OPM Disability Retirement: Differing Perspectives

The old adage, “Walk in your fellow man’s shoes for a mile” is a saying which is meant essentially to teach a child (and many adults) to have a different perspective than one’s own, self-centered universe.  In practicing law, it is a good idea to attempt to obtain a perspective from the multitude of differing “shoes” — and this is especially important in putting together a Federal Disability Retirement application under FERS or CSRS. 

The gathering of such differing and different perspectives — that of the treating doctor; that of the applicant; that of the Agency (the Supervisor and the Agency in its determination that accommodation or reassignment is not available or appropriate for a given employee, given the particular medical conditions and the type of positional duties of the specific job which the Applicant must perform, as well as taking into account what constitutes “efficiency” in the Federal Service, etc.); and further, that of the Office of Personnel Management. 

It is the job of the Attorney representing a Federal or Postal employee in preparing a Federal Disability Retirement packet under FERS or CSRS, to pull together the various perspectives; write up and prepare, and gather the information from the multiple and differing perspectives; to neutralize those perspectives which may impact negatively upon the Federal disability retirement application; then to present the fullness of the different perspectives such that it meets the legal criteria and “perspective” of the Representative from the Office of Personnel Management:  that “ultimate” perspective which determines a “yes” or “no” in determining the viability of a Federal Disability Retirement Application.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: The Attorney’s Role

It may sound harsh; it may even sound “mean”; but I often tell my potential clients that I am not their therapist, doctor, or empathy-advisor.  I am their attorney.  When advising people to respond to an Office of Personnel Management denial with some “discretion”, it is often difficult for an individual who is so closely tied with his or her own case, to remain objective and detached.  Yet, detachment is the mark of professionalism, and that is why the old adage is true — that an individual who represents himself in court has a fool for a client. 

My job as an attorney who represents Federal and Postal employees to obtain Federal Disability Retirement benefits under FERS & CSRS must be guided with a focus of understanding the factual context, the medical conditions, the type of job, the symptomatologies manifested by the medical conditions, and apply the law governing disability retirement issues.  If I become a therapist, it detracts from my focus; if I become an empathy-advisor, I become “attached”, as opposed to de-tached.  That is not to say that I will not listen to the relevant medical background (note the confusing double-negative, which merely means that yes, I will listen, to some extent) — I certainly will.  But only to the extent that will allow me to win the case for my client.  For, that is my job:  to get an approval from the Office of Personnel Management.  If I am successful at that, then my client will have gained all the needed empathy of the world:  a semblence of financial security.

Sincerely,

Robert R. McGill, Esquire