There is often that final question during a consultation — of “any other advice” that can be given, or whether something else was forgotten, or the generalization of “Anything else I should know?” That is where the particulars of a case must be known, and the wide chasm that exists between “being a client” and merely receiving an initial overview of a person’s case. For, what isn’t known is often the element that can harm or injure, and the question asked but left unanswered is the one that no one thought about but should have.
Lawyers like to enter an arena of legal battles well-prepared; all questions asked, normally already are presumptively answered, and no lawyer worthy of his opponent asks a question that he or she already doesn’t know the answer to, or at least has a fairly good idea about. In a Federal Disability Retirement case, where there are multiple stages of an Administrative Process to tackle and prepare for, the First Key to success is to not submit that which will be harmful to one’s case.
As an attorney who represents Federal and Postal workers in preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the primary issue is obviously upon the medical report and records to be submitted; followed by the legal arguments to be presented and established, normally through an extensive Legal memorandum, which provides a kind of “road map” for the assigned OPM Specialist to review and (hopefully) become persuaded as to the validity, incontrovertible legal basis, and the substantive qualification of the Federal or Postal employee in meeting all of the legal criteria in becoming eligible for Federal Disability Retirement benefits.
For the Federal or Postal employee who attempts this complex Administrative Process without legal representation, the obstacles, pitfalls and potential hazards are many, and it is often what isn’t known that defeats a Federal Disability Retirement case.
Sure, there are cases where the presented facts, medical conditions and evidence constitute an undeniable, “slam-dunk” case, but those are few and far between, and we can all recognize such cases and a competent attorney would normally advise such individuals to go ahead and complete the Standard Forms, attach some relevant medical documentation and file for Federal Disability Retirement benefits with OPM.
Then, of course, there are cases on the far side of the spectrum that constitute a “weak” or otherwise invalid case, and those, too, are easily recognizable. Most cases, however, fall in the middle, within the spectrum where one must affirmatively and by a preponderance of the evidence “prove” one’s eligibility for Federal Disability Retirement benefits. And for all such cases that fall in that “middle” area of the wide spectrum, what isn’t known is the lynchpin that must be identified and prepared for further assessment and formulation, whether by addressing it in a medical document or reinforcing it by legal argumentation.
Robert R. McGill, Esquire