Robert R. McGill Administrative Law Blog on Lawyers.com

     Care at every step of the way in preparing a disability retirement application is the key to winning.  The metaphorical "dots" that need to be created and connected, will ensure that each aspect of a disability retirement claim is not seen as independent entities, but a part of a larger whole.  When an individual is unrepresented, there is a tendency in filling out the multiple forms that each form is a separate piece of information.  That is an incorrect approach to take.  What results from such an approach is why certain cases end up at the Merit Systems Protection Board, where the Board has to figure out whether they can accept a medical condition that the applicant failed to list or identify in the original application; or whether the connection to an essential job element was properly made.  While it is true that the Board engages in "de novo" consideration of a disability retirement eligibility issue, their jurisdiction is nevertheless limited by the substantive conditions which are identified in the original application.  Thus, for instance, in writing up the Applicant's Statement of Disability, it is wise to coordinate it by reviewing the medical documentation; when writing up the impact of the medical condition upon the essential elements of one's job, it is wise to concurrently review one's official job description.  By preparing a Federal Disability Retirement application in a disjointed, independent approach, you are in danger of missing an essential dot; by seeing the inter-dependency of each part of the application, you stand a greater chance of not having to go before the MSPB to test whether they can even listen to your case.  Disability retirement applications must be approached in this "wholistic" methodology; that is ultimately the "winning" approach, where all of the dots have been connected.

Sincerely, Robert R. McGill, Esquire