Obviously, as with all areas of law, the primary role of an attorney in representing a Federal disability retirement applicant (aside from the obvious role of obtaining the disability retirement annuity), is to render useful and effective advice in the representation of the Applicant’s submission before the Office of Personnel Management.
Often, however, in the process of performing such a role, engagement with the Federal or Postal employee’s Agency and supervisor is inevitable and necessary. The timing of such an engagement is crucial. Attorneys need to be careful that his or her representation is not only rendering good advice; further, it needs to be effective.
As hard as it is for an attorney to admit, sometimes it is better for a federal disability attorney to take a “back-seat” role, and quietly advise the client but allow the client to deal with the Agency. Indeed, an Agency will often begin to act irrationally, unnecessarily confrontationally, and further, complicate matters by involving their Agency counsel in the matter. In such a simple matter as informing the Agency that the employee is in the process of preparing a disability retirement application — sometimes it is better for the employee to bring it up with his or her supervisor, without the direct involvement of the attorney, especially if the Federal employee has a good working relationship with the Supervisor. Part of the job of the Attorney is to render good advice — and that sometimes means, taking a back seat.
Sincerely,
Robert R. McGill, Esquire
Filed under: OPM Disability Actors - The Attorney, OPM Disability Application, OPM Disability Process, The Job of a Federal Disability Attorney | Tagged: administrative or adversarial process, an attorney who will represent you during the mspb hearing, applicant's statement of disability, applying for federal disability, attaining an amicable separation, client's role and federal disability claims, CSRS disability attorney, CSRS disability lawyer, disability retirement for nlrb employees, federal disability attorney, federal disability attorney's advice, federal disability law, federal disability lawyer, federal employee disability retirement, FERS disability attorney, fers disability claims process, FERS disability lawyer, figuring out the best person to deal with agency, lawyer role in federal disability cases, MSPB disability attorney, MSPB disability lawyer, non job related injures or illnesses, OPM Disability Application, OPM disability attorney, OPM disability lawyer, opm disability representation for new mexico federal workers, pragmatic methodology, the attorney's methodology, the best legal representation for opm disability, the postal worker's attorney, trying the carrot before the stick when dealing with agencies, when the federal attorney chooses to keep a "low profile" | Leave a comment »
