “trickle-down” economic theory has to do with the employment impact of a worker’s environment which finds its paradigmatic impetus in the U.S. Postal Service:  the physical and psychological consequences of an organization (the U.S. Postal Service) which expects more of its workers, while demanding that the same work be accomplished with less help, less pay, and within the constraints of less time, because overtime pay is forbidden.  Stress and the psychological impact upon one’s health, are the conjoining issues which can never be quantified.

As a child, one recalls a representative of the Nuclear energy industry visiting our school and giving a talk, and citing a statistic that not a single individual had died as a result of an industry accident.  At the time, the thought was:  that is a pretty amazing statistical conclusion.  As one grows older, of course, hopefully one increases in wisdom – or, put another way, in cynicism.  Question:  Does the statistical conclusion take into account a cancer-related death occurring decades later, where direct causality between an industry and the medical condition cannot be unequivocally established?  And a similar question for the U.S. Postal Service:  Do the pressures placed upon the Postal Worker, to do more with less, account for a rise is Psychiatric conditions?

It sounds so simple, in theory:  This is a hard economy; competition is more intense than ever; UPS and FedEx are eating away at the competitive edge which the USPS once held; everyone is suffering, so it is only fair to force the U.S. Postal Service to be required of the same:  Do more with less.

But as with all actions, there are consequences which – foreseen or unforeseen – take their toll.  The short answer is that, in filing for Federal Disability Retirement benefits, there is little difference as to the viability of a case between physical medical conditions and psychiatric conditions.  The issue is no longer the conceptual distinction between physical medical conditions and psychiatric conditions; rather, the issue is one of establishing sufficient proof in filing for OPM Disability Retirement benefits.  For, in the end, proving a Federal Disability Retirement case, filed with and reviewed by the U.S. Office of Personnel Management, is not based upon a determination of the seriousness of a medical condition; rather, regardless of the medical condition, the extent of the impact to which the medical condition prevents one from performing one or more of the essential elements of the Postal Job which the Postal Worker must engage.

It is thus the “nexus”, or the linguistic “bridge” established between a medical condition and the type of job which the Postal Worker must work, which is the important body of proof to establish in a Federal Disability Retirement application.  How does one make that connection, or establish that proof?  Since much of Postal work involves strenuous physical activities of a repetitive nature, where physical health and fitness is the primary focus, how does one then wrap the physical aspect around the psychological turmoil?  If you can physically lift up to 70 lbs., bend and twist repetitively; stand and walk throughout the day; it matters not whether you suffer from Bipolar Disorder, Cognitive Dysfunctions, Severe Major Depression, Anxiety, Panic Attacks, suicidal ideations, etc.  Or so one might assume, and therefore doubt that psychiatric conditions form a viable avenue for successfully filing for Federal Disability Retirement benefits, for Postal employees who are under either FERS or CSRS.

The concurrent and parallel roads which converge to precipitate the large volume of cases comprised of psychiatric conditions, by Postal Workers alone, shows the state of working for the U.S. Postal Service.  Yes, Postal Work is engaged in rigorous physical exertions, which often comprise a compendium of medical conditions which are valid bases for filing a Federal Disability Retirement application, including (but not limited to), Rotator Cuff tears; chronic knee pain; lumbar and cervical radiculopathy; Carpal Tunnel Syndrome; Shoulder Impingement Syndrome; Plantar Fasciitis; and multiple other physical conditions.  Paralleling such physical conditions, however, are the stresses from such physical work which often manifest themselves in psychiatric terms, including those psychiatric conditions already mentioned above in the preceding paragraph:  Major Depression; inability to focus or concentrate; Agoraphobia (which would obviously impact City or Rural Carriers); Generalized Anxiety Disorder; uncontrollable panic attacks; and similar psychiatric medical conditions.

