Federal and Postal Disability Retirement: A Federal Issue

Most legal issues require representation by an attorney licensed in the state where the legal matter arises. Thus, divorce proceedings; accidents and torts of various kinds where the injury occurs; contracts where they are formulated and agreed upon; negligence actions where the act occurred, etc.

But for such administrative proceedings such as the preparation, formulation and filing of a Federal Disability Retirement application with the U.S. Office of Personnel Management, whether under FERS or CSRS, the state from which the attorney received his or her legal license becomes irrelevant precisely because the practicing of Federal Disability Retirement law crosses all state lines, and does not involve any issues which are unique to a particular state at all, but rather is entirely a “Federal” issue involving Federal statutes, regulations, administrative agencies, etc.

Further, while many individuals may still express a “comfort” zone of desiring to “see” the attorney by visiting him or her in an office, such a personalized encounter may simply be an impracticality. Agencies span the entire country, and indeed, Federal workers are stationed throughout the globe in Europe, Asia, the Philippines, etc., and representation for such Federal issues as filing for, and obtaining, Federal and USPS Disability Retirement benefits from the U.S. Office of Personnel Management, is best done by an attorney who is experienced in the administrative process of law entailing all aspects of OPM Federal Disability Retirement law.

Fortunately, with modern technology, including email, fax, phone, express delivery, etc., close contact with an attorney who specializes in Federal Disability Retirement law is merely a “push-button” away. In an impractical universe, it is best to use the services of practical technology.

Federal Disability Retirement is a Federal issue, not a state one, and this should always be kept in mind when seeking representation in the matter.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: Local Lawyers and Federal Issues

Federal and Postal employees are particularly susceptible to harassment and hostile work environments, for two primary reasons:  First, agencies (as reflected in terms of organic microcosms of collective individuals forming an organized unit, but represented by individual men and women) tend to view themselves as little fiefdoms, circled and protected by a moat of Federal Laws rarely understood by laymen, and further empowered by secrecy and the pervasive presence of the Executive Branch of the Federal Government, and Second, through a maze and web of complex Federal Statutes, Executive Orders and internal regulations, with layers upon layers of bureaucratic anomalies, an entity which remains shrouded with an obtuse, obscure administration of procedures barely comprehensible by those who run the agency.

The third reason, of course, is that despite Federal Agencies popping up throughout every city in every state, local lawyers have failed to make it their business to become knowledgeable about Federal issues, Federal laws, and their impact upon the local population.

This is especially true of Federal and Postal employees who are contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS.  Fortunately, however, Federal issues are not limited to the state, county or city in which a legal issue arises; therefore, as an attorney who practices OPM Disability Retirement, representation can occur from one state in assisting the Federal or Postal employee from any other state — including Alaska, Hawaii, Puerto Rico, Europe, Japan, etc.  Federal issues know no boundaries; that can be a negative thing in terms of state sovereignty; but in terms of being represented for a Federal Disability Retirement case, it has the advantage of being competently handled by those who know the system.

As deteriorating work environments often lead to an increase in medical issues, so the Federal or Postal employee must often fall back upon leaving the system by filing for Federal Disability Retirement benefits.  Being susceptible to a power-centered entity often has that sort of result:  of greater medical problems; an exponential explosion of discontent; an increase in the need for rehabilitative care.

Fortunately for the Federal and Postal employee, there is the added employment benefit of Federal Disability Retirement.  Tap into that which exists for one’s advantage; the benefit is there for a reason — not the least of which is because of the stressful environment created by the behemoth called, the Federal Agency.

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

Federal/OPM Disability Retirement: Filing for SSA

I keep getting the same feedback that tells me that people are still receiving erroneous information: SSA disability benefits do NOT have to be applied for first before you file for OPM Disability retirement benefits. In fact, the Office of Personnel Management only needs the receipt showing that a disability retirement annuitant filed for SSA disability benefits at the time of approval. Further, OPM would actually prefer that the SSA denial was based upon reasons other than the fact that the Applicant is still working, because the coordinating off-set between SSA & FERS disability benefits would come into play; however, if an applicant files for SSA benefits & files for disability retirement benefits while still working (and, for most individuals, it is an economic necessity that one continue to work for as long as possible during the process of obtaining disability retirement benefits), then that individual will summarily be denied by the Social Security Administration based not on the medical disability claimed, but rather, upon the fact that the applicant’s current income exceeds the maximum allowed by the Social Security Administration rules governing income and eligibility for benefits based upon income. Thus, for the 50th time: a FERS disability retirement applicant does NOT need to file for SSA disability benefits before filing for OPM disability retirement benefits. At some point in the process, prior to, or at the time of approval by OPM, the individual should file, obtain a receipt of filing, and fax it to OPM.

I hope this clarifies the issue.

Sincerely,

Robert R. McGill, Esquire