CSRS & FERS Disability Retirement: Decisions, Decisions

I am often asked questions by people of which I am unable to answer.  They are not questions concerning “the law” underlying Federal Disability Retirement, but rather questions which go to my “professional discretion” as an attorney in putting together a Federal Disability Retirement packet, prepared to go forth to the Office of Personnel Management. 

By “professional discretion” questions, I mean those questions which go to making decisions and choices concerning medical reports, percentage ratings received from the Veterans Administration; permanency ratings received from Second Opinion or Referee doctors, or the fact that one has reached “maximum medical improvement” and is now “permanent and stationary”, and whether to use such collateral sources of medical documentation in putting together a disability retirement packet. 

The practice of law is not all objective and straight-forward; part of the “practice” of law is of an art form, based upon one’s experience, and professional discretion sharpened by repetitive experiences in working with the Office of Personnel Management and in representing Federal and Postal employees before the Merit Systems Protection Board.  Further, there are some questions which I answer only for those whom I represent.  I am happy to provide general information about the process of filing for disability retirement.  For those whom I represent, however, I reserve for them the art of practicing Federal Disability Retirement law.

Sincerely,

Robert R. McGill, Esquire

Federal & Postal Service Disability Retirement: Right Questions (Part 2)

Beyond asking questions of one’s self (financial; employment; future; whether one will last until regular retirement, etc.), it is also important to take a two-step process in preparing for a disability retirement application:  First, to do your own, independent research (in this day and age, internet research is the obvious first step), and Second, to contact an attorney.  By the time you contact an attorney concerning disability retirement issues, you should already have an idea as to what your intentions are. 

Hopefully, the attorney you contact will be experienced and knowledgeable concerning all aspects of Federal Disability Retirement laws under FERS & CSRS.  There are many attorneys “out there”; some attorneys do work in Social Security, Federal Worker’s Comp, etc.  Other attorneys perform work in various Federal labor matters; and still others perform work in State and private disability insurance issues.  Remember, Federal Disability Retirement is a specific, specialized field of law; it is best to retain an attorney who specializes and focuses upon your specific area of concern.  Finally, in speaking with an attorney, you should come to a point of becoming “comfortable” with that attorney:  and “comfort” comes only as a result of competent and confident advice — advice that is consistent with the facts you have gather from your prior research on the matter.

Sincerely,

Robert R. McGill, Esquire