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
cheesefan  
#1 Posted : Thursday, July 30, 2020 12:45:41 PM(UTC)

Rank: Groupie

Groups: Registered
Joined: 4/15/2009(UTC)
Posts: 106

Thanks: 5 times
Was thanked: 5 time(s) in 5 post(s)
I was denied my first go around....

I felt like giving up, especially with all this COVID stuff and what not, maybe I should just keep chugging along.

However, after debating it with myself, I decided to go to the reconsideration phase. I don't have any new paperwork or anything to submit, so I am thinking it will be denied again.

I am using a a law firm that will refund the fees if not successful. I am just trying to prepare in my head some way, that the chances of approvals go down after the 1st look.... and realistically, does the MSPB has a even lower success rate.

So I am thinking, it is going to get denied again.... and if i go the next step to the MSPB, and it is denied again, at least i get my money back...

any thoughts?

GSBS  
#2 Posted : Thursday, July 30, 2020 3:05:36 PM(UTC)
GSBS

Rank: Senior Member

Groups: Registered
Joined: 10/9/2011(UTC)
Posts: 3,012

Thanks: 372 times
Was thanked: 371 time(s) in 322 post(s)
Seriously? Without continued medical care/evidence which you are required to maintain until age 60 you are going to submit nothing additional at Reconsideration? I doubt the attorney would even pursue a Stage 3 MSPB case and will just return your money after the outcome at Stage 2
Chache  
#3 Posted : Thursday, July 30, 2020 10:34:34 PM(UTC)
Chache

Rank: Groupie

Groups: Registered
Joined: 4/6/2019(UTC)
Posts: 89

Thanks: 5 times
Was thanked: 4 time(s) in 4 post(s)
Need evidence with harris or other firms you have a pretty good chance to do well very good chance
cheesefan  
#4 Posted : Saturday, August 1, 2020 6:25:29 AM(UTC)

Rank: Groupie

Groups: Registered
Joined: 4/15/2009(UTC)
Posts: 106

Thanks: 5 times
Was thanked: 5 time(s) in 5 post(s)
Originally Posted by: GSBS Go to Quoted Post
Seriously? Without continued medical care/evidence which you are required to maintain until age 60 you are going to submit nothing additional at Reconsideration? I doubt the attorney would even pursue a Stage 3 MSPB case and will just return your money after the outcome at Stage 2


Hmmm... think i was misunderstood.

I have continued to go to the doctors monthly if not more for some of my issues, to me, that is not new evidence. The doctor appointments show that I still have the issue and still continue to try to maintain / control my issues.

The new evidence they were looking for were stronger letters from my doctors to tie it all together. That I have had difficultly getting done. None of my VA doctors want to touch that kind of paperwork.
cheesefan  
#5 Posted : Saturday, August 1, 2020 6:27:04 AM(UTC)

Rank: Groupie

Groups: Registered
Joined: 4/15/2009(UTC)
Posts: 106

Thanks: 5 times
Was thanked: 5 time(s) in 5 post(s)
Originally Posted by: Chache Go to Quoted Post
Need evidence with harris or other firms you have a pretty good chance to do well very good chance


Yes, I went with one of the well known law firms. I guess i'l see what happens with the reconsideration phase. I would think that the lawyers would have only submitted the case if they felt it was strong. But now that it was denied, i don't know how much more i can do
gembarok  
#6 Posted : Saturday, August 1, 2020 9:53:19 AM(UTC)
gembarok

Rank: Senior Member

Groups: Registered
Joined: 3/23/2018(UTC)
Posts: 583
Man
United States

Thanks: 38 times
Was thanked: 195 time(s) in 171 post(s)
Originally Posted by: cheesefan Go to Quoted Post
Hmmm... think i was misunderstood.

I have continued to go to the doctors monthly if not more for some of my issues, to me, that is not new evidence. The doctor appointments show that I still have the issue and still continue to try to maintain / control my issues.

The new evidence they were looking for were stronger letters from my doctors to tie it all together. That I have had difficultly getting done. None of my VA doctors want to touch that kind of paperwork.


Greetings,

This is going to be a little harsh, but I have your best interests in mind. I doubt there are many lawyers who accept a case they can't make money off of. So I think that is just your mind messing with you. Now if your lawyer is telling you to get fresh paperwork, well... get your ass out there and get it. If that means finding a new doctor to write a medical opinion for cash... then do it. Or, make yourself a list of questions that OPM wants answered, have your VA Docs answer them. It's not hard and the VA docs are required by policy to assist you in completing paperwork for other federal agencies. Trust me, I fought this battle many times and always win. https://www.va.gov/vhapu...lication.asp?pub_ID=4300

Put your cowboy hat on and go get the documentation OPM wants.

