For whatever reason, a certain percentage of cases reach the third level in the process of applying for Federal Disability Retirement benefits: The Merit Systems Protection Board. If an individual is unrepresented at this level, the identical problem as that which occurs in any courtroom presents itself: an attorney representing an individual provides an appearance of “objectivity” to the administrative judge; the advocacy on behalf of a disability retirement applicant has greater credibility, the arguments made on his/her behalf are now greater efficacy and weight, merely because the person arguing (the attorney) and the person for whom the arguments are made (the disability applicant), are not one and the same.
Whether fair or not, it is important that a disability retirement applicant obtain representation at this level, because Administrative Judges are more likely to listen to the arguments made by an attorney, precisely because the Attorney does not — other than the professional reputation of winning or losing the case — have a “personal” vested interest in the case itself. As such, the arguments of an attorney have an appearance of objectivity, and it is that weight of objectivity which may be the deciding factor as to whether the applicant will get the disability retirement annuity, or not.
Sincerely,
Robert R. McGill, Esquire
Filed under: OPM Disability Actors - The Attorney, OPM Disability Actors - The MSPB Administrative Judge, The Job of a Federal Disability Attorney, U.S. Merit Systems Protection Board (MSPB), When the OPM Application Is Denied | Tagged: a federal attorney's legal methodology and approach, an attorney who will represent you during the mspb hearing, appeal to the Merit Systems Protection Board, civil service disability, considering an attorney with experience before the mspb, CSRS disability attorney, CSRS disability lawyer, disability appeal MSPB, disability retirement for federal workers in american samoa, FAA Air Traffic Controllers, federal disability lawyer, federal employee attorney, federal injured ill workers, FERS disability lawyer, having an attorney gives you more credibility to your opm claim, injured federal employee, lawyer role in federal disability cases, legal & foundational argument, Merit Systems Protection Board and OPM disability, MSPB Administrative Judge (AJ), MSPB and OPM disability retirement, MSPB disability lawyer, MSPB Disability Retirement, MSPB Petition for Review, nationwide representation of federal employees, opm administrative law and procedure, OPM disability appeal to the MSPB, Petition for Full Review at the MSPB, Petition for Review before the Merit Systems Protection, Postal disability retirement, pragmatic methodology, remember the basics on opm disability law, repres, representing federal employees from any us government agency, representing federal employees in and outside the country, statutory requirements in OPM disability law, the attorney's methodology, The Unrepresented OPM Disability Applicant, usps disability attorney, usps federal compensation attorney, when you really need a federal disability retirement lawyer! | Leave a comment »
