Federal Worker Disability Retirement: Appropriate Times

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, one of the issues which every Federal and Postal employee must consider is whether to hire an attorney.

“What kind” of an attorney to hire is a fairly self-evident proposition — one that specializes (exclusively) in Federal Disability Retirement law, or at the very least, whose practice involves a significant amount of Federal Disability Retirement legal practice.  Most local attorneys have no idea about Federal Disability Retirement, and indeed, the location of the attorney is irrelevant, precisely because it is a Federal issue, and not a State one, and everything must ultimately be forwarded to the U.S. Office of Personnel Management, anyway — initially to Boyers, PA, then on to Washington, D.C.

“Whether” to hire an attorney is a more relevant issue.  As everyone believes that his or her own case is a slam-dunk case (because of the difficulty of bifurcating the subject of the Federal Disability Retirement application — the very “I” who is suffering from the medical condition itself — from the “object” of the Federal Disability Retirement application — the person of whom one is speaking about in medical reports, Supervisor’s Statement, etc.), it is often important to obtain a more “objective” assessment of the efficacy, objectivity, and coherence of descriptive delineation of the packet as a whole, from someone who can properly evaluate a Federal Disability Retirement application.

“When” to hire an attorney is also a crucial issue to confront; for, if one has already submitted a Federal Disability Retirement application, it is probably not a good idea to obtain the services of an attorney at that point.  It is best to put the investment in at the “front end” of a process, than to play catch-up for the remainder of the season.

That is what the Baltimore Orioles do each and every season — fail to put the necessary investment in at the beginning of each season — and that is why it is a hardship to be an Orioles fan.  Sigh.  But Spring brings new hope — only, not if you are an Orioles fan.

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