federal employees’ compensation disability claim

I am still often asked about whether or not, or how helpful, legal representation would be in a Federal or Postal Disability Retirement case. To ask an 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 CSRS or FERS 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 an attorney. OPM 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

The Applicant’s Statement of Disability is a very personal statement; that is precisely why when I take on cases at the Second (Reconsideration) Stage, or at the Merit Systems Protection Board stage, I have an opportunity to read heart-felt, personal, and very “emotional” statements written by the individual applicant. This is not to be negatively critical of such statements — such personal, emotionally-charged statements can be very effective.

On the other hand, it is precisely because the Applicant who writes such a statement — about his or her own personal engagement and experience of the disability — that he or she is unable to provide an objective perspective. It is very difficult to “stand outside” of one’s self and write about one’s self. Again, this is not a negative criticism — it is simply what it is.

As an aside, I have had many of my clients who read my interpretive statement of disability, which I craft based upon multiple sources (i.e., by speaking to the client; by having my client fill out a short questionnaire; by reading the medical reports and records, etc.), who tell me later that, yes, the statement of disability accurately reflected their state of medical disability, and further, that it made him or her realize for the first time how “bad off” they were.

It takes a perspective of objectivity to creatively — and accurately — depict one’s own medical disability and the impact of such disability upon one’s life. For this, a third party — often an attorney — is needed.

Sincerely,

Robert R. McGill, Esquire

My Federal Disability

Helping Federal & Postal employees to get OPM Disability Retirement Benefits under FERS

Tag Archives: federal employees’ compensation disability claim

FERS Disability Retirement: Attorney Representation