Disability Retirement for Federal Government Employees: Events

Society often proceeds in starts and fits; from one event to the next; from a noted day off on a calendar; from that three-day weekend to the next; from a noted celebration; and time is then marked off and set in our minds as details to fill into the wide linear void of time. But chronicity of medical conditions counters such attempts to neatly bifurcate time into segments of comprehensible packages, precisely because there is no break in the duration of progressive deterioration.

Chronic pain is an equalizer of time; it negates and nullifies, and throws one into the deep abyss of a time when time did not exist; of a prehistoric state of being where sensation, events, environmental dangers and the necessity to survive by reacting consume and overwhelm any sense of segments of time.  Civilization and societal niceties create the neat packages of time-oriented existence; like pristine lawns in a suburban neighborhood, property-lines establish our lives like time-lines on an itinerary of a corporate employee.

How does one break that abyss of timelessness?

Federal Disability Retirement through the Office of Personnel Management, whether under FERS or CSRS, allows for that recuperative segment of time in which a Federal employee may turn to, in order to break the chronicity of a progressively deteriorating medical condition.

At least Federal and Postal employees have that option.  For many in the rest of society, the niceties of a segmented life will continue to determine one’s ability to escape that prehistoric time of timelessness.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: Attorney Representation

I am still often asked about whether or not, or how helpful, legal representation would be in a Federal or Postal Disability Retirement case.  To ask an attorney such a question is often unhelpful, for there is always the question as to how much “self-interest” an attorney has in answering such a question.  What I can state, however, is the following:  Remember that everyone believes that his or her case is a “sure thing” — this is natural, because the very individual who is filing for disability retirement is the one who is suffering from the medical condition, and so it is a very “personal” matter, and a sense of objectivity is difficult to maintain in these matters.  Second, remember that when you hire an attorney, you are not just hiring someone who “knows something” about FERS & CSRS disability retirement; instead, you should be hiring that lawyer for his or her reputation, his knowledge of the administrative & legal process with the Office of Personnel Management and the Merit Systems Protection Board, and how well he is “thought of” by OPM (i.e., how long has he been practicing in the field of Federal Disability Retirement law, does he know the people at OPM, and more importantly, does OPM know him/her?).  Finally, always keep in mind that, while attorneys can be expensive, you must always do a cost-benefits analysis, and look at the benefit you will be receiving (or not receiving) if you do or do not hire an attorney.  Disability retirement benefits are essentially a means of securing one’s financial future, and as such, the benefit to be secured is important enough to consider hiring an attorney.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Petition for Full Review

The next step beyond the Merit Systems Protection Board, of course, is a choice: You can either file an immediate appeal to the Federal Circuit Court of Appeals, or file a Petition for Review before the Merit Systems Protection Board, where the decision of the Judge at the Merit Systems Protection Board will be reviewed by a panel of 3 Administrative Judges.

Normally, I recommend taking the latter route, only because it allows for another step to win, as opposed to putting all of one’s eggs in the proverbial “one basket”. If an individual has put on a case without being represented, by going through OPM’s procedures, then putting on a case at the MSPB, I will rarely accept a case at the Petition before the Full Board level.

My reasons are essentially as follows: First, it was not “my case”. The applicable criteria to have an MSPB case reversed by filing a Petition for Full Review, is to point out an “error of law” that the Judge made. If I put on a case before an administrative judge at the MSPB, I try and put on “my case” — one that I believe in; one that I am an advocate for; one that I am passionate about, because it is a case on behalf of a client whom I represent.

That is why I win most of my cases, both at the OPM level, as well as before the MSPB. When someone else has gone through the process, it is simply not “my case”. To nitpick for an error of law that the administrative judge had made, when it was not my case, and not the case-laws that I relied upon in putting on my case, is simply something that I have little interest in doing. That is not to say that a case cannot be won at a Petition for Full Review. I have won enough of them; it is a matter of pointing out the error of law which the administrative judge made; but a passionate argument is essential to winning such a review.

Sincerely,

Robert R. McGill, Esquire