Yes, it is a difficult decision to make — to come to terms with filing for Federal Disability Retirement under FERS or CSRS. It makes it all the more difficult when individuals wait until the last possible minute before calling up the attorney (me) to file for Federal Disability Retirement benefits. There have been a few times in the past (very few) when I simply could not take on a case with only a week left before the Statute of Limitations runs out. The only thing I can do at that point is to identify which forms to fill out (however imperfectly), and give the fax number and the address to Boyers, PA for the individual to file.
Remember the important point: You can always make factual, medical and legal arguments after you have filed; you cannot make any arguments if you have failed to file on time. Of course, it comes with the territory — as an attorney who exclusively represents Federal and Postal employees to obtain disability retirement benefits (there are many attorneys who practice Federal Disability Retirement law as one aspect of a larger practice which includes other areas of Federal Employment law), I understand how intertwining the medical condition is, with the anxiety and stress of filing for Federal Disability Retirement benefits, and how procrastination is often part and parcel of the medical condition itself.
At the same time, however, I take pride in doing a good job; I like to service my clients; I like to see the successful outcome. As such, I am reluctant to take on cases where there is very little time to file. I have, and will, take on cases where the Statute of Limitations is about to run out, but there must be at least some time left.
Robert R. McGill, Esquire