OPM Disability Retirement: Professionals & Saving Time

In many areas of law, it is often the case that “professionals” prefer dealing with other professionals.  Thus, doctors will often encourage their patients to obtain the services of a lawyer when it has come time to consider medical retirement.  

In preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS, submitted to the Office of Personnel Management, there are multiple factors to consider when engaging in the preparatory stages of the administrative process.  The reason why doctors often prefer to deal with attorneys when the patient is compiling the “paperwork” for Federal Disability Retirement is that it saves time.  

Time is a commodity which is scarce and valuable.  Doctors do not want to have to engage in multiple revisions or rewriting of medical reports.  Doctors are professionals who believe that their time is best spent in treating patients — and while such “paperwork” is a necessary part of a doctor’s practice, and one which ultimately assists the patient in furthering his or her medical condition and future well-being; nevertheless, if an administrative issue needs to be addressed, doctors will often prefer to accomplish such administrative tasks in the most efficient, expeditious manner possible.  

The same concept holds true for the Federal or Postal worker who is filing for Federal Disability Retirement benefits under FERS or CSRS.  While there is never a guarantee that a “professional” will present a compelling enough case to the Office of Personnel Management such that an approval of one’s Federal Disability Retirement application will be a certainty; nevertheless, it is normally the most effective road to success.  

As time is a valuable and scarce commodity, so such scarcity and value should be considered at the beginning of the process of preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: Seeking an Attorney

Old methods of operating are sometimes so ingrained that accepting a different paradigm is sometimes difficult.  In normal circumstances, an individual who seeks the counsel and representation of an attorney would (and should) seek out a local attorney who is versed and experienced in the laws of one’s particular state.  Most legal issues require the counsel and representation of the state within which the legal issue arose — whether it be contractual, tort, domestic relations, or other matters — and, indeed, an attorney is generally restricted to practicing law in the state in which he or she is licensed by.  

In representing Federal and Postal employees in obtaining Federal Disability Retirement benefits from the Office of Personnel Management, however, the Federal or USPS Worker must understand that the issue to be litigated concerns a “Federal” issue, and not a state issue.  As such, an attorney who specializes in representing Federal or Postal employees to fight for Federal Disability Retirement benefits, will normally not be a “local” attorney.  

Because Federal Disability Retirement is a Federal issue, the fact that an attorney is licensed in a different state is irrelevant.  The attorney certainly needs to be a licensed attorney — otherwise, such an attorney who is not licensed should not hold himself or herself out to be an attorney.  For representation to obtain Federal Disability Retirement benefits from the Office of Personnel Management or, if the Federal or Postal employee has already filed, or been denied and filed a Request for Reconsideration with the Office of Personnel Management and was denied again and is now in need of filing an appeal to the Merit Systems Protection Board, the necessity of an attorney at any level of the process should focus upon the specialization and experience of the attorney in Federal Disability Retirement issues — and not on whether the attorney is “local” or not.  

Indeed, in all likelihood, one will not find a “local” attorney who has even an inkling of an idea what Federal Disability Retirement law is all about. Paradigm shifts are difficult to accept, but they are nevertheless necessary in a world of ever-changing circumstances.  While “going local” may be a great paradigm to adhere to in supporting local farms and local products, it is probably not a practical approach in attempting to secure Federal Disability Retirement benefits from the Office of Personnel Management.

Sincerely,

Robert R. McGill, Attorney

Medical Retirement for Federal Workers: A Federal Issue

For many legal issues which are encountered by most people, an attorney from the state within which he or she resides is necessary and proper.  This is because the laws of each state are different, and requires the expertise of an attorney who is licensed to practice law within that particular jurisdiction.

However, preparing, formulating and filing a Federal Disability Retirement application with the Office of Personnel Management is a Federal issue, not a state issue.  As such, as an attorney who is licensed from one state, that attorney is able and allowed to represent Federal and Postal workers from all across the United States.  

Being “able to and allowed”, of course, is a separate issue from whether a particular attorney is competent, knowledgeable, and experienced enough to perform such work — but those are questions and issues which should be reviewed, determined and inquired into, by each Federal and Postal worker who is seeking an attorney who purports to be an “expert” in the area of Federal Disability Retirement law.  

Such a basis for determination of an attorney’s competency in any area of law should be based upon multiple criteria, including:  Questions asked and answered during an initial consultation; review of any articles written on the subject; information gathered on the attorney’s website — especially the substantive content of any claims made, or any discussion concerning the subject of Federal Disability Retirement law — and a general sense of responsiveness to an initial query.  

Because preparing, formulating and filing a Federal Disability Retirement application is a “Federal” issue and not a state issue, it is likely that the Federal or Postal worker will never personally meet the attorney in a Federal Disability Retirement case, and instead, all communication and contact will be by telephone, email, fax, overnight delivery, etc.  This would be a natural occurrence — just as you will never actually see anyone from the Office of Personnel Management or from the Merit Systems Protection Board.  

