When arguing a legal principle in an effort to obtain a benefit for a Federal or Postal Employee, effective advocacy sometimes requires two prerequisites: discretion and the recognition that “process” is sometimes as important as the “substance” of an argument.
In filing for Federal Disability Retirement benefits, it is often just as important for an applicant to know what will result in a denial of an application, as it is to know what is needed to get one approved.
The important question for the federal employee who files for Federal Disability Retirement benefits under FERS or CSRS is: What happens if the Office of Personnel Management denies my application? Is that the end of my chances?
The author says that two recent cases provide greater legal muscle for Federal and Postal employee in filing for Federal disability retirement benefits and represent needed legal refinements in the “evolving” process of law.