How does one create the nexus between (A) a Psychiatric condition which impacts the cognitive capacity of a Postal Worker and (B) the inability to perform what essentially amounts to exertional physical labor?  Quite simply:  The ability to perform physical labor does not merely involve the physical act of labor; rather, it also entails sustained and consistent cognitive focus, concentration, and attention to detail.  The intersecting and inseparable cooperation between the mind and the body in performing physical labor cannot be avoided.  Sometimes, it is the physical medical conditions (e.g., chronic pain; multi-level degenerative disc disease; early onset of arthritis; subacromial bursitis; knee problems; ankle instability; and multiple other conditions) which are primary, with the psychiatric disabilities being secondary (i.e., Major Depression, Anxiety, panic attacks, etc., following upon the constant fight against the chronic pain, and thus deemed to be “second” in sequence with the physical conditions being primary).  The point throughout, however, is that the attempted separation and bifurcation between physical disabilities and psychiatric disabilities, no longer hold any valid basis.

A decade or so ago, the question as to whether psychiatric medical conditions were more difficult to prove in a FERS or CSRS Federal Disability Retirement application, filed with the U.S. Office of Personnel Management, may have deserved a momentary pause for reflection.  In this day and age, the validity of such a question itself must be questioned.  The mind/body distinction which first took root in our culture through the philosophical division created by a French Philosopher named Descartes, has resulted in centuries-old questions as to the bifurcation between the physical and the psychological.  In this day and age, however, the Postal Worker need not fear or have any concerns about the viability of a Federal Disability Retirement application which involves primarily psychiatric-based claims.  Psychiatric medical conditions, including (but not limited to) Major Depression, Anxiety, Panic Attacks, Bipolar Disorder, Schizophrenia, Agoraphobia, Obsessive-Compulsive Disorders, etc., are all valid bases upon which to file for Federal Disability Retirement benefits; as well as all of the physical medical conditions which one may suffer from.

In the end, it is no longer a question of whether the medical condition involves physical or psychiatric medical conditions, when it comes to a valid basis for filing a OPM Federal Disability Retirement application.  Rather, the question is how one formulates one’s case such that proof can be established that the medical condition – whether physical or psychiatric – prevents one from performing one or more of the essential elements of one’s Postal duties.  It is the “how” which is important, and no longer the “whether”.

The U.S. Postal Service and Federal Disability Retirement: The National Reassessment Program, the Agency and the Worker

The U.S. Postal Service has, for many years, been a “good employer” for thousands of hard-working Postal employees.  By ascribing the term “good”, of course, one enters into the dangerous territory of different experiences in a wide-range of sectors across the United States, for just as there are “good” and “bad” people, there are good and bad Post Offices, Postmasters, Supervisors, Rural and City Carriers, Maintenance and Electronic Technicians, Clerks, Distribution Clerks, Mail Handlers, etc.  Individuals determine the moral and ethical designation of “good” or “bad”; individuals collectively make up an organization, which is reflective of the type, character and tenor of the individuals within that organization.

Thus, by the conceptual term “good employer”, is merely meant that it has allowed for thousands of hard-working, productive Postal employees to earn a decent wage. “Goodness” of an agency comes about because of good people, and if goodness is in any way determined or defined by the hard work of the majority of the people of any organization, then it is indisputable that the Postal Service, all things considered, is indeed a good agency.

Changes have been in the works.  And they continue to alter the landscape of the U.S. Postal Service.

For many years, when an on-the-job injury occurred, and an OWCP claim was filed, despite the onerous provisions of the Federal Employees Compensation Act (FECA), it allowed for temporary compensation benefits, including wage-loss benefits for total or partial disability, monetary benefits for permanent loss of use of a schedule member, medical benefits, as well as vocational rehabilitation. Yes, FECA is a hassle.  Remember, however, that FECA was never created as a “Retirement System” – but rather, as a means to temporarily compensate the injured worker while attempting to provide for rehabilitation resulting in an eventual return to work.   To that end, even when the injured employee never fully recovered, the Postal Service, in cooperation with OWCP, would attempt to offer various “light duty” or “modified duty” assignments, so that the Postal employee could be retained in a productive capacity.