Remember, preparing, formulating and filing a Federal Disability Retirement application with the Office of Personnel Management is a Federal issue, and not a state one, and therefore the attorney who is licensed in a particular state can effectively represent anyone, anywhere, both in the United States, and in other countries.

Sincerely,

Robert R. McGill, Attorney

Federal and Postal Disability Retirement: Specialization, Focus & the Attorney

In preparing, formulating and filing a Federal Disability Retirement application under either FERS or CSRS from the Office of Personnel Management, the Federal or Postal employee will often retain the services of an attorney precisely for the focus which must be placed upon the compilation of the entire packet. It is, moreover, a field requiring specialization, and one which necessitates knowledge of the particular rules, regulations, and procedural processes which must be understood, maneuvered through, and ultimately complied with.

The reason why local attorneys are rarely found in assisting for the preparation, formulation and filing of a Federal Disability Retirement application, is that there are not that many attorneys in the general population of attorneys who have specialized in the field of representing Federal or Postal employees in Federal Disability Retirement law.

This is a Federal issue, not a state issue. Most issues of law require a local attorney who is licensed to practice law in the particular state in which the issue arises. For Federal issues — and Federal Disability Retirement constitutes a Federal issue — what is required is a licensed attorney (from which state is irrelevant) who has the specialized knowledge and focus in order to effectively represent the Federal or Postal employee who is attempting to show by a preponderance of the evidence that he or she is eligible and entitled to Federal Disability Retirement benefits under the laws governing such benefits.

A general practitioner of law will rarely be sufficient; a local attorney who has never encountered the maze of bureaucratic procedural requirements may, with research and diligence, become competent in understanding the rules and statutes governing Federal Disability Retirement, but for purposes of properly preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, it is important to have a singular focus upon the specialized field, in order to be immediately effective and be able to have the applied knowledge to attain the outcome-successful end in mind.

Focus, specialization and the attorney — it is a tripartite combination which the Federal or Postal employee who is seeking to prepare, formulate and file for Federal Disability Retirement benefits under FERS or CSRS which should be carefully considered.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Lawyers and H.R. Personnel

In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, one of the peculiar “events” which often erupts and surfaces is the interaction between a Federal or Postal employee, his or her attorney, and the interaction with the Human Resources Department of the particular agency.  

While the reaction of the H.R. personnel is not universal by any means, and while exceptions will surprisingly occur, nevertheless the pattern of recurrences leads one to conclude that there is an undertone of antagonism between the lawyer representing the Federal or Postal employee who is filing for Federal Disability Retirement benefits under FERS or CSRS, and the Agency’s Human Resources Department.  

What is puzzling is the following:  (1)  The undersigned writer always attempts to approach all H.R. Personnel with humility and courtesy, with the view that both are working towards the same common goal of assisting the Federal or Postal employee, (2) the very existence of the Human Resources Department of the Agency is predicated upon the notion that they are there to assist the Federal or Postal employee in his or her employment endeavors, including filing for administrative benefits, and (3) since both the attorney and the H.R. Personnel are there to help the Federal or Postal employee, cooperation of efforts would be the natural course of action.  

Unfortunately, in most instances, the very opposite is true.  Whether because the H.R. Personnel believe that an attorney is antagonistic by nature, and therefore must be met with equal force; or because they believe that the attorney is somehow circumventing or undermining the role of the Human Resources’ work and role; nevertheless, it is important for the H.R. Personnel to understand and appreciate that the role of the Attorney in representing a Federal or Postal employee in preparing, formulating and filing a Federal Disability Retirement application through the Agency (first) and to the Office of Personnel Management (thereafter), needs to be a tripartite effort (the Federal or Postal employee; the Agency; and the attorney), all working together.  

If the Human Resources Department did its job, much of what the representing attorney needs to do would be diminished, and perhaps altogether unnecessary.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: Attorney Clarifications

In obtaining an attorney to represent a Federal or Postal worker who is contemplating filing for Federal Disability Retirement benefits for FERS or CSRS employees, various questions will often occur, which result in different answers from most other inquires concerning legal matters not related to Federal Disability Retirement issues.  For most legal matters, localization and jurisdictional limitation is the standard rule.  

Thus, where a tort occurs, or a contract is entered into, such issues will often constitute a “state” issue, and so one must often obtain an attorney who is licensed to practice law within the state that the issues arises.  However, because preparing, formulating and filing for Federal Disability Retirement benefits is a “Federal” issue, an attorney who is licensed in any given state — for instance, the state of Maryland — can represent a Federal or Postal employee who is living and working in any other state.

The question is often asked during an initial inquiry as to whether I have a “local” attorney in a person’s particular state or jurisdiction; the answer is “no”, but I represent Federal and Postal Workers from all across the United States, including Alaska, Hawaii, Puerto Rico, Europe, Japan, etc.  Furthermore, a Federal or Postal employee inquiring about the services of a particular law firm might want to consider whether practicing Federal Disability Retirement law is merely one of multiple types of cases that it handles.  

