Robert R. McGill Law Blog

Federal Disability Retirement: The Decision

Friday, October 23, 2009 by Robert R. McGill

I have often spoken about the "process" of filing, but that mostly concerns the administrative ordeal of filing:  of preparing, of gathering the medical documentation, of writing up the proper applicant's statement, of putting together the legal arguments in support thereof, etc.... Read More
Posted at 21:06 PM  |  PERMALINK
Topic: Administrative Law

Federal Disability Retirement: the Spouse

Thursday, October 22, 2009 by Robert R. McGill

I find that when a person is filing for Federal Disability Retirement benefits under FERS or CSRS, an important component which is often overlooked is the supportive spouse.  I often get calls concerning various aspects of the Federal or Postal Disability Retirement process -- not from the applicant, but from the spouse.

... Read More
Posted at 18:10 PM  |  PERMALINK
Topic: Administrative Law

Federal Disability Retirement: After a Resignation

Wednesday, October 21, 2009 by Robert R. McGill

Anyone and everyone who has followed my blogs or my more lengthy articles knows that an individual has up to one (1) year to file for Federal Disability Retirement benefits under FERS or CSRS, after being separated from Federal service.  The clock begins to run upon a resignation by a Federal employee.... Read More
Posted at 19:00 PM  |  PERMALINK
Topic: Administrative Law

Federal Disability Retirement: Agencies Rarely Accommodate

Tuesday, October 20, 2009 by Robert R. McGill

For whatever reasons, Federal Agencies rarely accommodate an individual who has a medical condition which impacts one or more of the essential elements of one's job.  Whether the Supervisor is too busy to craft a viable accommodation plan,... Read More
Posted at 18:47 PM  |  PERMALINK
Topic: Administrative Law

Federal Disability Retirement in a Tough Economy

Monday, October 19, 2009 by Robert R. McGill

Healthy individuals may wonder why, in such a tough economy, an individual would consider filing for Federal Disability Retirement under FERS or CSRS.  This is an economy which has been shrinking and shedding employees. ... Read More
Posted at 17:30 PM  |  PERMALINK
Topic: Administrative Law

Federal Disability Retirement: Agency's Power

Friday, October 16, 2009 by Robert R. McGill

I hear it in both the content of the question and the anxiousness in the voice of a potential client seeking representation to obtain Federal Disability Retirement benefits under FERS or CSRS:  Can the agency influence the application negatively?... Read More
Posted at 17:53 PM  |  PERMALINK
Topic: Administrative Law

Federal Disability Retirement: OPM's Rationale

Wednesday, October 14, 2009 by Robert R. McGill

Too much time is often spent on the "rationale" or "reasons" for a denial from the Office of Personnel Management, under the "Discussion" Section of a denial letter.  By "time spent", however, is not meant that one should not select... Read More
Posted at 15:54 PM  |  PERMALINK
Topic: Administrative Law

FERS & CSRS Disability Retirement: Reconsideration Decisions

Tuesday, October 13, 2009 by Robert R. McGill

Types of reconsideration decisions denying an applicant his or her Federal Disability Retirement benefits under FERS or CSRS can and do span the entire spectrum, depending upon the OPM representative who writes up the decision:  from half a page (barely giving a passing, respectful review to a packet which took multiple hours to put together)... Read More
Posted at 16:32 PM  |  PERMALINK
Topic: Administrative Law

OPM Disability Retirement: Don't Confuse the Standards

Monday, October 12, 2009 by Robert R. McGill

People who call me for advice, who are potential candidates as clients for OPM Disability Retirement benefits under FERS or CSRS, often interchangeably use terms which apply to different standards:  standards of total disability as opposed to a medical disability which impacts one's ability to perform one or more of the essential elements of one's job; whether a medical condition... Read More
Posted at 17:39 PM  |  PERMALINK
Topic: Administrative Law

Federal Disability Retirement: Agency Support

Friday, October 9, 2009 by Robert R. McGill

Sometimes, the question comes up as to whether or not it is important to have the blessing or support of the Agency, when filing for Federal Disability Retirement benefits under FERS or CSRS. My answer to such a question is fairly uniform and redundant:  this is a medical disability retirement; it is unwise to proceed to apply for Federal Disability Retirement... Read More
Posted at 23:32 PM  |  PERMALINK
Topic: Administrative Law
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