Federal Worker Disability Retirement: Appropriate Times

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, one of the issues which every Federal and Postal employee must consider is whether to hire an attorney.

“What kind” of an attorney to hire is a fairly self-evident proposition — one that specializes (exclusively) in Federal Disability Retirement law, or at the very least, whose practice involves a significant amount of Federal Disability Retirement legal practice.  Most local attorneys have no idea about Federal Disability Retirement, and indeed, the location of the attorney is irrelevant, precisely because it is a Federal issue, and not a State one, and everything must ultimately be forwarded to the U.S. Office of Personnel Management, anyway — initially to Boyers, PA, then on to Washington, D.C.

“Whether” to hire an attorney is a more relevant issue.  As everyone believes that his or her own case is a slam-dunk case (because of the difficulty of bifurcating the subject of the Federal Disability Retirement application — the very “I” who is suffering from the medical condition itself — from the “object” of the Federal Disability Retirement application — the person of whom one is speaking about in medical reports, Supervisor’s Statement, etc.), it is often important to obtain a more “objective” assessment of the efficacy, objectivity, and coherence of descriptive delineation of the packet as a whole, from someone who can properly evaluate a Federal Disability Retirement application.

“When” to hire an attorney is also a crucial issue to confront; for, if one has already submitted a Federal Disability Retirement application, it is probably not a good idea to obtain the services of an attorney at that point.  It is best to put the investment in at the “front end” of a process, than to play catch-up for the remainder of the season.

That is what the Baltimore Orioles do each and every season — fail to put the necessary investment in at the beginning of each season — and that is why it is a hardship to be an Orioles fan.  Sigh.  But Spring brings new hope — only, not if you are an Orioles fan.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: A Federal, not a State, Issue

Filing for Federal Disability Retirement benefits under FERS or CSRS constitutes a “Federal” issue, and not a “State” issue.  What this means is that an attorney representing a Federal or Postal employee in obtaining Federal Disability Retirement benefits under FERS or CSRS is not restricted from representing that particular Federal or Postal employee because of the specific state in which a person resides.

Every now and then, it is clear that there is some confusion on this matter.  It is the Office of Personnel Management — a Federal Agency located in Washington, D.C. — which makes a determination on a Federal Disability Retirement application, for the first two (2) stages of the process.  Thus, whether a person lives in California, Hawaii, Texas, Georgia, etc., is irrelevant with respect to legal representation by an attorney who has his or her license to practice law from a state other than the one in which the prospective client resides.

As a Federal issue, and not a State issue, the jurisdictional ability of an attorney who specializes in practicing administrative law in assisting Federal and Postal employees obtain Federal Disability Retirement benefits under FERS or CSRS crosses any and all state boundaries.  What should thus be the focus in determining which attorney is the appropriate one to hire should be based upon experience, competence, reputation and “comfort level” — those criteria which should always be taken into consideration when hiring an OPM Disability Retirement attorney.

Sincerely,

Robert R. McGill, Esquire