Disability Retirement for Federal Government Employees: Distances

Somehow, proximity often makes for comfort, and thus do we have a greater sense of security if something is nearby, and distance reflects ties of both emotional and physical detachment.

The U.S. Office of Personnel Management is the Federal agency which determines all issues on Federal Disability Retirement matters.  They are located in Washington, D.C. (with the intake office for the initial acceptance and computer inputting being accomplished first by an office in Boyers, Pennsylvania).

Whether the Federal or Postal employee is working in an office in California, Nevada, Illinois or Virginia; or, perhaps, somewhere overseas in Europe, Japan, etc.; all such applications for Federal Medical Retirement must be forwarded to the U.S. Office of Personnel Management in Washington, D.C.  If the Federal or Postal employee is still with the agency, or has been separated less than 31 days from the agency, then the application for Federal Disability Retirement must first be routed through one’s agency (or, for the Postal employee, through the H.R. Shared Services Center located in Greensboro, North Carolina).

This is a “Federal” matter, not a state issue, and therefore an attorney who specializes in handling Federal Disability Retirement does not need to be an attorney licensed in the state where the Federal or Postal employee resides.

Very few local attorneys specialize in such Federal Administrative matters; as such, it is likely that an attorney who is equipped to handle such matters will be located in a different state, far away, but hopefully close to the source of the matter — near Washington, D.C. , where the issue itself is adjudicated at the administrative level.

While such distance may preclude a face-to-face meeting with the attorney, there are other safeguards which can be noted, to ensure that one’s comfort zone is left intact:  reputation, accessibility, and references.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: Local Lawyers and Federal Issues

Federal and Postal employees are particularly susceptible to harassment and hostile work environments, for two primary reasons:  First, agencies (as reflected in terms of organic microcosms of collective individuals forming an organized unit, but represented by individual men and women) tend to view themselves as little fiefdoms, circled and protected by a moat of Federal Laws rarely understood by laymen, and further empowered by secrecy and the pervasive presence of the Executive Branch of the Federal Government, and Second, through a maze and web of complex Federal Statutes, Executive Orders and internal regulations, with layers upon layers of bureaucratic anomalies, an entity which remains shrouded with an obtuse, obscure administration of procedures barely comprehensible by those who run the agency.

The third reason, of course, is that despite Federal Agencies popping up throughout every city in every state, local lawyers have failed to make it their business to become knowledgeable about Federal issues, Federal laws, and their impact upon the local population.

This is especially true of Federal and Postal employees who are contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS.  Fortunately, however, Federal issues are not limited to the state, county or city in which a legal issue arises; therefore, as an attorney who practices OPM Disability Retirement, representation can occur from one state in assisting the Federal or Postal employee from any other state — including Alaska, Hawaii, Puerto Rico, Europe, Japan, etc.  Federal issues know no boundaries; that can be a negative thing in terms of state sovereignty; but in terms of being represented for a Federal Disability Retirement case, it has the advantage of being competently handled by those who know the system.

As deteriorating work environments often lead to an increase in medical issues, so the Federal or Postal employee must often fall back upon leaving the system by filing for Federal Disability Retirement benefits.  Being susceptible to a power-centered entity often has that sort of result:  of greater medical problems; an exponential explosion of discontent; an increase in the need for rehabilitative care.

Fortunately for the Federal and Postal employee, there is the added employment benefit of Federal Disability Retirement.  Tap into that which exists for one’s advantage; the benefit is there for a reason — not the least of which is because of the stressful environment created by the behemoth called, the Federal Agency.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: Seeking an Attorney

Old methods of operating are sometimes so ingrained that accepting a different paradigm is sometimes difficult.  In normal circumstances, an individual who seeks the counsel and representation of an attorney would (and should) seek out a local attorney who is versed and experienced in the laws of one’s particular state.  Most legal issues require the counsel and representation of the state within which the legal issue arose — whether it be contractual, tort, domestic relations, or other matters — and, indeed, an attorney is generally restricted to practicing law in the state in which he or she is licensed by.  

