Much of lawyering is artistry, as opposed to science. As discretion is to experience, so choosing which issues to address is a matter of instinct and judgment based upon past experience.
There are those in life who are “bulls in a china shop” — an old adage which refers to people who just barrel through without considering the consequences. Another familiar saying is: “Discretion is the better part of valor”, which can mean many things and contains some nuances, but essentially refers to judgment of action in the face of issues to be confronted.
We no longer live in the middle ages where knights and other warriors engage in duels and valor-filled defenses of honor, but the saying itself can still be relevant in terms of discretionary judgments as to which battles to confront, which wars to engage and when to retreat, or leave “well enough alone”.
For Federal employees and U.S. Postal workers contemplating filing for Federal Disability Retirement benefits under FERS through the U.S. Office of Personnel Management, the number of issues to tackle — whether preemptively at the First Stage of the process, or in rebuttal form at the Reconsideration (Second) Stage, or even before an MSPB Judge at the Third Stage of the Process — is overwhelming.
Addressing and Rebutting each and every one is almost impossible, but nevertheless must be done. How is it done? By breaking down the complex into the simple, into manageable numbers, then addressing the overall issues and rebutting by citing the relevant case-law.
Addressing and Rebutting — the two ends of a bookcase which constitute the essence of a winning argument. Contact an OPM Disability Retirement Attorney who specializes in Federal Medical Retirement Law, and make sure to address and rebut the legal and medical major issues in every Federal Disability Retirement case.
Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.