FERS & CSRS Disability Retirement for Federal and USPS Workers: Knowing the Law

When an OPM Disability Attorney cites the law as a supporting, authoritative basis upon which a Federal Disability Retirement application (in part) should be approved, one hopes that the proper and relevant legal authorities are “matched” with the factual and medical issues which are presented.  When a lay, non-attorney applicant for Federal Disability Retirement application under FERS or CSRS attempts to refer to, cite, or otherwise “tie in” legal authorities as supporting authority, it is more often the case that the law is inappropriately used, referred to, and misquoted.  This is not necessarily because the law is so esoteric a discipline that non-attorneys cannot “use” the law for one’s advantage; rather, what is often the case is that too much “cutting and pasting” occurs, as opposed to actually reading the cases, statutes, and regulatory references, and attempting to first understand the import, relevance and significance of the laws, statutes, legal opinions and regulations surrounding, supporting, and directly impacting upon Federal Disability Retirement issues.  On the other hand, if you are going to file a Federal Disability Retirement application, and you decide to cite the law as supportive authority, take a word of wisdom from an ancient adage:  An individual who represents himself more often than not has a fool for a client.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement: Applicant’s Statement of Disability

In most instances, when I am asked to represent an applicant at the Reconsideration Stage, after he or she has attempted to obtain an approval at the Initial Stage without an attorney, I find that the prevailing mistake made is the exaggerated verbosity of the statement itself. The old adage from Shakespeare, which (I know) is too often quoted (and misquoted), from Hamlet, Act 3, Scene 2, where Queen Gertrude responds by saying, “The lady doth protest too much, methinks,” is indeed appropriate and applicable to this issue.

While the applicant’s statement of disability must be detailed, complete, and accurate, it must not be “overstated”. It should reflect the factual and medical integrity of the medical opinions and findings as delineated in the medical records, documents and notes; it should never exceed the medical evidence in assertions, claims or scope. Overzealous self-advocacy is often the problem in cases of disability retirement where the disabled individual represents him or herself. To this, of course, another common adage is applicable: “A person representing himself in court has a fool for a client.”

Sincerely,

Robert R. McGill, Esquire