OPM Disability Retirement: Discretionary Judgments

There are many things in the long process of getting a Federal Disability Retirement application approved, which are purely “discretionary”, based upon one’s experience, sense of a case, an ear to listening to a client, and based upon a compendium of factors, facts and circumstances, to come up with the “best” decision on a particular issue.  A person who tries to go through the process alone, without the ear, mind, experience or judgment of an attorney who knows the process governing Federal Disability Retirement under FERS or CSRS, has to make such discretionary decisions without the benefit of past experiences.

Such decisions can range from small issues of:  how and when a treating doctor should be approached in the request for a medical narrative; how much guidance the doctor would need or want in preparing a medical narrative report; when and how to inform the agency of the pending decision to file for Federal Disability Retirement benefits, etc.; to the larger decisions, such as which medical conditions and reports to include in the final packet to be submitted to the Office of Personnel Management; and many other such discretionary decisions.  Yet, when grouped together, the complex interactions of the multiple “discretionary judgments” can often make or break a case.

Sincerely,

Robert R. McGill, Esquire

Federal OPM Disability Retirement and “the Decision”

The decision to finally go forward and start the process of filing for Federal Disability Retirement under FERS or CSRS is often a hard one.  One needs to consider multiple factors, and the process of deciding to move forward in and of itself can be a complicated one.  Such factors as the medical condition itself and how progressively deteriorating it is; whether and for how long you can “mask” the medical condition; how perceptive your supervisor is; whether your supervisor and coworkers will continue to provide cover for you, and overlook some of the growing deficiencies; whether, even if you cannot do one or more of the essential elements of your job, whether the amount and type of work you are doing are significant enough for you to continue; whether you have a good rapport and relationship with your doctor; whether your doctor will be supportive and understanding; whether your agency will suddenly and without notice place you on a PIP or file a Notice of Proposed Removal; and a host of many other reasons and factors need to be considered.  For many of these questions, an attorney who specializes in Federal Disability Retirement law under FERS & CSRS can be of help.

Sincerely,

Robert R. McGill, Esquire