CSRS & FERS Disability Retirement: Why is mine denied?

There are always multiple (unverified) stories of people who have filed for Federal Disability retirement benefits under FERS & CSRS, based upon what appears to be a “minor” medical condition (at least “minor” in comparison to the medical conditions which were rejected by the Office of Personnel Management per a denial letter), which was approved; yet, you filed a Federal Disability Retirement application based upon multiple major medical conditions, which was denied.  Why me?  Remember that “fairness” is not the criteria in determining the viability of a disability retirement application.  Comparisons of medical conditions with other applicants or co-workers rarely provide any fruitful insight; the point is, the “other guy” got his disability retirement application approved, and you did not.  It may be several factors beyond your control:  Your Supervisor tried to “get back at you” by declaring that all reasonable accommodations were provided; the OPM representative which was assigned to your case was overworked and wanted to clear some of the workload, and yours was one of them; one of your doctors made statements which came perilously close to making your case one of “situational disability”.  Whatever the reasons, you should not worry about factors beyond your control; instead you need to focus upon those factors over which you do have control:  You need to have a strategy on how you will counter the initial denial.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: Other Stories of Success

There are obviously many, many pitfalls in the attempt to obtain disability retirement benefits from the Office of Personnel Management. Sometimes, I get calls from individuals who tell me that they “heard from a friend” that another employee prepared the disability retirement packet him/herself, and got it through within ___ months (you can fill in the blank with an unbelievably low number — say, 1, 2 or 3), and that there was no need for an attorney, and so why should anyone need an attorney?  I really have no response for such an inquiry; I am always suspicious of such “too good to be true” stories, but on the other hand, inasmuch as I don’t have any facts to refute or otherwise disbelieve such stories, I cannot comment on them.  I can only convey facts, circumstances, and experiences which I have with my own clients (don’t worry — all information received from and on behalf of my clients is protected by attorney-client confidentiality, and I never — ever — divulge personal information; I relate such experiences only in a generic sense, with no names ever mentioned), and indeed, each case is different and unique, and I try and treat each case based upon the specific facts, circumstances, and individual complexities inherent in each.  I really cannot comment on “that other story” that is heard through a chain of mouths and ears, only to be transformed into an unidentifiable success story.

People who come to me and ask for my legal guidance and expertise know that, to the extent I am able, I will answer each question based upon my professional experience; that I try to give a realistic assessment of each case, without embellishment; and my clients remain my clients for life.  Indeed, I get calls almost every week from people who I represented many, many years ago.  If a Medical Questionnaire is received, I am here to guide the recipient so that he/she will be able to retain the disability retirement benefits we fought so hard to obtain.  I have no idea about those “other success stories”; my goal is to satisfy the legal needs of my clients — those who have entrusted their cases in me, and for whom I have a special care and trust for.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement: When & How to Act

When people call me to ask if they need legal representation in filing for disability retirement benefits under FERS or CSRS, I try and provide as “objective” an opinion on the matter as possible. I represent hundreds of people in filing for, and obtaining, disability retirement benefits; it is my specialty, and it is how I make a living. At the same time, however, I believe that I can be completely honest in providing guidance as to whether an individual should obtain legal representation, or needs to obtain representation.

For instance, for individuals who have already sent in their disability retirement packets to OPM (via the Agency for those still on the rolls; directly to Boyers, PA for those who have been separated from service for 31 days or more), I normally advise the applicant to wait — wait until a decision has been rendered, and hopefully the individual will not have to expend the funds for attorneys fees, and an approval will be in the mail. On the other hand, every now and then, an applicant who is waiting for a decision from the Office of Personnel Management, will describe the content and substantive materials comprising the disability retirement packet, and certain statements — during a telephone consultation with me — concerning what is stated in the applicant’s Statement of Disability, will give rise to concern, and in those instances, it may be wise to either withdraw the application, or immediately take steps to supplement the disability retirement packet.

Each FERS or CSRS disability retirement packet is unique, because each individual & individual’s medical condition is unique. That’s what makes the practice of law in the field of representing Federal and Postal disability retirement applicants so interesting, and so professionally satisfying.

Sincerely,

Robert R. McGill, Esquire