Disability Retirement for Federal Government Employees: Timing the Legal Tools

In any administrative procedure, the use of legal tools and citations may be of limited efficacy for the process itself; it is, however, building a foundation for future application, and to that extent it provides a fair warning to the agency.

Inasmuch as any portion of obtaining an entitlement or meeting an eligibility requirement engages the applicant with a faceless bureaucracy — and one which recognizably is filled with non-lawyers, clerks, etc. — there is always the question as to why an attorney is necessary at the administrative level of adjudication.

The reason is simple:  the non-lawyer governmental worker, while perhaps not fully appreciative of the legal citations which may be argued in a particular case, is nevertheless aware of the consequences of failing to acknowledge the validity of such references.  Being audited and finding that a particular case worker has a high percentage of cases denied, then reversed on an appeal to the Merit Systems Protection Board, has an impact upon the agency worker.

Furthermore, building a foundation for future reference before an Administrative Judge — where the Judge turns to the agency’s representative and asks, “Well, how about Case X, which has already been cited by the Appellant?” — can be quite effective and often short-cuts the entire process.

For Federal and Postal Workers who are attempting to obtain Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the effective use of legal tools and citations is crucial at all levels — if only to warn OPM of the consequences of having to go before an MSPB Judge for further adjudication of the case.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: Precision of Terms

Tools and weapons can be interchangeably and effectively utilized, and often with appropriate results; however, normally the intended usage is the preferred application, especially if one desires a result of precision and craftsmanship.  Thus, while using a shotgun to hunt pheasant is entirely appropriate, it may not be the best weapon of choice to kill a squirrel (although, again, it may still be quite effective).  Or, using a corkscrew to make a hole in the drywall may be effective, but perhaps messy.  While adaptation may be a sign of higher intelligence, it may also be indicative of a lack of appropriate knowledge.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, the “shotgun” approach used by many Federal or Postal applicants is often indicative of a misunderstanding of the applicable and relevant laws which must be addressed in a Federal Disability Retirement application.  Or, there are Federal Disability Retirement applications where repetitive “name-dropping” occurs — implying some knowledge, but to a dangerously limited extent.  “Bracey”, “Trevan”, “Bruner”, and multiple other names are inserted, often in contextually inappropriate ways (including, one hesitates to add, by lawyers and law firms), as if they are characters in a mystery novel, or perhaps in an HBO detective series.  Or, general terms such as “causality”, “rating”, “maximum medical improvement”, while appropriate in other types of compensatory filings, are almost entirely meaningless for purposes of obtaining Federal Disability Retirement benefits.

Precision of terms is necessary in the endeavor of preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management; for, in the end, the effective tool is the one chosen for its intended purpose, just as man without a teleological essence, is merely a wandering ape in a jungle of arbitrary appearances.

Sincerely,

Robert R. McGill, Esquire