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Disability Retirement


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Navygirlgonepostal1  
#1 Posted : Monday, April 02, 2018 7:55:33 AM(UTC)
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I just got off the phone with my lawyer. Her words were that this next step is fast and transparent. I’m not going to quote anything as I may not get it all right.

First, she said that once she submits the Mspb I will get a receipt saying it is submitted.
OPM will then have twenty days to get all my stuff gathered that they have so we can overlook it and see if anything is needed or missing that was previously sent.
She said at this point the supervisors gathering everything overlook the package and there is a high possibility that they will change their decision at this point. (She suspects this will happen for me however, I’m not counting on it)

Then if they do not change the decision we will have a little time and then it will go to the AJ. She says the process is faster and more streamlined. Also, this person is a lawyer and knows the laws unlike the case worker. She also said they are very lenient when it comes to extensions and timeframes for paperwork.

She is angered as I am at my recent second denial and says obviously my Boyers person has no knowledge on case law. She said my case is extremely strong and there are many many case laws that support my case. I was told this before so you may hear a little hesitation in my voice. 🤨

She just emailed me a form which I have already faxed over and which is my representation slip for MSPB..
I have already faxed it back signed for her.

Lastly, she said she will be shooting a nasty letter to the case worker after my case has left OPM to let the lady know that she completely disregarded laws. Whether that was said to appease me or not I have no clue but it sounds nice.
Fingers crossed for everyone going through this.





It ain’t over till I sing my song. 😜
Nell  
#2 Posted : Monday, April 02, 2018 8:51:09 AM(UTC)
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Navygirlgonepostal I pray this works for you! Sorry you have to go through this mess called OPM. I will keep you in my prayers that this will finally be approved for you! Take Care!
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Navygirlgonepostal1 on 4/2/2018(UTC)
Frogger  
#3 Posted : Monday, April 02, 2018 9:05:23 AM(UTC)
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Well since we have almost been in tandem.......
Navygirlgonepostal1  
#4 Posted : Monday, April 02, 2018 9:12:12 AM(UTC)
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Thanks Nell.

Frogger, keep your head up and don’t get discouraged. This is just a road bump for me and isn’t the end to all. My road may very well be different than yours. I am praying that you receive a fair shake at this and that your positive decision comes soon.

Edited by user Monday, April 02, 2018 9:14:51 AM(UTC)  | Reason: Not specified

It ain’t over till I sing my song. 😜
Frogger  
#5 Posted : Monday, April 02, 2018 10:03:22 AM(UTC)
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You should have been approved....It's like they took the denial on the road. We added some stuff in the Doctor letter; and the attorney pointed out the law for them. Who knows.
Navygirlgonepostal1  
#6 Posted : Monday, April 02, 2018 10:57:57 AM(UTC)
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Same here. My brief had it all. Who knows?
It ain’t over till I sing my song. 😜
gembarok  
#7 Posted : Monday, April 02, 2018 12:02:09 PM(UTC)
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Originally Posted by: Navygirlgonepostal1 Go to Quoted Post
Lastly, she said she will be shooting a nasty letter to the case worker after my case has left OPM to let the lady know that she completely disregarded laws. Whether that was said to appease me or not I have no clue but it sounds nice.
Fingers crossed for everyone going through this.


Greetings,

I'd ask her who is paying for it? LOL. Just curious... the response you received by OPM for your "reconsideration," did it mention it being a "Final Decision?" The reason I ask is, it doesn't sound like you had a reconsideration but rather a redo. is unusual for staff to reverse a Final Reconsideration Decision.

S/
K
delphis  
#8 Posted : Monday, April 02, 2018 2:13:19 PM(UTC)
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I don't know if this is of any importance or sheds any light for our lawyers and ourselves, but this position announcement that I found from last fall for the Boyers team is for a "Medical Specialist" rather than an "Legal Administrative Specialist," but the duties look like what an LAS would do. Case law is mentioned in the duties section, but knowledge of case law (or any legal background at all) is not mentioned in the position announcement as a qualification. Only medical stuff mentioned in education or prior work history. Maybe they hired some people with legal instead of medical backgrounds too, i don't know, i only found this one postion announcement.
fwiw
good wishes to all,
Delphis
https://www.federaljobse...pa-17-337-jsb-mp/1752011
Navygirlgonepostal1  
#9 Posted : Monday, April 02, 2018 2:20:47 PM(UTC)
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This go around it did say final decision and I am going by what the lawyer who has experience is telling me.
Also, it was signed by a medical specialist whereas last time is was a legal administrative specialist.
So what this tells me is we got some glorified admin people making decisions with one year of medical experience minimally required. That’s scary. I read the prequalifications. Urgh

Edited by user Monday, April 02, 2018 2:25:17 PM(UTC)  | Reason: Not specified

It ain’t over till I sing my song. 😜
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delphis on 4/2/2018(UTC)
delphis  
#10 Posted : Monday, April 02, 2018 4:54:13 PM(UTC)
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Navygirl, what your lawyer said sounds promising :-) I hope hope hope this is approved for you soon and you will be singing your song!
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Navygirlgonepostal1 on 4/2/2018(UTC)
ESCIV  
#11 Posted : Monday, April 02, 2018 9:48:01 PM(UTC)
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Originally Posted by: Navygirlgonepostal1 Go to Quoted Post
I just got off the phone with my lawyer. Her words were that this next step is fast and transparent. I’m not going to quote anything as I may not get it all right.