There is actually nothing wrong with the U.S. Postal Service offering ‘light duty’ or ‘modified assignments’ over the years.  Now, however, with the onerous sweep of the National Reassessment Program (NRP) which is effectively telling all Postal Workers who are not “fully productive” that there are no more “light duty” assignments remaining; no longer can you remain in a “modified duty” position.  You are sent home with a terse explanation that there is no work for you, and you may file for OWCP benefits.  However, only a fool would believe that OWCP benefits will last forever.

What is the choice?  What alternatives are left?  Because Federal Disability Retirement benefits will often take 6 – 8 months to apply for and get approved, it is a good idea to start the process as early as possible.  You may stay on OWCP for as long as you can, or for the length of time FECA allows you to receive such benefits, but there will be a day, sooner than later, when such benefits will be cut off – either through

“vocational rehabilitation” (Translation:  find you a job, any job, that pays at or near what your Postal job paid, and be able to argue that you are no longer entitled to OWCP benefits), referral to an “Independent Second Opinion Doctor” who may look at you (or perhaps not even look at you) and spend five minutes before declaring that you have no residual symptoms and you should be able to return to full duty (Translation:  no more OWCP benefits, but we all know you can’t go back to carrying mail or performing the heavy lifting, bending, pushing, reaching grasping, etc.).

Would you qualify for Federal Disability Retirement benefits under FERS or CSRS?  Assume the following hypothetical:  X suffers from bilateral carpal tunnel syndrome, or perhaps from chronic back pain, failed back syndrome, or chronic pain throughout one’s musculature; it originated from an OTJ injury, accepted by OWCP, and for a decade X worked in a modified light duty job.  The job is no longer in existence (by the way, the fact that such a job is now “no longer in existence” is precisely what attorneys who specialize in Federal Disability Retirement benefits have been arguing for years – that a ’modified light duty’ does NOT constitute an accommodation under the law, precisely because it was merely a temporary position with an ad hoc set of duties, and nothing more).  Can you qualify for Federal Disability Retirement benefits?

Hint:  Note what the Administrative Judges at the U.S. Merit Systems Protection Board stated in the case of Selby v. OPM, Docket #SF-844E-05-0118-I-1, decided June 9, 2006:  “The fact that he was receiving two hours of workers compensation a day also buttresses his claim that his injuries prevented him from performing many of the critical elements of his position.”  In other words, any granting of receipt of OWCP benefits (in this particular case, it was compensation for 2 hours per day, but the argument can be extended to include any amount of compensation) only reinforces and supports (“buttresses”) the argument by a Postal Worker that he or she could not perform the full panoply of the essential elements of one’s job.  Being able to work the full 8 hours in the full description of one’s craft job, is what is required.  Otherwise, it is likely that you qualify for Federal Disability Retirement benefits under FERS or CSRS.

The National Reassessment Program is merely reflective of a wider economic trend; technological changes have altered the landscape of labor-intensive jobs; automation is the focal emphasis in every agency and department; budgetary considerations result in the “bottom-line” approach to personnel decisions.  Where does it all lead to, and what does it all mean for the Postal Worker?  If you believe that, after 20 years of faithful service, after having shown that you are a “good” employee, that such faithful loyalty will be returned “in kind”, while your naiveté may be commendable, your may be sorely disappointed in the manner in which the Agency will treat you.  If the NRP impacts you, you need to make some pragmatic decisions, and one of them may well be to file for Federal Disability Retirement benefits under FERS or CSRS.

Do you have a medical condition or disability which would qualify?  Often, the question is asked whether or not Psychiatric conditions are more difficult to qualify under the criteria of Federal Disability Retirement.  The spectrum of psychiatric conditions, from Major Depression, Anxiety, panic attacks, Asperger’s Syndrome, Bipolar Disorder, ADHD, Obsessive-Compulsive Disorder, etc., are all medical conditions which, if they prevent you from performing one or more of the essential elements of your job, would qualify you for a Federal Disability Retirement annuity.  Psychiatric cases are no more difficult these days than “physical” disabilities.

