Tag Archives: The role of an attorney in a FERS Disability Retirement case

Efficiency and Effectiveness

What does it mean to be “efficient”?  Is it distinguishable from being “effective”, or are the two inseparable?

In preparing, formulating and filing for FERS Disability Retirement benefits from the U.S. Office of Personnel Management, it is important to be effective in submitting a paper presentation to the Office of Personnel Management.  Efficiency, while helpful, is not necessarily a precondition in order to be effective.

In an inverse manner, the U.S. Office of Personnel Management is very effective in its procedural approach — the laws support such effectiveness, in that their decisions, time frames and arguments are effective in their very finality (leaving aside the issue of appeal rights, of course).  But is OPM efficient?  Most would argue that because of the recent inefficiencies reflected by their case-load backlog, that one could hardly describe OPM as being very “efficient”.

Thus, “effectiveness” and “efficiency” are two distinct concepts which are clearly separable.  If one were to choose which of the two characteristics one should embrace in preparing, formulating and filing for Federal Disability Retirement benefits with the U.S. Office of Personnel Management, it would clearly be the former (effectiveness), as opposed to the latter (efficiency).  For, while time will fade, the final decision of whether one gets an approval or a denial in an OPM Disability Retirement case will not.

Being effective in fighting a case is the more important of the two characteristics, and sometimes, when one needs to be effective, one is not terribly efficient in the process.

Sincerely,

Robert R. McGill, Esquire
Federal & Postal Disability Retirement Attorney

The information appearing on this blog is provided for informational use only and is in no way intended to constitute legal advice.  Transmission or receipt of any information from this blog does not create an attorney-client relationship, and you should not act or rely upon any information appearing on this website without seeking the advice of a FERS Disability Retirement Attorney.

Preempting OPM’s Arguments

It is important at all stages of a FERS Disability Retirement application for Federal employees to predict, anticipate, and preempt the arguments which the Office of Personnel Management may make, will make, and can be expected to make.  Obviously, the three main areas of such concern are: Sufficiency of medical documentation; Agency efforts for accommodation and reassignment; the impact and interconnection between one’s medical condition(s) and the positional duties of one’s job.

However, there are multiple other areas, and it is the job of an applicant filing for Federal Disability Retirement benefits, or his/her attorney, to anticipate the areas of OPM’s concerns, and to address them both factually and legally — the latter, by pointing out statutory authorities and case-law holdings directly or implicitly touching upon those very areas of concern.  Further, one should never be fooled if, in an initial denial of a FERS Disability Retirement application, the substance of a denial is fairly short or if it is detailed and lengthy; the content of a denial letter should not determine the extent of a response by an applicant at the Reconsideration Stage.

Instead, whether short, of “middle length”, or extremely detailed, a response should anticipate all areas of concern, and the applicant who is attempting to secure an approval for his or her Federal Disability Retirement benefits should always preempt any potential areas for a further denial.

Sincerely,

Robert R. McGill, Esquire
FERS Disability Retirement Lawyer

Federal Disability Retirement laws and rules are constantly changing and evolving. This is one of the reasons why we can’t guarantee the accuracy of the information found here.  Some of these legal articles might have been previously published in other websites such as the Federal Disability Attorney blog or the Federal Disability Lawyer website.  If you have questions about these articles and need to have an expert opinion about your chances of getting an early retirement due to your medical conditions, please contact the author for a free and confidential evaluation of your current situation.

Getting Legal Advice and Guidance

The worth of advice is unique in that it is valued based up multiple facets of judgments: the source of such advice; the reputation and historical successes of that source; the soundness of the advisory statement, based upon all information available; and, ultimately, the receptiveness of such advice on the part of the person who seeks it.  When advice falls upon deaf ears, of course, then the very value and effectiveness of such advice has been lost forever.

In the legal arena, there is an added component — that the attorney is unable to, for obvious ethical reasons, to render advice unless there has been established an attorney-client relationship.  The “obvious reasons” have to do with the fact that proffering advice in particular circumstances can only come about if and when an attorney has received the confidential and specific information pertaining to a “client”.  Guidance of a general nature, without reference to individualized details, can be given in a generic sense.

In Federal Disability Retirement law, where each case is unique because of fact-specific medical conditions, position descriptions which are impacted by the particularized medical conditions of the individual case, and the nexus which must arise with the interaction between the two — because of this, legal advice must be tailored within a context of an attorney-client relationship.

General guidance can be given; but the Federal or Postal employee seeking help in preparing, formulating and filing for FERS Disability Retirement benefits from the U.S. Office of Personnel Management should understand that the importance of getting good legal advice is dependent upon the value and worth the Federal or Postal employee places upon his or her unique and individualized case.

Sincerely,

Robert R. McGill, Esquire
Federal & Postal Disability Lawyer

Attorney Robert R. McGill specializes in FERS Disability Employment Law, helping Federal and Postal employees across the nation secure their Federal Disability Retirement benefits.  You may contact him over the phone to receive a free and confidential 30 minute initial case evaluation.

