Attorney Representation in Federal Disability Retirement Cases

Many times during the free initial consultation, I am often asked about whether or not, or how helpful, legal representation would be in an OPM Disability Retirement case.  To ask a Federal Disability 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 a Federal Disability lawyer.  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

6 thoughts on “Attorney Representation in Federal Disability Retirement Cases

  1. Lost my thumb, pointer finger on my left hand plus, I had a stroke which paralyzed my left side.

  2. I was found with a occupational disease in 2008 and have tried doing everything in my power to stay employed. Worked for 4 yrs doing the same job and 07/14 could no longer indure. And since then no jobs. Seeing a counselor for depression and need help. Always have done for myself, but no longer able.

  3. I was injured on the job and have had two shoulder surgery and still have pain. I am to have a FCE done as soon as dept. of Labor approves it. I have been on light duty and can not do my regular job. Does this qualify for Disability?

  4. Today is 6/7/2018, I just came home from a referral from my primary care Doctor (Tricare Prime) because of lower back pain and a MRI they also referred me out for. This was to see a Neurosurgery Doctor Mark C. Held, M.D., at Carolina Craniospinal Neuro , 21111 Neuse Blvd Ste A , New Bern N.C. 28560-4318. He told me by what he had seen in my MRI, surgery was the only way to correct the problem within my disc which may require screws and fusion because of a degrading / degenerating disc and a narrowed passage that the nerves pass through spine. He said the Surgery would take about 3 hours. I told him I work for Federal Government FRC-East working as a Aircraft Mechanic Worker on CH/MH-53 E Heavy Lift Helicopter for U.S. Marines and Navy. He said I would not be able to return to that job once the surgery was done. He said the Surgery should be accomplished within the next 3 to 4 months. Therapy or pain shot in is opinion would not do anything for me and is a waste of time.
    I am turning 60 years old in August.
    I started Working FERS Oct 2000.
    What are my next steps.

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