Federal & Postal Service Disability Retirement: Personal v. Objective

Filing for Federal Disability Retirement benefits is a personal matter.  It is personal precisely because it is considered as an admission of a disability; it goes to the heart of what a person does in life — one’s livelihood, one’s means of support; and it goes to the perception in our society of the “worth” of an individual — financial worth, productive worth, worth in terms of the ability to support a family, and worth in terms of one’s contribution to society.  Because it is so personal, it is difficult to “objectively” assess and evaluate a disability retirement claim, by the individual who is thinking about filing for such a benefit. 

That is often why it is important to have an attorney represent an individual who is considering filing for Federal Disability Retirement benefits.  Often, when I am hired at the second or third Stage of the process, I read the initial submissions of the client, and find that the “personal” has indeed overtaken the “objective”, precisely because the very subject of the disability retirement process — the applicant — had to undertake the very personal process himself/herself.  Such personal subjectivity cannot see beyond the very personal nature of the medical condition, and when that happens, it is almost too personal for the OPM representative to make an objective assessment of the case.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Spouse

I find that when a person is filing for Federal Disability Retirement benefits under FERS, an important component which is often overlooked is the supportive spouse.  I often get calls concerning various aspects of the Disability Retirement process — not from the applicant, but from the spouse.  And, indeed, this is natural, because often the medical condition itself is serious enough that the applicant is unable to “handle” or “deal with” the complexities of the process itself.  It becomes further complicated when the medical condition which is suffered is a psychiatric condition — severe Major Depression, anxiety, panic attacks, suicidal ideations, etc.

However, whether it is psychiatric or physical, a supportive spouse — or “significant other” — is often very, very important to the success of the entire process.  Obviously, as an attorney who represents “the Client“, I must be careful that there is never a conflict between the Applicant (my client) and “the spouse”, but that is rare.  In almost all cases, I find that the spouse is looking after the best interest of my client, and I am happy to talk to and update the spouse on any and all issues surrounding a FERS Disability Retirement case, because I know that he/she is looking after the best interests of my client, just as I want to.

Sincerely,

Robert R. McGill, Esquire
Federal Disability Retirement Attorney