Federal and Postal Service Disability Retirement: Don’t Act with Haste

This time of year can result in Federal and Postal employees acting “in haste” — of resigning; of receiving a denial on a disability retirement application and not properly making a decision for one’s future or self-interest; of responding to Agency actions in ways which will not benefit one’s future.

The “Holidays” can be a trying time; those considering filing for disability retirement under FERS & CSRS should take the time to consult with an attorney to review all of the options open, before making any hasty decisions which may impact one’s future and career with the Federal Government.

Remember, even if the Agency is making noises to file an adverse action during this time, or is about to place you on a PIP, or is calling you in for an “investigative interview”, there is always time to respond, and in most cases, a request for an extension of time to respond should, and will, be granted.  Retaliatory agencies and supervisors love to use this Holiday Season, when time is shortened, to file all sorts of adverse actions.

Don’t respond in an inappropriate way; consult an attorney.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS disability retirement: When & how to act

When people call me to ask if they need legal representation in filing for disability retirement benefits under FERS or CSRS, I try and provide as “objective” an opinion on the matter as possible. I represent hundreds of people in filing for, and obtaining, disability retirement benefits; it is my specialty, and it is how I make a living. At the same time, however, I believe that I can be completely honest in providing guidance as to whether an individual should obtain legal representation, or needs to obtain representation.

For instance, for individuals who have already sent in their disability retirement packets to OPM (via the Agency for those still on the rolls; directly to Boyers, PA for those who have been separated from service for 31 days or more), I normally advise the applicant to wait — wait until a decision has been rendered, and hopefully the individual will not have to expend the funds for attorneys fees, and an approval will be in the mail. On the other hand, every now and then, an applicant who is waiting for a decision from the Office of Personnel Management, will describe the content and substantive materials comprising the disability retirement packet, and certain statements — during a telephone consultation with me — concerning what is stated in the applicant’s Statement of Disability, will give rise to concern, and in those instances, it may be wise to either withdraw the application, or immediately take steps to supplement the disability retirement packet.

Each FERS or CSRS disability retirement packet is unique, because each individual & individual’s medical condition is unique. That’s what makes the practice of law in the field of representing Federal and Postal disability retirement applicants so interesting, and so professionally satisfying.

Sincerely,

Robert R. McGill, Esquire