Federal Employee Medical Retirement: Another Day to Fight

I often tell young people who are contemplating going to Law School that, to become a lawyer, one must accept a life of constant contentiousness.  While “professional courtesy” in the field of practicing law is often spoken about, and courtroom decorum is indeed important to maintain, it is nevertheless a profession which faces controversy, contentiousness, debate, disagreement — and, yes, disagreeableness.

One might think that in the field of Administrative Law, such as Federal Disability Retirement law, where the singular issue is whether a Federal or Postal employee is eligible for Federal Disability Retirement benefits, that the level of confrontation and contentiousness may be limited.  It is not.

This is because the emotional, mental, financial and future security of an individual is at stake.  At any given moment in time, the client who is counting on getting an approval from the Office of Personnel Management, may feel the anguish of the wait.

It is up to the Attorney who represents the Federal or Postal employee to win the fight, and to know that so long as there is another day to fight, there is always a chance that the client will obtain the Federal Disability Retirement benefit that he or she rightfully deserves.  Today or tomorrow is another day to fight, and it is another day of contentiousness which is worth it, because that is what we are paid to do.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for Federal & Postal Employees: The Necessary Point

Obviously, the recommendation would be to have a Federal or Postal Attorney from the beginning of the process in filing for Federal Disability Retirement benefits under FERS & CSRS; however, each individual must make the determination as to what and wherein lies the necessary point of obtaining an attorney experienced in the area. 

The problem which often arises is that each individual who personally experiences the medical conditions which impact his or her life, as the identical person who is filing for Federal Disability Retirement benefits, feels that his or her disability retirement case is a “sure thing“.  It is difficult to bifurcate and distinguish between the two:  he who feels the direct impact of a medical condition will always be the only person who “knows” how that medical condition directly impacts his or her life, as distinguished from whether or not such facts and circumstances can be properly conveyed in a convincing and persuasive manner to the Office of Personnel Management.  Of course, the one point of necessity is if a case needs to be filed with the Merit Systems Protection Board.  An attorney is not only a necessity; it is almost impossible, in my humble opinion, for an appellant to go forward on his or her own.  On the other hand, I believe the same at each point in the process.  But the “necessary point” can only be determined by each individual.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement Benefits for Federal & Postal Employees: Point of Necessity

Just as one should purchase insurance based upon the worst-case scenario, so one should generally prepare for anything in life with unexpected consequences in mind.  This is similar to the proper approach in preparing, formulating, deciding, and filing a Federal Disability Retirement application under FERS & CSRS.  People will often call an attorney only when he or she “thought it necessary”.  But who determined the point of necessity?  If the individual who determines the point of necessity is the same person who finds him or herself at the point of necessity, then it is often too little too late. 

Can most cases be reversed and won even after an initial denial?  Yes.  Can most cases be reversed and won even after a second denial at the Reconsideration Stage?  Yes.  Can most cases be reversed and won even after an initial denial, a denial at the Reconsideration Stage, then an adverse Initial Decision by an Administrative Judge at the Merit Systems Protection Board?  Perhaps.  How about thereafter?  You are then asking if, after all of the facts have been put forth, after all of the stages of consideration by the administrative process of filing for Federal Disability Retirement benefits, whether an error in the application of the law can be found.  Yes, at each state of the process, a Federal Disability Retirement application can be won; however, remember the the “point of necessity” is not best determined by the one who thinks it is finally necessary; it is often best determined by an experienced OPM Disability attorney.

Sincerely,

Robert R. McGill, Esquire