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 Disability Retirement: Attorney Clarifications

In obtaining an attorney to represent a Federal or Postal worker who is contemplating filing for Federal Disability Retirement benefits for FERS or CSRS employees, various questions will often occur, which result in different answers from most other inquires concerning legal matters not related to Federal Disability Retirement issues.  For most legal matters, localization and jurisdictional limitation is the standard rule.  

Thus, where a tort occurs, or a contract is entered into, such issues will often constitute a “state” issue, and so one must often obtain an attorney who is licensed to practice law within the state that the issues arises.  However, because preparing, formulating and filing for Federal Disability Retirement benefits is a “Federal” issue, an attorney who is licensed in any given state — for instance, the state of Maryland — can represent a Federal or Postal employee who is living and working in any other state.

The question is often asked during an initial inquiry as to whether I have a “local” attorney in a person’s particular state or jurisdiction; the answer is “no”, but I represent Federal and Postal Workers from all across the United States, including Alaska, Hawaii, Puerto Rico, Europe, Japan, etc.  Furthermore, a Federal or Postal employee inquiring about the services of a particular law firm might want to consider whether practicing Federal Disability Retirement law is merely one of multiple types of cases that it handles.  

A lawyer who is a “generalist” and has many hands in multiple pots may not have the same focus as one who specializes in practicing a specific type of law — that of preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS.  Just a thought.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: The Initial Step Is the Most Difficult

I find that the initial step in filing for Federal Disability Retirement is the most difficult step for people to take.  It is often a psychological block.  I have spoken on this issue in the past.  For a Federal or Postal worker, especially in these constrained economic times where the job market outside of the Federal Sector appears restrictive, at best, the pressure of one’s medical conditions and the impact upon one’s job, results in an anxiousness when it comes to filing for federal disability retirement under FERS or CSRS.  Certainly, it is a significant pay cut.  Certainly, it is a worry that — although one may be able to make up to 80% of what one’s (former) Federal salary currently pays — it may be that the private sector may not offer the opportunities to make up the difference in the pay cut.  Yet, the choices are often stark and untenable; for, at some point, it becomes clear that one’s medical conditions prevents one from performing the essential elements of the job. 

As such, the only and best choice is to move forward:  in fact, even in this economy, creativity will be rewarded.  Private companies actually find independent contractors who carry his or her own health insurance a plus; part-time work is offered more readily in a bad economy precisely because it allows for companies to obtain necessary work and skills without having to pay the “extra” benefits.  The initial step is the most difficult; after stepping beyond the difficulty, Federal and Postal workers who obtain disability retirement benefits find that there is a different and better future — even in this economy.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Always Verify Submissions

The old saying:  Measure twice, cut once, can be adapted here:  Verify twice, submit once.  I am always surprised by Federal and Postal employees who have filed for Federal Disability Retirement benefits under FERS or CSRS to hear that a document, a submission, a Request for Reconsideration, an appeal, etc., was sent to the Office of Personnel Management by regular mail, with no manner of verification.  While I have great respect for the personnel who work at the U.S. Postal Service as well as the Office of Personnel Management, such issues have nothing to do with individual competence; instead, it has to do with the recognition that all oversized agencies (do we even have to argue as to what is defined as an “oversized agency”?) have their internal mail problems — not only of sending or receiving mail, but getting it to the right person, etc.  Not everyone needs to be overly “verification-sensitive” like I am, but my methodology for every document forwarded to OPM is as follows:  faxed (with a print-out of a receipt showing that the fax went through), as well as an express mail or FedEx tracking number.  Verify twice, submit once.  The Office of Personnel Management has never won an argument with me that they “never received it.”

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