S/
K
thanks 1 user thanked gembarok for this useful post.
cheesefan on 8/4/2020(UTC)
cheesefan  
#7 Posted : Tuesday, August 4, 2020 6:21:34 PM(UTC)

Rank: Groupie

Groups: Registered
Joined: 4/15/2009(UTC)
Posts: 106

Thanks: 5 times
Was thanked: 5 time(s) in 5 post(s)
Originally Posted by: gembarok Go to Quoted Post
Originally Posted by: cheesefan Go to Quoted Post
Hmmm... think i was misunderstood.

I have continued to go to the doctors monthly if not more for some of my issues, to me, that is not new evidence. The doctor appointments show that I still have the issue and still continue to try to maintain / control my issues.

The new evidence they were looking for were stronger letters from my doctors to tie it all together. That I have had difficultly getting done. None of my VA doctors want to touch that kind of paperwork.


Greetings,

This is going to be a little harsh, but I have your best interests in mind. I doubt there are many lawyers who accept a case they can't make money off of. So I think that is just your mind messing with you. Now if your lawyer is telling you to get fresh paperwork, well... get your ass out there and get it. If that means finding a new doctor to write a medical opinion for cash... then do it. Or, make yourself a list of questions that OPM wants answered, have your VA Docs answer them. It's not hard and the VA docs are required by policy to assist you in completing paperwork for other federal agencies. Trust me, I fought this battle many times and always win. https://www.va.gov/vhapu...lication.asp?pub_ID=4300

Put your cowboy hat on and go get the documentation OPM wants.

S/
K


I had no idea about that policy !!! In January I asked my va doctors for the paperwork and they told me it against va policy. This changes everything !! You rock!

Wonder Woman  
#8 Posted : Monday, August 10, 2020 10:49:46 AM(UTC)
Wonder Woman

Rank: Rookie

Groups: Registered
Joined: 5/4/2020(UTC)
Posts: 41
United States

Thanks: 8 times
Was thanked: 4 time(s) in 4 post(s)
I'm pretty sure I am not the typical case. But I went through all of that. I was denied twice... we went to MSPB, the Judge remanded it back to OPM for processing (where we basically started all over again). I got denied initially again (by the same person, mind you) and approved on reconsideration.

My advice to you is to ask the right questions during your consult and listen to the feedback from at least a few different firms/attorneys. If the firm feels you have a great chance of success, then you should keep fighting it. Otherwise, it's up to you to put in the work and decide if you want to see if you can prevail. Always best to get the information you need to make that decision though.

It's hard for some of us to provide sound advice without knowing the details of your case. Do not take an OPM denial too seriously; look at the merits of your case instead. By what you provided, it doesn't sound like you lose much by trying your hand but we suggest you put your best hand forward.
thanks 1 user thanked Wonder Woman for this useful post.
Navygirlgonepostal1 on 10/1/2020(UTC)
OldIPA  
#9 Posted : Tuesday, August 24, 2021 3:13:13 PM(UTC)
OldIPA

Rank: Member

Groups: Registered
Joined: 8/21/2021(UTC)
Posts: 12
United States

Originally Posted by: gembarok Go to Quoted Post
Originally Posted by: cheesefan Go to Quoted Post
Hmmm... think i was misunderstood.

I have continued to go to the doctors monthly if not more for some of my issues, to me, that is not new evidence. The doctor appointments show that I still have the issue and still continue to try to maintain / control my issues.

The new evidence they were looking for were stronger letters from my doctors to tie it all together. That I have had difficultly getting done. None of my VA doctors want to touch that kind of paperwork.


Greetings,

This is going to be a little harsh, but I have your best interests in mind. I doubt there are many lawyers who accept a case they can't make money off of. So I think that is just your mind messing with you. Now if your lawyer is telling you to get fresh paperwork, well... get your ass out there and get it. If that means finding a new doctor to write a medical opinion for cash... then do it. Or, make yourself a list of questions that OPM wants answered, have your VA Docs answer them. It's not hard and the VA docs are required by policy to assist you in completing paperwork for other federal agencies. Trust me, I fought this battle many times and always win. https://www.va.gov/vhapu...lication.asp?pub_ID=4300

Put your cowboy hat on and go get the documentation OPM wants.

S/
K



Hello gembarok, I am facing similar situation as cheesefan did, where my VA dr would not write opinion letters. but you have said finding a new doctor for opinion, would you elaborate since I'm new to this process and will sure be facing many more difficulties down the road. thanks

Edited by user Tuesday, August 24, 2021 3:13:54 PM(UTC)  | Reason: Not specified

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.

Powered by YAF 2.1.1 | YAF © 2003-2022, Yet Another Forum.NET
This page was generated in 1.777 seconds.