CSRS & FERS Medical Disability Retirement: The Treating Doctor

There is efficacy and motivational bias.  Sometimes, unintended consequences result in the coalescence of both, but where the result is unaffected by the underlying reason for acting upon an event.

In OWCP cases, the motivational bias almost always includes the intent of the Department of Labor to try and save money, and to steer the injured worker to undergo treatment (if one can call it that) and oversight with one of “the company” doctors who can quickly declare a person to be healed and ready for return to full-time duty, despite protestations of pain, discomfort and limitation of movement, all to the contrary.

It is no accident that the ever-present Worker’s Comp Nurse who infringes upon the patient-doctor relationship by imposing her presence upon each visit, agrees whole-heartedly with any such assessment of full recovery, and ignores the pleas of the patient/OWCP benefit-recipient.

By contrast, those who are filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, are encouraged to speak with their longstanding treating doctors, as opposed to merely going to a doctor whose motivational bias may stem from the source of one’s payment.

Treating doctors who have a long tenure of doctor-patient relationships have little underlying motivation to do anything but look out for the best interests of the patient.  If Disability Retirement is the best course, then that will be what the treating doctor will support.  It is ultimately the relationship that has been established over the many years, which makes for all the difference.  And that difference is worth its incalculable weight in gold.

Sincerely,

Robert R. McGill, Esquire

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

Early Retirement for Disabled Federal Workers: Areas of Practice

Invisible demarcation lines exist within each area of law, and if one envisions each such area of law somewhat like circles in a Venn Diagram, one can picture an overlap (sometimes quite significant) within the various areas of law.  

Thus, while the generic designation of “Administrative Law” might represent the primary demarcation, there will be subsets of legal practices, which include Social Security benefits, OWCP/FECA (Federal, as opposed to state OWCP attorneys), Veterans Benefits, EEOC, employment disputes, Federal Civil Rights violations, etc.  Some attorneys and law firms have specialties which include and embrace multiple disciplines; others attorneys or firms specialize in a single and exclusive area of law.  

In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, there are very few attorneys “out there” who are either experienced or have the requisite knowledge and experience to adequately represent Federal or Postal employees in putting together a compelling Federal Disability Retirement application under FERS or CSRS.  

It must be clearly understood that while preparing a Federal Disability Retirement application under FERS or CSRS may be “similar” to other areas of legal practice, the practice of Federal Disability Retirement has its own unique sets of laws, rules, criteria and statutory authorities.  Knowing one circle in a Venn Diagram does not mean that such knowledge automatically translates and crosses over into another circle.  Beware of anyone who expresses expertise in multiple areas of law; it might be that traveling in too many circles will result in a circularity of abilities.

Sincerely,

Robert R. McGill, Esquire

Federal & Postal Service Disability Retirement: Right Questions (Part 2)

Beyond asking questions of one’s self (financial; employment; future; whether one will last until regular retirement, etc.), it is also important to take a two-step process in preparing for a disability retirement application:  First, to do your own, independent research (in this day and age, internet research is the obvious first step), and Second, to contact an attorney.  By the time you contact an attorney concerning disability retirement issues, you should already have an idea as to what your intentions are. 

Hopefully, the attorney you contact will be experienced and knowledgeable concerning all aspects of Federal Disability Retirement laws under FERS & CSRS.  There are many attorneys “out there”; some attorneys do work in Social Security, Federal Worker’s Comp, etc.  Other attorneys perform work in various Federal labor matters; and still others perform work in State and private disability insurance issues.  Remember, Federal Disability Retirement is a specific, specialized field of law; it is best to retain an attorney who specializes and focuses upon your specific area of concern.  Finally, in speaking with an attorney, you should come to a point of becoming “comfortable” with that attorney:  and “comfort” comes only as a result of competent and confident advice — advice that is consistent with the facts you have gather from your prior research on the matter.

Sincerely,

Robert R. McGill, Esquire