First, she said that once she submits the Mspb I will get a receipt saying it is submitted.
OPM will then have twenty days to get all my stuff gathered that they have so we can overlook it and see if anything is needed or missing that was previously sent.
She said at this point the supervisors gathering everything overlook the package and there is a high possibility that they will change their decision at this point. (She suspects this will happen for me however, I’m not counting on it)

Then if they do not change the decision we will have a little time and then it will go to the AJ. She says the process is faster and more streamlined. Also, this person is a lawyer and knows the laws unlike the case worker. She also said they are very lenient when it comes to extensions and timeframes for paperwork.

She is angered as I am at my recent second denial and says obviously my Boyers person has no knowledge on case law. She said my case is extremely strong and there are many many case laws that support my case. I was told this before so you may hear a little hesitation in my voice. 🤨

She just emailed me a form which I have already faxed over and which is my representation slip for MSPB..
I have already faxed it back signed for her.

Lastly, she said she will be shooting a nasty letter to the case worker after my case has left OPM to let the lady know that she completely disregarded laws. Whether that was said to appease me or not I have no clue but it sounds nice.
Fingers crossed for everyone going through this.




From what my own attorney tells me, this is totally normal. Anybody that is not a lawyer at OPM disregards the law and legal precedent. Even more likely they don't even know any of these laws.

For my case he's hoping that I get denied a second time soon because it's faster! Because of the reasons you mention, plus that once most of these cases become lawyer to lawyer and in the legal world, decisions tend to make more sense and happen faster. It does seem that the whole process would go better for all involved if the lower decision levels actually knew and followed the laws in cases where it's more obvious like in "Bruner Presumption" cases.

So hang in there! You are probably getting close!

Good luck!
gembarok  
#12 Posted : Tuesday, April 03, 2018 12:03:19 AM(UTC)
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Originally Posted by: Navygirlgonepostal1 Go to Quoted Post
This go around it did say final decision and I am going by what the lawyer who has experience is telling me.
Also, it was signed by a medical specialist whereas last time is was a legal administrative specialist.
So what this tells me is we got some glorified admin people making decisions with one year of medical experience minimally required. That’s scary. I read the prequalifications. Urgh


Greetings,

I absolutely agree with your assessment. It does appear you have a decision by a new hire, no time in grade specialist. And apparent waste of time and legal fees. Why would a new hire disagree with the previous LAS? This is typical government bureaucracy. That is not a reconsideration. Lawyers call this tactic, "Shift, Stall, Delay." For what it's worth, here is the pages from OPM on handling Reconsiderations:

https://www.opm.gov/reti...rsfers-handbook/c003.pdf

The pages from Title 5 with regard to Disability Retirement

https://www.gpo.gov/fdsy...-title5-vol2-part844.pdf

And the pages from Title 5 in reference to medical documentation

https://www.gpo.gov/fdsy...-title5-vol1-part339.pdf

If anything, its something to read while you wait. And while OPM covers its ass as the "Supervisors" review your packet.

I feel for you.

S/
K
Frogger  
#13 Posted : Tuesday, April 03, 2018 5:41:27 AM(UTC)
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Yeah...I await my denial even though we added evidence.
ESCIV  
#14 Posted : Tuesday, April 03, 2018 12:03:19 PM(UTC)
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Originally Posted by: Frogger Go to Quoted Post
Yeah...I await my denial even though we added evidence.


It's ashamed that we tend to think this way.

You would think there has to be a better process for all of this.

Thanks and good luck.

delphis  
#15 Posted : Tuesday, April 03, 2018 4:11:04 PM(UTC)
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I'm hoping that since so few cases reach the MSPB, many more than we might think are solved at phase 2.5
Looking at MSPB annual report for 2017, there were 70 disability retirement cases that went to MSPB, and probably 7000 disability retirement cases filed. Hopefully this bodes well for Navygirl, Frogger, ESCIV and all of us :-)
Hope Hope Hope! Hopefully what Leroy Toliver said is true, "It's a slow mule, but it gets there."

Edited by user Tuesday, April 03, 2018 4:18:01 PM(UTC)  | Reason: Not specified

Dddisp  
#16 Posted : Tuesday, April 03, 2018 6:28:40 PM(UTC)
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I await my reconsideration denial also. How many people really win at the reconsideration stage?
After reading through so many comments under the topic of reconsideration, it seems a few % get lucky.

Delphis - I wonder how many didn't fight it beyond reconsideration?


Frogger  
#17 Posted : Wednesday, April 04, 2018 6:20:37 AM(UTC)
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Like I said before, the number of people that don't keep fighting is mind boggling. Anyone that has fought all the way up the VA chain knows this instinctively. I fought the VA for 18 years, and $80K in legal fees. My file sat at the Board of Veterans Appeals (VBA) for 5 years collecting dust. Then they denied me with an argument that would make a third grader cringe. Had to go to the Court of Veterans Claims. The Chief Justice of the court ripped them a new one. Still took 3 years after that to complete the deal. This process does not have the light shined on it like that one sort of does. My point is don't give up.
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delphis on 4/4/2018(UTC)
Tired  
#18 Posted : Wednesday, April 04, 2018 3:52:11 PM(UTC)
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I am with you guys I hope everyone is approved. Seems all our denials came around the same time.
Hurry up and Wait!
Frogger  
#19 Posted : Thursday, April 05, 2018 9:25:57 AM(UTC)
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If there are mass denials in store for us, then they will be in for mass appeals to the board.
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Tired on 4/11/2018(UTC)
Navygirlgonepostal1  
#20 Posted : Thursday, April 05, 2018 11:44:58 AM(UTC)
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I just received notice from MPSB that my file is received with a confirmation number.
It ain’t over till I sing my song. 😜
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Tired on 4/11/2018(UTC)
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