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 Disability Retirement: Sufficiency of Medical Evidence

In meeting the eligibility criteria for Federal Disability Retirement benefits under FERS or CSRS, one must obtain the proper medical documentation, meeting a “preponderance of the evidence” burden of proof, such that it is more likely than not that you are entitled to Federal Disability Retirement benefits under FERS or CSRS.  

Whether a medical report and supporting documentation satisfies the eligibility criteria is based upon the subjective interpretation of the evidence presented.  By “subjective” is meant the following:  The reviewing Claims Representative at the Office of Personnel Management, while allegedly applying a 7-part legal criteria in making a determination of eligibility for each FERS or CSRS Federal Disability Retirement application, must nevertheless make an interpretive determination based upon the sufficiency of the medical evidence, and taking into account all other evidence.  

Indeed, often the interpretation of the statutory meaning which governs all Federal Disability Retirement applications is misunderstood and misinterpreted by OPM.  That being the case, how can one expect that OPM will “get it right” when reviewing and interpreting complex medical documentation?  For example, OPM will often cite as necessary that the medical evidence was not “compelling” enough; or, that the medical evidence presented did not show that it warranted the applicant’s “total exclusion from the workplace” — despite the fact that neither of these standards are required by law.  

The sufficiency of the medical documentation is the linchpin of a Federal Disability Retirement application.  As such, it must be prepared by the treating doctor by pulling together a compendium of multiple factors.  While it need not be compelling, one thing is for certain:  quantity versus quality will not meet the sufficiency test, and it is always better to have one excellent medical report, than numerous mediocre ones.

Sincerely,

Robert R. McGill, Esquire