Representation by an attorney who is licensed in one state, of a Federal or Postal employee who lives in another state, is accomplished in a Federal Disability Retirement application precisely because it is a Federal issue and not a State issue.
If an individual has a legal issue which he or she wants advice on, which concerns an event, issue or matter which involves a particular state’s laws, then obviously an attorney from the particular state should be consulted.
In obtaining a FERS Disability Retirement annuity from the Office of Personnel Management, however, it is irrelevant whether or not the attorney is from the Federal or Postal Worker’s state. For one thing, the agency which must be directly dealt with — the Office of Personnel Management — is located in Washington, D.C. (although the initial intake office is located in Boyers, PA). OPM is the agency which handles all Federal and Postal Disability Retirement applications under FERS, and makes both the Initial Decision in the process, as well as any decision at the Second, or Reconsideration Stage.
In this technologically-centered world of ours, everything can now be handled by telephone, fax, express mail, FedEx, UPS, email, email attachments, etc. It is more efficient this way, and further, there are not that many attorneys who specialize in the field of Federal Disability Retirement benefits from the Office of Personnel Management.
Robert R. McGill, Esquire
FERS Disability Retirement Lawyer
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In preparing, compiling, formulating and filing a Federal Disability Retirement application under FERS, one must prove by a preponderance of the evidence (a legal standard which has been set by statute) that a Federal or Postal worker who has a minimum of 18 months of Federal Service and suffers from a medical condition such that the medical condition prevents one from performing one or more of the essential elements of one’s particular kind of job.
The concept of “essential elements” is variously defined and expanded upon by court cases, but one way to identify the “core elements” of a particular job is to review the position description, and to extrapolate from the official description of the job. Another place, of course, is the Agency’s performance review, which will often identify the core elements.
One should never overlook the obvious, in addition to that which is identified in the position description — the fact that one is required according to the position to work full time; to be “on site” for many jobs (thereby precluding tele-commuting as a viable permanent accommodation); and certain other inherently obvious elements which are often mentioned in passing — such as sitting for long periods of time (a sedentary position); being required to stand or walk for extended periods of time; and other such “essential elements” which make up a position, and are inherently required by the very nature of the job.
Those “obvious” but often unmentioned essential elements are notable for the fundamental requirements of being able to successfully perform a job. They should not be overlooked.
Robert R. McGill, Esquire
Federal Disability Retirement Lawyer
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