Disability Retirement for Federal Workers: The Danger of Forecasting

The accuracy of forecasting a future event is based upon the validity of present facts and information, and generated within a program of patterns relying upon past models.  But as present circumstances can change at any given moment, and unforeseen variables can alter the patterns modeled on previous occurrences, the science of forecasting can be a precarious venture into the foolish unknown.

For Federal and Postal employees preparing to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS (although, as the latter category is becoming more of a rarity, one may forecast that in a decade or so, the designation of “CSRS” may well become expunged from the lexicon of recognizable acronyms; just another forecast).

Attempting to achieve some semblance of knowledge such that one can peacefully predict future outcomes is a natural desire; basing all hopes upon the certainty of a future forecast may be an act of monumental folly; the alternative is to have a balanced approach, and to recognize that the probability of a predicted outcome may approach a reasonable degree of certitude, but with potential pitfalls based upon unknown variables still to be encountered. Or, as most of us would do it, wet one’s forefinger, put it up into the air, and declare a bold prediction with little or no knowledge or factual basis upon which to rely.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: Not Every Case

Not every case can be won.  Attorneys often like to present a positive face for each case, and should when there are clear merits to the unique set of facts and legal criteria applicable to any particular case; but the fact is, one can read of countless trials in newspapers, legal periodicals and electronic media, and realize that not all cases result in a verdict, settlement or conclusion favorable to the initiating litigant (one could, of course, argue that as there are always two or more parties to any legal controversy, that there is always a “winner” — just not you).

Whether because of unforeseen factual turns and twists; witnesses who blurted out something harmful without necessarily being true; an unsympathetic judge assigned; or, in a Federal Disability Retirement case, a doctor who turns out to be less than supportive than one first imagined; whatever the ultimate cause or reason, the plain fact is that there is no attorney in the universe who can offer an unmitigated guarantee to the outcome of any given case.

The best which can be done is to provide an objective assessment; an explanation of the law; a sound description of the legal process; and an effort which rises above the level of mere competency.

For Federal and Postal employees contemplating filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS, selection of an attorney to represent one’s interests may be a critical factor for one’s future.

Ultimately, however, it is the Federal or Postal employee who, in his or her “heart of hearts”, will know the strength, validity and merits of one’s own case; and while not every case is meant to be won, it is nevertheless a truism in Federal Disability Retirement law that the majority of cases truly have merit, and that truth will prevail in the end.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Reputation

Reputations are made or broken based upon winning or losing; in the modern age, where presentations of personal and professional credentials and accomplishments are pasted throughout the electronic and technological media without much thought or foresight, one can come to have a skewed idea of one’s self and image.

This is an unforgiving age; one’s reputation, which may have been built over years and decades, can easily be undermined by a single loss, an accusation, or a criticism triggered in anger.

For Federal and Postal Workers who must file for Federal Disability Retirement benefits, whether under FERS or CSRS, it is understandable that because one’s Federal Disability Retirement case may be the basis for securing one’s future, that failing to secure the benefit will result in anger and dismay.

Unfortunately, not every case can be won.

In a perfect world, it would be a welcomed result to be able to conclude that one’s record of success is without blemish.  But in this imperfect world, where a doctor may hesitate to support a case; where adverse actions by an agency may play a greater role than first thought; or where an MSPB Judge may place greater weight upon the testimony of non-supportive evidence over that which should have been sufficient to meet the preponderance of the evidence test; sometimes, cases can be lost despite the best, honest and forthright efforts of everyone involved.

In the end, however, it is merely a loss to the Federal or Postal employee attempting to get Federal Disability Retirement benefits.  What efforts were made are quickly forgotten; blame must be assigned; anger must be vented.

Not every case can be won, but only the effort to be expended, and this can only be determined over time and the extended duration of one’s reputation over such time.

Sincerely,

Robert R. McGill, Esquire