In this day and age, it is unfortunate but true, that there has arisen a contentious relationship – between “the Agency” and “the Postal Worker”.  Both are supposed to constitute a single organic entity, unified in purpose; but where the Agency has initiated a deliberate program to “weed out” those Postal Workers – regardless of the years of faithful service – who, because of an ongoing medical condition, are considered to be less than “fully productive”, then it is time for the Postal Worker, whether the Clerk, the Postmaster, the EAS Supervisor, the Maintenance Technician, the Electronic Technician, the Rural Letter Carrier, the City Letter Carrier, or the multitude of countless other important jobs performed at the U.S. Postal Service – time to tap into a benefit which has always been there, but has often been unused, underused or ignored:  Federal Disability Retirement benefits under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

US Postal Disability Retirement: Making the Right Decisions before Ending up At the Merit Systems Protection Board

     Long before a Federal Disability Retirement case reaches the Merit Systems Protection Board, there were multiple decisions, reviews and considerations engaged in – both by the Applicant, as well as by the reviewing Agency, the Office of Personnel Management (OPM).  Why a particular disability retirement case ends up for an Administrative Hearing before an Administrative Judge at the U.S. Merit Systems Protection Board (MSPB), as opposed to one which gets approved at the Initial Application Stage, or at the Reconsideration Stage, depends upon a number of factors.  Who makes the decisions, considerations, and reviews such decisions at each step of the way, can often make the difference between whether a case gets approved at the OPM stage, or whether a case must go to a Hearing before the MSPB. 

     As an attorney who specializes exclusively in representing Federal and Postal employees to obtain Federal Disability Retirement benefits under FERS (Federal Employees Retirement System) and CSRS (Civil Service Retirement System), I have reviewed and been involved in all aspects of a Federal Disability Retirement application.  From Psychiatric conditions (ranging from Major Depression, Anxiety, panic attacks, Bipolar Disorder, Agoraphobia, etc.) to physical conditions (chronic and intractable Cervical and Lumbar pain, failed back syndrome, degenerative disk disease, plantar fasciitis, bilateral carpal tunnel syndrome, Lyme Disease, Rheumatoid Arthritis, Fibromyalgia, chemical sensitivity issues, Hepatitis, chronic liver and kidney diseases, visual impairment, to just name a few), as well as the combination of both (and, as an aside, many times depression becomes secondary to chronic and intractable pain precisely because of the profound and overwhelming fatigue which occurs on a daily basis), I have been able to obtain Federal disability retirement benefits for almost every medical condition there is.  This is because disability retirement is not so much concerned with a particular diagnosed medical condition, but rather, with the impact that such a medical condition has with one’s Federal or Postal job.

     At each stage in the process – from the initial application stage; if denied, then at the Reconsideration Stage; if denied, then on to an appeal to the Merit Systems Protection Board —  decisions were made as to what to submit, how to respond, and what information to provide in order to satisfy the legal criteria under the reviewing eyes of the “Disability Specialist” at the Office of Personnel Management.  Such decisions are crucial and critical, at each stage of the process, in terms of whether or not a Federal Disability Retirement application will or will not be approved.  Who makes the decision; how the decision is made; what is the right decision to make – these are all important considerations to take a seriously look at, for each stage of the process. 

     When a case ends up at the Merit Systems Protection Board, it is fair to say that somewhere along the line, a decision was made (or perhaps more than one decision) which did not persuade or convince the personnel at OPM to approve the case.  That is why it is important to hire the advice and counsel of an attorney who specializes in Federal Disability Retirement law.  Yes, money and expense is always a consideration.  But how much money and expense is lost if a case is denied, then denied again, and the case ends up at the Merit Systems Protection Board?

     Long before a Federal Disability Retirement case reaches the Merit Systems Protection Board, there were multiple decisions made.  It is important to make the “right” decision before it reaches the MSPB, and an attorney who specializes in Federal Disability Retirement law is helpful to that decision-making process.

Sincerely,

Robert R. McGill, Esquire