Every Federal Disability Retirement application contains some problems. The ones which don’t — and they are few and far between — are what some call that rare “slam dunk case”. But when it is characterized as such, the honest attorney — and the undersigned author of this blog considers himself such — simply tells the caller: “Gather your medical records; fill out the forms and submit the packet; you don’t need a lawyer.”
All other type of cases have inherent problems, which comes with the territory. For, when you deal with an agency which neither applies the law, nor is unbiased in its review and evaluation of each case; and, where the Agency believes that the money it is saving is tantamount to a protection of the evaluator’s personal bank account — well, you know and can guess what happens.
As every case is problematic, so every case has to be fought for. A lifetime Federal Annuity (well, somewhat, as it is actually only until age 62, and then the Federal Disability Annuity is recalculated based upon the total number of years of service, including the time spent on FERS Disability Retirement) is not something that is easily given up by the U.S. Office of Personnel Management or the Federal Government; as such, it must be fought for.
This FERS Disability Attorney — the author of this blog — fights on behalf of his clients throughout all 3 stages of the process. Other firms will often charge for each stage separately, or only for the first 2 stages, then abandons the client after that.
In having represented many, many clients over many years, one gets a “sense” of whether a Federal Disability Retirement case will be approved at the First Stage of the process, or whether there will be a “fight” and it will take either the Reconsideration Stage or the MSPB before a “win” is acquired. Yet, there have been many, many cases when this attorney has also been wrong about this alleged “Sixth Sense” on any given case, and where OPM approved the case at the First Stage, even when the case is not overwhelming strong.
In such cases, it is good to be wrong.
Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.