Federal and Postal Disability Retirement: To Enter the Gates Blindly

Last Updated on March 1, 2022

Being naive is a quality and character trait which is distinguishable from innocence; in this world where information and the opportunity to obtain wisdom is vast and limitless, retaining the former quality may be unpardonable, whereas maintaining a level of innocence may reveal a life of self-discipline, where one has deliberately placed lines of demarcation around one’s life, and insisted upon not being sullied by the world around us.

One can remain innocent, yet not be naive.  While the converse may also be possible, it is important not to deliberately avoid the harsh reality around us.

Thus, in preparing, formulating, and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important that one enters into the metaphorical gates of the U.S. Office of Personnel Management with eyes of wisdom and experience, and not be saddled with the blind naiveté of thinking that the administrative process will be one of fairness and just analysis.

Assume that OPM will attempt to selectively read medical reports and records with an eye to deny; presume that they will ignore crucial evidentiary documentation which upholds one’s case; expect that legal “triggers” such as the Bruner Presumption or the holding in Trevan will be unimpressive.

That is why that which may be implicit, needs to always be made explicit, and repetitively so.  While it may be advantageous for one to enter the proverbial pearly gates with innocence, to enter through the gates of OPM with naiveté is merely inviting a door slammed shut.

Sincerely,

Robert R. McGill, Esquire