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    Remember that life brings with it difficulties; Easter is a time of reflection and contemplation.  During the time of filing for disability retirement, at any stage of the process, it can be, and is, a time of stress and uncertainty.  However, bear through it with confidence and reliance that all will turn out well in the end.  Spend time with your family; enjoy the health that you have.  Happy Easter.

Sincerely, Robert R. McGill, Esquire

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FERS and CSRS disability retirement applicants are especially "vulnerable" because of the inherently precarious financial situation that an applicant often finds him/herself in, and often desperate need for an approval from the Office of Personnel Management.  Most of the cases that I represent are approved at the First Stage; upon a denial, however, it is necessary to go to the Second Stage, or the "Request for Reconsideration Stage."  An invidiual has 30... Read More

     There are two elements:  competency/knowledge, on the one hand, and authority/power on the other.  When the two come together, we then have the combination resulting in a reasoned decision.  It is indisputable that an Agency has the authority and power to make administrative decisions.  On the other hand, if the Agency makes a decision without the proper competency or knowledge, then it can become a problem.  In reviewing a denial letter... Read More

The issue of Agency Accommodations -- whether or not an agency can truly "accommodate" an individual; what constitutes a legal accommodation as opposed to temporary light-duty arrangements which do not constitute legally viable accommodations under the standards as expressed in Bracy v. OPM and other cases -- keeps coming up in the form of questions and concerns. Let me just state a few thoughts: First, obviously, the best scenario is if the Agency checks off block... Read More

     At each state of attempting to get a Federal disability retirement application approved, it is important to "remember the details".  For example, at the Merit Systems Protection Board level, in conducting a Hearing, remember that if the best medical evidence/tesitmony you are able to provide is through a health professional other than an "M.D." (e.g., a therapist, a Nurse Practitioner, a Chiropractor, etc.), always point out the unique... Read More

     Some have asked me whether acceptance of a temporary light duty assignment is of concern in a disability retirement application.  If you look at SF 3112B (Supervisor's Statement), Section E(3), the question is whether the employee has "been reassigned to 'light duty' or a temporary position?  If the Supervisor answers "No", then of course there is no issue which would arise which would impact a disability retirement application; if the... Read More