In representing Federal and Postal employees in obtaining Federal Disability Retirement benefits from the Office of Personnel Management, however, the Federal or USPS Worker must understand that the issue to be litigated concerns a “Federal” issue, and not a state issue.  As such, an attorney who specializes in representing Federal or Postal employees to fight for Federal Disability Retirement benefits, will normally not be a “local” attorney.  

Because Federal Disability Retirement is a Federal issue, the fact that an attorney is licensed in a different state is irrelevant.  The attorney certainly needs to be a licensed attorney — otherwise, such an attorney who is not licensed should not hold himself or herself out to be an attorney.  For representation to obtain Federal Disability Retirement benefits from the Office of Personnel Management or, if the Federal or Postal employee has already filed, or been denied and filed a Request for Reconsideration with the Office of Personnel Management and was denied again and is now in need of filing an appeal to the Merit Systems Protection Board, the necessity of an attorney at any level of the process should focus upon the specialization and experience of the attorney in Federal Disability Retirement issues — and not on whether the attorney is “local” or not.  

Indeed, in all likelihood, one will not find a “local” attorney who has even an inkling of an idea what Federal Disability Retirement law is all about. Paradigm shifts are difficult to accept, but they are nevertheless necessary in a world of ever-changing circumstances.  While “going local” may be a great paradigm to adhere to in supporting local farms and local products, it is probably not a practical approach in attempting to secure Federal Disability Retirement benefits from the Office of Personnel Management.

Sincerely,

Robert R. McGill, Attorney

Federal Disability Retirement: Attorney Clarifications

In obtaining an attorney to represent a Federal or Postal worker who is contemplating filing for Federal Disability Retirement benefits for FERS or CSRS employees, various questions will often occur, which result in different answers from most other inquires concerning legal matters not related to Federal Disability Retirement issues.  For most legal matters, localization and jurisdictional limitation is the standard rule.  

Thus, where a tort occurs, or a contract is entered into, such issues will often constitute a “state” issue, and so one must often obtain an attorney who is licensed to practice law within the state that the issues arises.  However, because preparing, formulating and filing for Federal Disability Retirement benefits is a “Federal” issue, an attorney who is licensed in any given state — for instance, the state of Maryland — can represent a Federal or Postal employee who is living and working in any other state.

The question is often asked during an initial inquiry as to whether I have a “local” attorney in a person’s particular state or jurisdiction; the answer is “no”, but I represent Federal and Postal Workers from all across the United States, including Alaska, Hawaii, Puerto Rico, Europe, Japan, etc.  Furthermore, a Federal or Postal employee inquiring about the services of a particular law firm might want to consider whether practicing Federal Disability Retirement law is merely one of multiple types of cases that it handles.  

A lawyer who is a “generalist” and has many hands in multiple pots may not have the same focus as one who specializes in practicing a specific type of law — that of preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS.  Just a thought.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement Attorney: Legal Representation

Federal and Postal workers who are considering filing for Federal Disability Retirement benefits under FERS or CSRS often call and state that they are unable to find “local” representation; that when the issue of the Federal Agency or the Postal Service is brought up, local attorneys either do not handle such cases or they are obviously unfamiliar with the concepts involved.  

Representation of Federal and Postal employees to obtain Federal Disability Retirement benefits is a Federal matter, not a state issue, and therefore legal representation is not limited to an attorney who is licensed within a specific state.  Ultimately, the Agency which is the final “arbiter” of a Federal Disability Retirement application is located in Washington, D.C., and is the Office of Personnel Management.

Thus, whether an individual is working in Alaska, Hawaii, Puerto Rico, or overseas in Europe, Japan, etc., it matters not — because the application itself will ultimately end up first in Boyers, Pennsylvania, then routed to Washington, D.C.  “Local” representation becomes an irrelevancy, precisely because it is not related to any local or state issues, but rather entirely upon the Federal issue of Disability Retirement either under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire