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

The practice of the philosophical school of “Pragmatism” is what many Americans associate themselves with — precisely because America was, and continues to be (as of late, anyway), a country which invents, manufactures, creates, etc., and prides itself on its technological “forward-thinking” ways.

Pragmatism is a uniquely American philosophical approach — one in which William James (an American) had an influence upon, where the methodology of determining truth consisted in the combination of the correspondence theory of truth and what he considered a “coherence” theory of truth, where not only did a given statement need to have a correspondence with the physical world, but moreover, the entirety of the statement had to “cohere” with other statements asserted.  Pragmatism is an “applied” approach.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is always important to remember the “nuts and bolts” of putting together a Federal Disability Retirement application.  In other words, one must take a very “pragmatic” approach to the entire administrative process.

From dealing with doctors who may be skeptical about his or her ability to relate a medical condition to one’s positional duties in the Federal government or in the Postal Service; to making sure that the Human Resources department assists in processing the Federal disability retirement application; to writing an effective and compelling Applicant’s Statement of Disability — these are all considerations where the subject of the application — the very person who is suffering from the medical condition — must set aside the anxieties, frustrations and fears, and set about to pragmatically put together an effective Federal Disability Retirement application.

As “pragmatism” finds its roots in the Greek word pragma, from which we get the words “practical” and “practice”, so it is important to consult with those who have the experience in the very practice of Federal Disability Retirement law.  Indeed, coherence and correspondence are two traits which the Office of Personnel Management looks for in a Federal Disability Retirement application.  William James would have been a good lawyer for Federal Disability Retirement law.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: The "Lost Cause" Case

Often, an approval for a Federal Disability Retirement case will come in the mail, and the client will state, “I never thought I would see it approved.”  It is the job of an attorney who specializes in any area of law, to win the case.  In representing Federal and Postal employees to obtain Federal Disability Retirement benefits under FERS or CSRS, the ultimate “win” is to get the approval from the Office of Personnel Management. 

Some cases are harder to get approved than others; then, there are the “Lost Cause” cases — ones which, for one reason or another, seem to encounter greater obstacles:  from agencies which attempt to undermine the Federal Disability Retirement application, to adverse termination proceedings prior to the filing of a Federal Disability Retirement application; to insufficient medical documentation; and multiple other reasons, there are cases which appear to be lost causes.  Yet, so long as there is another stage of appeal, and so long as there is sufficient merit to a case, one should never give up.  Lost causes are especially triumphant moments for the attorney representing a disabled Federal employee.  For an OPM Disability Retirement case, it is especially sweet to obtain that letter of approval from the Office of Personnel Management, for that case which the client himself/herself believed as a “lost cause”.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: Miscellaneous

Some cases take months to win; others, merely a week or so.  In some Disability Retirement applications under FERS or CSRS, a half-page report of substantive medical evidence is enough; in other cases, it is the compilation of voluminous material which must be argued and persuasively emphasized, in order to convince the representative at the Office of Personnel Management that the Federal or Postal employee is entitled to Federal Disability Retirement benefits. 

Professionally, it gives me no greater satisfaction when a case takes a week, or if it is approved based upon a half-page medical report, than if it takes months or volumes of medical evidence:  an approval by any means results in the satisfaction of a client.  There a some cases in which a client “grumbles” when I am hired, paid, and am able to reverse an OPM decision within a week; but I try and explain to all clients that when you hire an attorney, you hire the attorney not only for his professional competence, knowledge and experience, but also for the reputation that an attorney brings to the forum.  I have attempted to build a reputation of integrity with the Office of Personnel Management, and there are many times when OPM will reverse their previous decision upon my entering my appearance into a case.  I share this fact with great humility, and an appreciation that one’s reputation still means something in this world.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: The Decision (Again)

Yes, it is a difficult decision to make — to come to terms with filing for Federal Disability Retirement under FERS or CSRS.  It makes it all the more difficult when individuals wait until the last possible minute before calling up the attorney (me) to file for Federal Disability Retirement benefits.  There have been a few times in the past (very few) when I simply could not take on a case with only a week left before the Statute of Limitations runs out.  The only thing I can do at that point is to identify which forms to fill out (however imperfectly), and give the fax number and the address to Boyers, PA for the individual to file. 

Remember the important point:  You can always make factual, medical and legal arguments after you have filed; you cannot make any arguments if you have failed to file on time.  Of course, it comes with the territory — as an attorney who exclusively represents Federal and Postal employees to obtain disability retirement benefits (there are many attorneys who practice Federal Disability Retirement law as one aspect of a larger practice which includes other areas of Federal Employment law), I understand how intertwining the medical condition is, with the anxiety and stress of filing for Federal Disability Retirement benefits, and how procrastination is often part and parcel of the medical condition itself.  At the same time, however, I take pride in doing a good job; I like to service my clients; I like to see the successful outcome.  As such, I am reluctant to take on cases where there is very little time to file.  I have, and will, take on cases where the Statute of Limitations is about to run out, but there must be at least some time left.

Sincerely,

Robert R. McGill, Esquire