A lawyer who is a “generalist” and has many hands in multiple pots may not have the same focus as one who specializes in practicing a specific type of law — that of preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS.  Just a thought.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: A Federal Issue

Representation by an attorney who is licensed in one state, of a Federal or Postal employee who lives in another state, is accomplished in a Federal Disability Retirement application precisely because it is a Federal issue and not a State issue.  

If an individual has a legal issue which he or she wants advice on, which concerns an event, issue or matter which involves a particular state’s laws, then obviously an attorney from the particular state should be consulted.  

In obtaining a Federal Disability Retirement annuity from the Office of Personnel Management, however, it is irrelevant whether or not the attorney is from the Federal or Postal Worker’s state.  For one thing, the agency which must be directly dealt with — the Office of Personnel Management — is located in Washington, D.C. (although the initial intake office is located in Boyers, PA).  OPM is the agency which handles all Federal and Postal Disability Retirement applications under FERS or CSRS, and makes both the Initial Decision in the process, as well as any decision at the Second, or Reconsideration Stage.  

In this technologically-centered world of ours, everything can now be handled by telephone, fax, express mail, FedEx,UPS, email, email attachments, etc.  It is more efficient this way, and further, there are not that many attorneys who specialize in the field of Federal Disability Retirement benefits from the Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement Attorney: Legal Representation

Federal and Postal workers who are considering filing for Federal Disability Retirement benefits under FERS or CSRS often call and state that they are unable to find “local” representation; that when the issue of the Federal Agency or the Postal Service is brought up, local attorneys either do not handle such cases or they are obviously unfamiliar with the concepts involved.  

Representation of Federal and Postal employees to obtain Federal Disability Retirement benefits is a Federal matter, not a state issue, and therefore legal representation is not limited to an attorney who is licensed within a specific state.  Ultimately, the Agency which is the final “arbiter” of a Federal Disability Retirement application is located in Washington, D.C., and is the Office of Personnel Management.

Thus, whether an individual is working in Alaska, Hawaii, Puerto Rico, or overseas in Europe, Japan, etc., it matters not — because the application itself will ultimately end up first in Boyers, Pennsylvania, then routed to Washington, D.C.  “Local” representation becomes an irrelevancy, precisely because it is not related to any local or state issues, but rather entirely upon the Federal issue of Disability Retirement either under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for Federal & Postal Employees: The Necessary Point

Obviously, the recommendation would be to have a Federal or Postal Attorney from the beginning of the process in filing for Federal Disability Retirement benefits under FERS & CSRS; however, each individual must make the determination as to what and wherein lies the necessary point of obtaining an attorney experienced in the area. 

The problem which often arises is that each individual who personally experiences the medical conditions which impact his or her life, as the identical person who is filing for Federal Disability Retirement benefits, feels that his or her disability retirement case is a “sure thing“.  It is difficult to bifurcate and distinguish between the two:  he who feels the direct impact of a medical condition will always be the only person who “knows” how that medical condition directly impacts his or her life, as distinguished from whether or not such facts and circumstances can be properly conveyed in a convincing and persuasive manner to the Office of Personnel Management.  Of course, the one point of necessity is if a case needs to be filed with the Merit Systems Protection Board.  An attorney is not only a necessity; it is almost impossible, in my humble opinion, for an appellant to go forward on his or her own.  On the other hand, I believe the same at each point in the process.  But the “necessary point” can only be determined by each individual.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Patience and the Attorney

Attorneys have limitations.  This may be a surprise to some people; many believe that because an attorney is involved, mountains can be moved and cases can be immediately resolved.  There are always “war stories” about the worker that X knows who filed a Federal Disability Retirement application under FERS or CSRS and got it approved within a couple of weeks, and got paid immediately the day after.  One should always be suspicious of such stories; they may or may not be true, but there is never a way to verify the truth, falsity or exaggeration of such stories without directly contacting the individual. 

What is “known” for certainty is that the Office of Personnel Management is a large governmental entity; it moves slowly; “demanding” that something must get done immediately, merely because one is represented by an attorney, will not necessarily make it so.  If a client hires an OPM Disability Attorney because he or she thinks that the OPM Disability Retirement application will go to the front of the line and bypass all administrative obstacles, then there must be some misunderstanding.  A Federal Disability Attorney should be hired to represent a disabled Federal or Postal employee based upon the following criteria:  (1)  The application stands a better chance of approval at the first stage, and (2) in the event of a federal disability denial, a responsive rebuttal will continue to increase the chances of ultimate approval.  For, that is the point of legal representation — ultimate approval.  The “fight” may have many rounds; it is the ultimate round of success which the attorney is most concerned with, in order to secure the long-term future of the client. Yes, the immediate pain of waiting, of financial uncertainty, etc., is very trying, and hardships abound.  That is where patience must come in.

Sincerely,

Robert R. McGill, Esquire