An Attorney’s Great Satisfaction

The final objective of the Federal Disability Retirement process is to obtain that “approval” letter from the Office of Personnel Management.  It resolves and sets aside the months of anxiety and stress compressed into a time of agonizing suspension from life’s ability to move forward; for, during that time of waiting, one cannot “move forward”, because without the knowledge of whether one can obtain the financial benefit of the FERS Disability Retirement annuity, one cannot make the decisions in life to make plans for the future.

It is of great satisfaction to an attorney to reach the “end goal” — to hear from the client that he or she has received the letter of approval from the Office of Personnel Management, and to hear the relief and joy in the voice of one who finally sees “light at the end of the tunnel” constitutes great professional satisfaction for the representing attorney. It means that the proper medical narratives were gathered; that the description of the client’s medical conditions and their impact upon the essential elements of one’s job was properly formulated; and it means that the legal argument presented to the Office of Personnel Management was persuasive.

Client satisfaction means a lot to an attorney; for one who solely specializes in Federal Disability Retirement Law, to see the end product — the obtaining of a FERS Disability Retirement annuity — is of great professional satisfaction.

Sincerely,

Robert R. McGill, Esquire
FERS Disability Retirement Lawyer

The website is only general information.  Your use of this blog does not create an attorney-client privilege nor is the information provided via the website.  Nothing published via this website is legal advice.  However, you may contact the author, Attorney Robert R. McGill, for an initial free consultation to discuss the specifics of your particular case.

OWCP Determinations

The key to effectively using collateral sources of disability determinations in a FERS Disability Retirement application is to tailor its relevance in each individual circumstance.

Thus, for example, because the focus upon percentages of disability, or the issue of causal connection to the workplace, is a focal point of importance in an OWCP/Department of Labor case, but not in cases of Federal Employee Disability Retirement.  Such issues should be left alone.  However, the fact that there may be an “independent medical examination” by a Second-Opinion doctor, or a referee doctor in a Worker’s Comp case, can be used to one’s advantage.

Often, a person who has been under the agonizing scrutiny and torture of the Worker’s Comp process will miss the point, and complain that the OWCP-appointed doctor “didn’t even exam me for 2 minutes”, or “didn’t listen to a thing I said,” but all the while missing the key ingredients in the doctor’s report:

(1) That the doctor can be effectively characterized as “independent” — not from an OWCP standpoint, but certainly from a FERS Disability Retirement standpoint, because that particular doctor has no self-interest from OPM’s viewpoint.

(2) If the doctor’s opinion is that, while the causal connection (for example) may not have been established, does he nevertheless express an opinion that the Federal or Postal employee is unable to return to perform the essential functions of his or her job?

Often, the emotional uproar in an OWCP case, or in other similar cases (SSDI & Veteran’s Department disability determinations) causes the Federal or Postal employee to miss the primary point of the process: to use the tools effectively in getting a Federal Disability Retirement application under FERS approved.  With that goal in mind, an experienced FERS Disability Retirement Attorney can help you to evaluate your medical records to identify which ones you should use as supporting documentation for your Federal Disability Retirement claim.

Sincerely,

Robert R. McGill, Esquire
FERS Disability Retirement Lawyer

The law office of Attorney Robert R. McGill, P.C., has intended to convey general information by the information contained in this blog. The information contained in this website should in no way be construed as legal advice or opinion. The intent of this website is a source for general information about Federal Disability Retirement law only.

Filing for Disability Without a Federal Disability Attorney

Sometimes I get calls all the time by people who tell me that they thought their particular Federal Disability Retirement case was a “slam dunk”; that the medical documentation was there; that everything looked like it should be approved at the first level.  Then, there are people who tell me the same thing after the second, Reconsideration denial — that he or she thought it should definitely pass through.  But law, and especially administrative law before the Office of Personnel Management, has peculiarities beyond a surface, apparent reality.

There is a process and a methodology of obtaining FERS Disability Retirement.  Can a Federal Disability Attorney guarantee the success of a disability retirement application?  No.  Does an individual applicant have a better chance with the assistance of an attorney who specializes in OPM Disability Retirement Law?  In most cases, yes.  Aren’t there applicants who file for medical retirement, without the assistance of an attorney, who are successful?  Yes.  Should everyone who files for FERS Disability Retirement hire an attorney?  Not necessarily.

When I speak to a client, I try and place him or her on a spectrum — and on one side of that spectrum is an individual who works at a very physical job, and who has such egregious physical medical disabilities; on the other side of the spectrum is an individual who suffers from Anxiety, who works in a sedentary administrative position (please don’t misunderstand — many people who suffer from anxiety fall into the “serious” side of the spectrum, and I am in no way attempting to minimize the psychiatric disability of Anxiety).

Most people, of course, fall somewhere in the middle.  Yes, I have told many people to go and file his or her disability retirement application without a Federal Disability Lawyer.  There are those cases which are so egregious, in terms of medical conditions, that I do not believe than an attorney is necessary.  However, such instances are rare.  Thus, to the question, Should everyone who files for Federal Disability under FERS hire an attorney?  Not necessarily — but in most cases, yes.

Sincerely,

Robert R. McGill, Esquire
Federal Disability Retirement Attorney

Note: The information that appears in this blog is copyrighted.  Originally written by Attorney McGill, it has been updated by the company webmaster.  This article has been previously published in other OPM Disability Retirement blogs.