Robert R. McGill Law Blog

     In order for an SSA approval to have an impact upon a Federal disability retirement application, the Social Security Administration's decision letter granting benefits must provide a detailed explanation as to the basis for the approval, delineating the medical basis, the medical conditions upon which the decision was made, etc.  Thereafter, the applicant can submit the decision letter, but this is where it is important to have an attorney provide the proper... Read More

     Of interest is what to do when a Social Security filing for disability benefits has been approved prior to the FERS/CSRS disability retirement application being approved.  This is a rarity, and indeed, it should logically be that way:  for Social Security disability requires a higher standard of (essentially) "total disability"; while the criteria for approval under FERS/CSRS is that of an "inability to perform the essential elements"... Read More

     As I explain to all potential clients, whether an individual should attempt to obtain Federal disability retirement benefits with or without an attorney, is an individual and personal decision, based upon a number of factors.  I place everyone on a spectrum:  on the far left side of the spectrum is a Letter Carrier who becomes paralyzed.  That person does not need me as an attorney. He/she needs to gather the medical records, fill out the forms, and... Read More

     In fighting to prove one's eligibility for Federal Disability Retirement Benefits, a recurring argument which the Office of Personnel Management often alleges is that an applicant failed to follow the treatment recommendations of the treating doctor.  Such an argument can prove to be fatal to an applicant's case, but it is good to know the parameters of what it means to "fail to follow" reasonable medical treatment.  For instance, non-compliance... Read More

     If Disability retirement were merely a matter of determining the proper diagnosis of a medical condition, and having a doctor ascribe a percentage rating of disability, then the process of disability retirement would substantively be altered, and perhaps there would be far fewer cases to adjudicate at the Merit Systems Protection Board level.  For, if the criteria were that 'cut and dry', there would be little for OPM and the applicant & the applicant's... Read More

     Without getting into too many comparisons, the laws governing disability retirement benefits are, upon reflection, actually quite reasonable.  Think about it this way:  yes, it doesn't pay a great amount, but at the same time, you are encouraged to go out and be productive in some other employment capacity, and are able to make up to 80% of what your former job pays currently; unlike the stringent and onerous OWCP/DOL laws, you are not subjected to... Read More

     There is a cyclical pattern which can be identified with the passing of time, and the Office of Personnel Management is no different from other Federal Agencies, departments, or personnel "make-up".  Summer is here; with the season of vacations and time with families, combined with an already back-logged line of cases and overworked, understaffed personnel, expect delays in receiving a decision on a disability retirement application. ... Read More

     Whether we like to admit it or not, we all operate, in all segments of our lives, from a certain "paradigm" (reference Thomas Kuhn, Structures of Scientific Revolutions), or "world-view".  When it comes to Federal Disability Retirements, the majority of Federal and Postal Workers who comes to me have a pre-formed, generally negative attitude about the chances of getting it.  This is because they have heard too many horror stories; or... Read More

     It is often a good idea to understand the process of Federal Disability retirement, in order to effectuate the best approach in winning a case.  Remember, for instance, that in all likelihood, the Applicant will not be speaking with the Benefits Specialist at the Office of Personnel Management; even if you call them (and I never recommend calling too often, for there is the "irritant" factor, which may -- thinking in purely pragmatic terms -- result... Read More

     Is it necessary for a Federal Disability Retirement Applicant to cite relevant case-laws and statutory authority when filing for disability retirement?  Or, should the medical evidence be sufficient?  Certainly, there is no statutory requirement that "the law" be referenced when filing for disability retirement.  And, further, it is normally not a good idea for a non-lawyer Federal or Postal employee to refer to case-law or... Read More