Filing for Federal Disability Retirement benefits under FERS or CSRS is what is generically known as falling under “Administrative Law“. That is, Federal and Postal employees must undergo the administrative process of filing with a Federal Agency, the Office of Personnel Management, in an attempt to prove by a preponderance of the evidence that one is eligible for, and therefore entitled to under the law, Federal Disability Retirement benefits under either the Federal Employee’s Retirement System (FERS), the Civil Service Retirement System (the “older” system, or CSRS), or its hybrid, the CSRS-Offset.
If the Agency which makes the decision on eligibility denies a Federal or Postal employee’s application twice (both at the Initial application Stage of the process, then again at what is termed the “Reconsideration Stage” of the process), then the case can be appealed to an Administrative legal forum specifically set up to hear such cases (as well as many other types of cases involving Federal and Postal employees). In order to file with the Merit Systems Protection Board (the “MSPB”), one must have received a “final denial” letter from the Office of Personnel Management — and, by “final”, is merely meant the “second denial” letter. Thus, in order for the Merit System Protection Board to consider an appeal for one’s Federal Disability Retirement benefits, the Federal or Postal employee must have been denied by the Office of Personnel Management on the first two tries — first, with the Initial Application, then for the Reconsideration of that application. Only then may a Federal or Postal employee who is filing for Federal Disability Retirement benefits under FERS, CSRS or CSRS-Offset file an appeal with the MSPB.
Sincerely,
Robert R. McGill, Esquire
Filed under: OPM Disability Process - 3rd Stage: MSPB Stage Tagged: Administrative Law, administrative or adversarial process, an attorney who will represent you during the mspb hearing, any lawyer will fill out opm disability forms but how about going to the mspb stage?, appeal to the Merit Systems Protection Board, appealing OPM's denial to the Board, attorney that handles disability claims before the mspb, civil service disability, considering an attorney with experience before the mspb, doctor's role during the mspb hearing, employment standards administration owcp, experienced attorney defending disabled clients at the mspb stages, federal disability attorney, federal employee disability, federal employment disability and the merit system protection board, FERS disability lawyer, fers disability retirement claim at the mspb level, fers disability retirement denied and in mspb appeal, hiring a federal disability trial attorney for the mspb stage, if the postal worker is denied opm disability benefits, if you were denied for usps owcp injury claim, legal help after first application denial, Merit Systems Protection Board, MSPB, MSPB disability lawyer, MSPB Petition for Review, my fers disability application was denied - What's next?, opm administrative law and procedure, OPM denied my FERS disability claim, OPM disability appeal to the MSPB, OPM First Stage Disability Application, OPM Reconsideration Stage, patience during the opm mspb claims process, postal workers denied benefits, representing federal employees from any us government agency, the light duty federal employee and the uncharted waters of the mspb stage, the light duty postal worker and the merit system protection board, the statutes and regulations of administrative law, the us postal service and the employment standard administration, us postal service merit protection board, usps denial federal compensation attorney, usps disability is supposed to be administrative non adversarial procedure, USPS disability retirement benefits, what to do if your opm disability is denied?, when opm disability retirement is denied, winning an opm disability case at the mspb stage
