Welcome Guest! To enable all features please Login or Register.

Notification

Icon
Error

Disability Retirement


The federal government allows employees who are unable to work to retire under a disability retirement. It is in the best interest of both employees and the federal government for employees to remain gainfully employed in their current grade or pay level, as long as they can provide useful and efficient service without endangering themselves, others or government property.
Disability retirement should be the very last option and should be used only when attempts have been made to preserve an individual's employment, and those attempts have failed.

Order our Disability Retirement guide to educate yourself on the rules and regulations concerning disability retirement for federal employees.

To read today's top news stories on federal employee pay, benefits, retirement, job rights and other workplace issues visit FederalDaily.com.
Options
Go to last post Go to first unread
lorsteluc  
#1 Posted : Thursday, April 12, 2012 9:48:42 AM(UTC)
lorsteluc

Rank: Groupie

Groups: Registered
Joined: 7/21/2011(UTC)
Posts: 67



Topic: MSPB overrules OPM standard of proof
Posted: Today at 5:50pm

From the MSPB March 2012: OPM denied the disability retirement application, initially and on reconsideration, on the basis that he had failed to provide sufficient diagnostic and treatment evidence pertaining to his claimed conditions and did not establish that he was disabled for useful and efficient service or that his continued absence from the workplace was medically warranted. After reviewing the medical evidence, administrative judge stated that the "general" rule in disability retirement cases is that the medical evidence must show how the employee’s conditions affect his ability to perform specific job duties and requirements. None of the appellant’s treatment providers explained how his conditions affected his specific work requirements. The administrative judge further found that the medical evidence did not unambiguously and without contradiction indicate that the appellant could not perform the particular duties listed in the disability retirement application. The administrative judge found that, even if he was entitled to the so-called Bruner presumption4, a lack of objective medical evidence in the record providing a reasoned explanation of how his conditions rendered him unable to perform specific work requirements would rebut the presumption. Under the Civil Service Retirement System, OPM’s implementing regulation describes two ways to meet the statutory requirement that the employee "be unable, because of disease or injury, to render useful and efficient service in the employee’s position": (1) by showing that the medical condition caused a deficiency in performance, attendance, or conduct; or (2) by showing that the medical condition is incompatible with either useful and efficient service or retention in the position.

Under the first method discussed above, an appellant can establish entitlement by showing that his medical condition affects his ability to perform specific work requirements, prevents him from being regular in attendance, or causes him to act inappropriately.

Under the second method, an appellant can show that the medical condition is inconsistent with working in general, working in a particular line of work, or working in a particular type of setting. Regardless of the particular method of establishing an inability to render useful and efficient service, the burden of proof in every case is by a preponderance of the evidence, i.e., more likely true than not. Id., 5 C.F.R. § 1201.56(a), (c)(2). The Board specifically found that to require medical evidence that is unambiguous and without contradiction is to impose a higher burden of proof, one that is not authorized by law or regulation.

Henderson, 117 M.S.P.R. 313, ¶ 16. The Board concluded that the ultimate question, based on all the relevant evidence, is whether the appellant’s medical impairments preclude him from rendering useful and efficient service in his position, and that the question must be answered in the affirmative if the totality of the evidence makes that conclusion more likely to be true than not true.


Whale wall  
#2 Posted : Sunday, October 28, 2012 3:40:34 AM(UTC)
Whale wall

Rank: Senior Member

Groups: Registered
Joined: 8/29/2011(UTC)
Posts: 216

Yay, I was wondering about this one, unambiguously and without contradiction in my view would be beyond a reasonable doubt. Those are some pretty high standards to reach when an OPM adjudicator is the judge. Now I know why so many cases got denied, it's called discretion and interpretation of what is unambiguous and without contradiction. I still believe it will take time for OPM to follow these guidelines, but even if they do deny an applicant, the MSPB will follow this rule. Just a longer wait time to get approved if denied.   
Rss Feed  Atom Feed
Users browsing this topic
Guest
Forum Jump  
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.


This page was generated in 0.335 seconds.