Now, within those time constraints, the question is often raised whether a federal or postal worker can apply for disability retirement more than once. In other words, what happens if a federal employee or Zip tries once - and gets a denial of the Office of Personnel Management. You can try again? The answer is - as with most legal issues - yes and no.
Remember, first, that there are many steps to win a lawsuit for federal disability pension: you have the first or initial stage of the application; If you refuse, you can request a review (the "second stage"); If you are denied again, you can file an appeal with the protection Merit Systems Committee (a "MSPB appeal"); If the administrative judge says the MSPB your claim, you can file a petition for review to complete the entire MSPB board, and if the entire board rejects your complaint, you can file an appeal with the US Court of Appeals for the Federal Circuit therefore there are many "Apple bites.".
Second, however, among the many people "bites apple", there are some restrictions. Take the following scenario: a Federal or Postal employee submits an application for a disability pension in January 2008. A request for reconsideration was rejected in May 2008 is filed and refused again in August 2008. An appeal was presented to Systems Merit Protection Council, and the ALJ denies your case in a report dated December 2008. The applicant does not pursue any appeal, but allows MSPB opinion on the stand of the matter. Question: Can the same individual file a new application with the Office of Personnel Management, in January 2009, assuming that there has now been separated from the Federal Service for over a year?
The answer: You have to be careful. In the field of law, it is a legal principle known as double jeopardy - which in basic terms, it simply means that a subject that has already been decided by the court can not be retried. In the example above, if an applicant submits a new application for the same period of disability, then there is a possibility that the Office of Personnel Management to open the legal principle of res judicata, and try to prevent Applicant benefits of being granted disability retirement. However, one can get around the defense of res judicata if you can prove two things: first, that the time period in question is different from the previous period, and second, that the condition has become worse as period the original time. This is useful if you stop to think about it: Indeed, if the principle of res judicata is intended to prevent people from re-litigating the same question again and again, you have to show not only that the second application was for another period of time, but also that health was somehow so "different" (worse) than that shown in the first instance.
And indeed, this is precisely what the merit Systems Protection Board decided in the case of v Luzi. Office of Personnel Management, 106 MSPR 160 (2007), where the protection of merit systems Commission found that a disability pension appeals after refusal of the second appellant's application for disability retirement benefits for n has not been hampered by res judicata arising from a previous decision of the Council, where the second application is based on a different time from what it is in the original appeal and is based on evidence that may not have been raised in the above call. Therefore, if you file an application for Federal Disability Retirement, and take the case throughout the MSPB stage of the hearing, it must be warned that their ability to file a subsequent application may be restricted.
Now, as the case Luzi allows a "second bite at the apple", obviously it imposes onerous restrictions, such restrictions and bring more on other issues. For example: It would not be a wise decision to think of presenting reapply after a second refusal on the review stage, but before a call to the MSPB? (Answer: In some cases, depending on the facts of the case, the answer is "Yes") If you drop the first case. , either in the initial application or reconsideration stage, does the principle of res judicata still apply (Answer: No, but OPM still have the file since the first case refer to, so it be advisable to approach the second presentation in a different way). If you refuse both the initial phase and the review phase, but before an appeal to the Merit Systems Protection Board, are removed from the federal Service medical inability to perform their jobs - what should you do? Let him and refile? MSPB appeal? (Answer: There are too many variables to answer this question here, and each case must be decided on the basis of the unique circumstances together) If you take a case to the MSPB and get a denial of the Administrative Court, which will be required to present a second time? (Any subsequent application will be for a period different from the first time of the application, and no medical evidence must show that the health condition deteriorated in the subsequent period, unlike the first time - see Luzi in this document) .
Federal Disability Retirement under FERS deposit or CSRS is a complex process and each step must be carefully assessed - not only for a particular stage particular, but to create the next step, and the next after that. Thinking it will "win" at any stage of the proceedings, without thinking at a later stage, it is to ignore their future, which is indeed a stupid approach.
Attorney Robert R. McGill specializes in obtaining federal disability retirement benefits for federal and postal workers under FERS and CSRS. It represents federal employees and posts from across the US west coast to the east, and between each state, as well as Alaska, Hawaii, Puerto Rico, Europe, Japan, etc. For more information on legal services,
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