BRR began experiencing psoriasis of the groin/pelvic area and psoriatic arthritis of the joints in June 2009. BRR’s health quickly deteriorated and he soon found himself confined to his bed 16+ hours per day as a result of the grueling symptoms associated with these medical conditions, including but not limited to, constant tearing and exacerbation of the skin in the affected areas, and severe inflammation and pain in all the major and minor joints of the body. As a result, BRR remained in a non-duty status for over 2.5 years!
BRR was finally advised by his agency to consider applying for FERS disability retirement. Unfortunately, BRR relied solely on the agency to guide him through the complicated application process, and as a result, his application was promptly denied by OPM. BRR then sought assistance from this firm to help him prepare and submit his Reconsideration Appeal to OPM. Immediately evident was the poor quality and abysmal organizational structure of the original application package. The information contained within was fraught with discrepancies and inaccuracies. It’s really no wonder that OPM denied the initial application. In one section of the application, the agency actually informed OPM that BRR had beenaccommodated for his medical conditions, which was completely untrue!
With our work cut out for us, we scrutinized both the initial application and the denial letter from OPM, thus allowing us to identify and rectify all of the discrepancies, inaccuracies, and completely false information contained in the original application. Where applicable, we provided additional medical evidence and documentation to support our claims/arguments. We even included references to recent MSPB case law applicable to our client’s appeal. In the end, we were able to clearly show that BRR met the legal requirements for FERS disability retirement, and OPM promptly issued BRR his acceptance letter!
The lesson? You may want to think twice about relying on your agency to help you coordinate and submit your application for disability retirement. Ironically, your human resources department is typically NOT the best resource to help you prepare a successful application. You may want to consider hiring an experienced attorney to help you assemble and submit your application materials. I know that BRR is glad he did! If you are interested in working with an experienced law firm on your disability application please contact the Law Offices of Eric L. Pines, PLLC at 832-533-3242 or firstname.lastname@example.org.