As an OPM Disability Retirement Attorney, I am often asked questions by people of which I am unable to answer. They are not questions concerning “the law” underlying Federal Disability Retirement, but rather questions which go to my “professional discretion” as an attorney in putting together a Federal Disability Retirement packet, prepared to go forth to the Office of Personnel Management.
By “professional discretion” questions, I mean those questions which go to making decisions and choices concerning medical reports, percentage ratings received from the Veterans Administration; permanency ratings received from Second Opinion or Referee doctors, or the fact that one has reached “maximum medical improvement” and is now “permanent and stationary”, and whether to use such collateral sources of medical documentation in putting together a disability retirement packet.
The practice of law is not all objective and straight-forward; part of the “practice” of law is of an art form, based upon one’s experience, and professional discretion sharpened by repetitive experiences in working with the Office of Personnel Management and in representing Federal and Postal employees before the Merit Systems Protection Board. Further, there are some questions which I answer only for those whom I represent. I am happy to provide general information about the process of filing for FERS Disability Retirement. For those whom I represent, however, I reserve for them the art of practicing Federal Disability Retirement law.
Robert R. McGill, Esquire