Federal Disability Retirement Benefits for Federal & Postal Employees: Logic, Art & Simplicity

Logic is the pathway out of a conundrum; complexity is often the result of confusion; clarity is the consequence of simplicity.  Yes, there are complex minefields in filing a Federal Disability Retirement application under FERS & CSRS.  The complexity of the entire process is often the result of layers upon layers of legal case laws and statutory refinements and interpretations which form the entirety of the “legal criteria” which surrounds each and every application for Federal Disability Retirement.  When an individual files an application for Federal Disability Retirement benefits, he or she is often unaware of the long history of all of the applicants who preceded the singular case being presently contemplated, formulated, and projected for filing.  Instead, that individual looks upon his or her disability retirement application without regard to what preceded it.

Perhaps it is best that most applicants are unaware of the thousands of cases which have impacted the entire process over decades; yet, when the glitch occurs — when an application for Federal Disability Retirement benefits is denied — then the importance of knowing the precedent-setting cases which have impacted the various and complex issues surrounding OPM Disability Retirement come into focus.  That is why it is best to be prepared beforehand, and to understand the logic behind the laws; by understanding, to realize the simplicity of the process; and by such realization, to put together an effective Federal Disability Retirement application.  Such a process is often more than logic and law; it rises to the level of an art form.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Conflicts & Peripheral Issues

Man is the only animal who has more than one side on his mouth, and the lawyer is a special species of the animal who, unlike the limitation of the cat who only has nine lives, possesses an infinite number of geometric sides of a mouth.  Lawyers make concurrent and conflicting arguments all the time, but as long as the arguments are bifurcated and the issues kept separate and do not directly conflict or contradict, there is certainly nothing wrong with that.

In a Federal Disability Retirement case, if a Federal or Postal employee wants to pursue a collateral issue in another forum while concomitantly filing for Federal Disability Retirement benefits, there is normally no conflict or problem which arises.  But in the limited instance where a Federal or Postal employee is attempting to reverse a termination and regain a position, at some point in the process the two issues may come to a direct conflict.

Normally, however, the issue involves merely changing the underlying reasons which the Agency proposed for the termination, and it is a legitimate argument to litigate with the Agency to change the terms of the termination.

Sincerely,

Robert R. McGill, Esquire