Federal Employee Disability Retirement: Riddance of the debasing alloy

It is always that minor impurity which devalues the whole; “but for” the element identified as an invasive component, the rest would constitute the purity of perfections.  It is how we point fingers and bemoan the state of our own affairs; and how we make of a peripheral inconsequence the centrality of our problems.

The evil that we identify as the foundational source of a problem is merely the canard for justification, and in the end, we don’t want it to go away, but to remain as fodder to fester as the legitimate basis of an illegitimate claim.  But when it is a pervasive impurity, attached to the very essence of the composite aggregate, how do you get rid of it in the first place?  Precision by surgical selection is an impossibility; to excise it is to kill the whole, as it touches upon a vital organ which cannot be separated from the rest and residue.

In the universe of metallurgy, it is the composite attachment, interaction and interchange between various alloys which form the basis of the science itself; each possesses a characteristic unique for its particular element, yet often share traits of similarities which allows for the technician to ply the trade of forming aggregations of multiple differences into a singularity comprised by many.

In the parallel universe of people, societies, civilizations and empires, that reflection of strength through unity of diversity is merely where artifice reflects the reality of nature.  But when destructive criticism by pointing fingers at a misidentified source of impurity becomes the basis of a movement to change, then the crumbling nature of the whole begins to infect the fragile nature of each individual component, especially where independence from the other is no longer possible or practical.  In the end, riddance of the debasing alloy may not be possible, and it is often too little too late to even bother attempting a surgical separation without doing harm to the whole.

For Federal employees and U.S. Postal workers who suffer from a medical condition, however, the impurity of the singular alloy can be identified as the job itself.  It is “the job”, the position, the craft which once formed the basis of a productive “career”, but is now the impurity which harms and debases.  No longer something to look forward to, but reduced to another of the stresses of life, a surgical excision becomes necessary, and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, becomes a necessity in and of itself, in order for the rest, residue and remainder to survive.

The choice to separate the “impurity” should not be a difficult one; and while riddance of the truly debasing alloy — the medical condition itself — may not be possible for the Federal or Postal employee suffering from a chronic medical condition, at least the “other” impurities of identified stresses may be circumspectly curtailed and separated, by the mere act of preparing, formulating and filing an effective Federal Disability Retirement application through OPM.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Medical Retirement: Representation Is Not Limited

When calls of a repetitive nature occur, it is time to provide some clarification.  Often, from the very nature of a question, it becomes clear that some extent of confusion or puzzlement underlies the very question itself.

For “Federal matters” — i.e., in cases where representation by an attorney occurs before a Federal administrative body, such as the U.S. Office of Personnel Management in Washington, D.C., which is the Federal Agency which receives, evaluates, and determines all Federal Disability Retirement applications for Federal and Postal employees who are under FERS or CSRS — the attorney who represents the Federal or Postal employee can be licensed from a state which is different from the state in which the Federal or Postal employee resides.

This is why it is not necessary for the Federal or Postal employee who lives in, for example, the State of Arizona, to be represented by an attorney licensed in Arizona, for representation before the Office of Personnel Management.  Indeed, because Federal Disability Retirement Law is a very particularized field, it may simply be impractical to find a “local” attorney to represent the Federal or Postal employee in the very state in which the Federal or Postal employee resides.

Preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management is a Federal issue, not a State issue, and as such, national representation is accordingly performed by those who engage in such practice of law.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Service Disability Retirement: Each Level of the Process

Disability retirement, as I have often written about, is a process.  Each stage of the process has certain “requirements” which should be met — by “requirements”, I mean that each stage of the process (the Initial Application Stage, the Reconsideration Stage, and the Third Stage of the Process, a Hearing before an Administrative Judge at the Merit Systems Protection Board) has certain aspects of proof, certain methods of approaching the level of satisfying the burden of proof, etc.  There are, of course, the further stages of Appeal — at the Full Review at the MSPB, and the Federal Circuit Court of Appeals — but these appellate stages deal only with whether or not the Administrative Judge applied “the law” properly or not.

Thus, at the first three stages of the process, there is the necessary requirement of “winning” by submitting the proper medical and other evidence, to persuade the Office of Personnel Management and the Administrative Judge that your Federal Disability Retirement application under FERS or CSRS meets the legal criteria for eligibility.  This is the season for Reconsiderations; the Office of Personnel Management will often make many of its decisions just before Christmas, and just before the end of the year.  If an applicant under FERS or CSRS gets denied at the Initial Stage, just make sure that you hire an attorney who knows what he or she is doing, and isn’t just a “general practice” lawyer who is as blind as the next person, and will merely be one blind person leading the blind.  Each Stage of the process requires a level of expertise to meet the “requirements” necessary to satisfy that particular level; just make sure that you will be led by an attorney who not only knows what those requirements are, but further, knows how to meet those requirements.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Representation Anywhere

I receive multiple calls weekly asking whether I have a satellite office in a particular state.  The answer:  No, but Federal Disability Retirement law is a federal issue, not a state issue, and that is why I am able to represent Federal and Postal employees from all across the United States.  It matters not whether a Federal or Postal employee is in California, Alaska, Mississippi or Florida.  I have represented individuals from every state, including Alaska, Hawaii, Puerto Rico, Europe, Japan, Korea, etc.  Modern technology has allowed for such representation, and I am able to communicate with each of my clients, effectively and efficiently, via Express Mail, email, fax, telephone, cell phone, Federal Express, UPS, and every kind of electronic & physical transportation & communication system.  Modern technology certainly has its drawbacks; it has, in many ways, made life more complex.  Yet, at the same time, it has given me the honor of representing a wide range of Federal and Postal employees from everywhere, and to be able to obtain Federal Disability Retirement benefits for a wide range of interesting people, in interesting jobs, in a variety of Federal Agencies, suffering from multiple medical disabilities, ranging from psychiatric disabilities to severe and chronic physical disabilities. No, I do not have a satellite office in your state — but I am able to communicate with each of you, and represent each of you, as if I was right there in your particular town.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement: When & How to Act

When people call me to ask if they need legal representation in filing for disability retirement benefits under FERS or CSRS, I try and provide as “objective” an opinion on the matter as possible. I represent hundreds of people in filing for, and obtaining, disability retirement benefits; it is my specialty, and it is how I make a living. At the same time, however, I believe that I can be completely honest in providing guidance as to whether an individual should obtain legal representation, or needs to obtain representation.

For instance, for individuals who have already sent in their disability retirement packets to OPM (via the Agency for those still on the rolls; directly to Boyers, PA for those who have been separated from service for 31 days or more), I normally advise the applicant to wait — wait until a decision has been rendered, and hopefully the individual will not have to expend the funds for attorneys fees, and an approval will be in the mail. On the other hand, every now and then, an applicant who is waiting for a decision from the Office of Personnel Management, will describe the content and substantive materials comprising the disability retirement packet, and certain statements — during a telephone consultation with me — concerning what is stated in the applicant’s Statement of Disability, will give rise to concern, and in those instances, it may be wise to either withdraw the application, or immediately take steps to supplement the disability retirement packet.

Each FERS or CSRS disability retirement packet is unique, because each individual & individual’s medical condition is unique. That’s what makes the practice of law in the field of representing Federal and Postal disability retirement applicants so interesting, and so professionally satisfying.

Sincerely,

Robert R. McGill, Esquire