Robert R. McGill Law Blog

     As with most attorneys, I try to maintain an appearance of detached professionalism.  It is my job to provide sound legal advice; to guide the client/disability retirement applicant with logical argumentation, rational perspective, and legal foundations as to the strength or weakness of a case, and to guide my client over obstacles, around legal landmines, and through the briars and thickets of "the law".  I try to remain aloof from the inherent... Read More

     People often come to me at the 2nd (Reconsideration) Stage, or the 3rd (Merit Systems Protection Board) Stage, and ask that I correct the mistakes made in the initial filing.  Most mistakes can be corrected.  Of course, it would have been better if the Applicant had done it properly the first time, for once the Office of Personnel Management views something which should not have been submitted, it cannot be easily retracted -- only further explained.... Read More

     Never be deceptive in your filing.  Always be truthful.  To be deceptive or untruthful will harm your credibility, your case, and ultimately, may defeat your ability to obtain disability retirement benefits.  Now, there is a conceptual distinction between being "truthful" and emphasizing certain issues of your case, while leaving certain other issues as secondary and less prominent in the documents & supportive papers filed.  Thus, to... Read More

     After representing so many Federal and Postal employees over these many years, there are stories which continue to sadden me; as with all professionals, I attempt to bifurcate my life, and not get "personally" involved with my cases.  To blur the lines between providing sound and effective legal advice, and getting "involved" in the personal tragedies of my clients, would certainly undermine the professional effectiveness needed in providing for... Read More

I often get calls from people who have filed for Federal Disability Retirement benefits, from people who are represented by an Attorney but who, for one reason or another, are not satisfied with the work that the attorney has performed.  It is not, in my opinion, proper for an attorney to criticize or judge the work of another attorney, because each attorney has his or her particular methodology in the practice of law.  The fact that another attorney's methodology of practicing a... Read More

     I receive multiple calls weekly asking whether I have a satellite office in a particular state.  The answer:  No, but Federal Disability Retirement law is a federal issue, not a state issue, and that is why I am able to represent Federal and Postal employees from all across the United States.  It matters not whether a Federal or Postal employee is in California, Alaska, Mississippi or Florida.  I have represented individuals from every... Read More

It is always a hard decision to file for disability retirement benefits.  Aside from the psychological anguish which must be confronted (feelings of worthlessness or devaluation of one's worth because we live in a society which places a high value upon productivity, work, and output & competence in our jobs, despite our giving lip-service to "family", "relationships" and "community"), the potential disability retirement applicant must also make... Read More

Some believe that, when formulating and compiling a disability retirement application, that quantity of supporting documentation will win the day -- all medical reports, records, statements from friends, family, co-workers, etc.  Sometimes, however, it is better to refrain from providing everything all at once; for, if a determination is made that there is sufficient documentation to prevail in a disability retirement application, it is sometimes the wiser course to restrain the... Read More

     Remember that Standard Forms are produced with the intent of having you believe that you are constrained by the questions as posed, by the space as constrained, and by the language as restricted.  Nothing could be further from the truth.  All forms, including governmental standardized forms, are merely inquisitive templates requesting information.  If the form fails to ask the proper question, or does not pose a question such that it does justice to your... Read More

     In constructing the narrative of one's story of the human condition and how it impacts the essential elements of one's Federal or Postal job, it is important to weave the story such that it relates as a story.  Every story has a beginning and an end; every story must contain the elements of an effective narrative:  What has occurred; the symptoms; the diagnosis; how the symptoms impact upon one's ability to perform one's job; what are some of the essential... Read More