Last Updated on June 27, 2011
In inquiring about Federal Disability Retirement benefits under FERS or CSRS from the Office of Personnel Management, the potential applicant who is inquiring about the entire process will often engage in the never-ending, perpetual game of, “What if…”
The answer to each such question, of course, must always be prefaced with, “Even if…” but each such question and answer can continue ad infinitum until either the questioner comes to exhaust the repertoire of his or her “What if” questions, or the answer to the last what-if question is answered with, “Even if the world ends”.
This last answer means that it does not matter what comes after the preface; the answer remains the same. For instance: What if Social Security approves your case prior to OPM making a decision on a Federal Disability Retirement case — and the medical officer, EAP counselor, Postal or Federal Fitness for Duty physician, or the flight surgeon, or X, Y and Z disqualifies you from your job, and you get separated from service for your medical inability to perform your job…doesn’t that automatically qualify you for Federal Disability Retirement benefits? No — you must still prove your case by a preponderance of the evidence, and proceed as if none of the previously-cited advantages have been obtained.
Will all of those advantages help in your case? Yes. Will they be determinative? No.
While persuasive, such administrative decisions by the agency will not be determinative. But that doesn’t seem logical — what if, in addition to all of the previous advantages, the Agency comes out and concedes that they cannot accommodate you? Answer: Even if the Agency concedes that, you must still prove your case medically, by a preponderance of the evidence. The Federal or Postal worker: But What if… At this point, the answer must be: Even if the world ends, such administrative agency actions are merely persuasive to OPM, but not determinative. But why?
Ah…the “why” question is also a never-ending, perpetual one, and must be saved for another blog.
Sincerely,
Robert R. McGill, Esquire