The Law of Salvage and Federal Disability Retirement Compensation

The concept is derived from maritime law, where recovery of ship or cargo at sea left to abandonment and forfeiture should be duly compensated of a value commensurate with the worth of the property salvaged.  The ocean is a perilous expanse, fraught with dangers encompassing weather, treacherous beneath-the-surface terrain, and potential piracy; and it is within this context of the magnitude of dangers to be faced, that the equitable principles of maritime law are applied. And isn’t that what one must do in most phases and contexts of life?

The measurement of future potential consequences, compared as against the benefit to be received, the compensation considered, which should determine the value of the services rendered.  Thus is a lifetime annuity measurable, not only in terms of the net amount, but also taking into account the economic stability which it promises, the future security it provides, and the potential for a life allowed.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS or CSRS, or CSRS Offset, must be viewed in this light; for the benefit to be received is almost immeasurable:  Beyond the annuity amount itself, it provides for the capacity of the Federal or Postal worker to be compensated in order to attend to one’s medical condition; the time that one is on Federal Disability Retirement counts towards the total number of years of service, such that when the Federal Disability Retirement annuity is recalculated at age 62, those years one was on Federal Disability Retirement counts towards the total number of years of service; and while one is receiving Federal Disability Retirement, one may work at a private sector job and make up to 80% of what one’s former position currently pays; and many, many other benefits and factors to be considered.

Medical conditions tend to create havoc, and leave an appearance of a life left in tatters; but Federal Disability Retirement is a benefit which can bring about a stabilizing force of foundational security; and just like the Law of Salvage in maritime law, consideration in filing for Federal OPM Disability Retirement should be commensurate with the value to be received in salvaging one’s livelihood, career, and future contentment.

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

OPM Disability Retirement: Differing Perspectives

The old adage, “Walk in your fellow man’s shoes for a mile” is a saying which is meant essentially to teach a child (and many adults) to have a different perspective than one’s own, self-centered universe.  In practicing law, it is a good idea to attempt to obtain a perspective from the multitude of differing “shoes” — and this is especially important in putting together a Federal Disability Retirement application under FERS or CSRS. 

The gathering of such differing and different perspectives — that of the treating doctor; that of the applicant; that of the Agency (the Supervisor and the Agency in its determination that accommodation or reassignment is not available or appropriate for a given employee, given the particular medical conditions and the type of positional duties of the specific job which the Applicant must perform, as well as taking into account what constitutes “efficiency” in the Federal Service, etc.); and further, that of the Office of Personnel Management. 

It is the job of the Attorney representing a Federal or Postal employee in preparing a Federal Disability Retirement packet under FERS or CSRS, to pull together the various perspectives; write up and prepare, and gather the information from the multiple and differing perspectives; to neutralize those perspectives which may impact negatively upon the Federal disability retirement application; then to present the fullness of the different perspectives such that it meets the legal criteria and “perspective” of the Representative from the Office of Personnel Management:  that “ultimate” perspective which determines a “yes” or “no” in determining the viability of a Federal Disability Retirement Application.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Creativity Is Important In the Applicant’s Statement

It is important to creatively inter-weave facts, feelings, medical impact, symptoms and conditions into a persuasive Applicant’s Statement of Disability.  It should not be overly emotional; it should not be voluminously long; it should not be preachy; it should not be written as a doctor would write it.  It is the Applicant’s Statement of Disability, and it should be from the Applicant’s perspective; but as with every writing, the “audience” to whom anything is written, must always be kept in mind.  Remember that the audience is a reviewing Office of Personnel Management representative — one who is evaluating, analyzing, and making a decision upon the application for disability retirement. 

Of course the independent attachment of medical documentation will be persuasive; of course a review of the position description will have an impact; and of course the analysis of comparing the medical condition with the type of job one has will be scrutinized and will be relevant.  It is the applicant’s statement of disability, however, which will most often be the determining factor.  That is why such a statement must creatively weave all of the various aspects of a disability retirement application — facts, emotions, job impact, medical impact, doctor’s statement, personal statement, impact statement — all in a bundle, all inter-weaving, all in a persuasive, creative description.

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 Disability Retirement & the Economy

I have been asked, via multiple emails, of my opinion concerning the right time to file for disability retirement, given the state of the current economy. I am not an economist; I am an attorney who specializes in obtaining disability retirement benefits for Federal and Postal employees under FERS & CSRS. With that prefatory caution, let me state that I am an optimist, and always see the glass as “half full” as opposed to “half empty”.

First, if a Federal or Postal employee can no longer perform the essential elements of one’s job, then it is probably time to file for disability retirement. Second, while disability retirement does not pay a great amount of money, it is a base annuity which allows one to go out and start a “second career”, and make up to 80% of what a person’s former position presently pays, on top of the disability annuity. Further, because disability retirement allows one to retain one’s health insurance benefits, such an individual can be an attractive candidate to a private employer, because of the lack of need to insure the person in the course of his/her the second career. Third, in a tough economy, part-time employment is often more available, and so it is often a good economy for individuals who have a base annuity to rely upon, and who are looking for supplemental income. In any event, one should always look at disability retirement benefits as an opportunity to preserve one’s deteriorating health, and move on to pursue other avenues of opportunities.

Sincerely,

Robert R. McGill, Esquire