FERS & CSRS disability retirement: The Proper Paradigm - Administrative Law Legal Blogs Posted by Robert R. McGill - Lawyers.com

FERS & CSRS disability retirement: The Proper Paradigm

     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 they have had horrendous experiences with OWCP filings, or EEOC complaints, or other experiences which they then relate to how the disability retirement process must be.  Yet, all Federal and Postal employees must understand that the process of Federal Disability Retirement has many, many inherent advantages which make it different from other processes.  For instance, the Merit System Protection Board has often observed, with respect to disability retirement, that it is distinguishable from other processes, because it is not — strictly speaking — an adversarial process between an agency and an employee; rather, the MSPB sees it simply as a single issue — that of an employee’s entitlement to disability retirement.  Further, the role of the Office of Personnel Management, while seemingly one of making things overly difficult for the individual, in reality has a very difficult time in ultimately justifying a denial.  Why?  Because they do not have a right to have a doctor of their own to examine the applicant/patient (note the difference with OWCP, where you can be sent to second, third, and sometimes fourth medical opinions by doctors chosen by DOL and paid by DOL).  Thus, it is almost as if OPM must disprove a case filed by an applicant.  Finally, it is difficult to attack a treating doctor of an applicant, unless there is something seriously wrong with the credentials or competence of the treating doctor.  All in all, disability retirement for Federal and Postal Workers is a fair process — one which is a valuable benefit for the Federal and Postal Employee.

Sincerely, Robert R. McGill, Esquire

View Attorney Profile

Robert R. McGill

Licensed since 1988

Member at firm Robert R. McGill

AWARDS

Champion Badge Platinum

RECENT POSTS

  • FERS OPM Medical Retirement: The Unique Writer
    Posted on May 20, 2019

         These days, writers are plentiful; more and more people are publishing, and while “self-publishing” has become more acceptable, even the quantity of people writing books, novels, narratives, biographies, autobiographical works, self-help books and allegedly adventuresome travelogues portending to unique experiences has exponentially exploded in our times. Decades ago, there were only a handful ... Read more

  • FERS OPM Medical Retirement: Advice
    Posted on May 18, 2019

         The great thing about it is that most people are willing to give it out in endless streams of inarticulate bosh for free, and the rest of us are at liberty to do with it what we want. With the advent of the Internet, and more so with the consolidation of all things ... Read more

  • FERS OPM Medical Retirement: Jobs versus careers
    Posted on May 17, 2019

         We make a distinction between the two, do we not? One merely “lands” a job, whereas we “pursue” a career, implying the arbitrary nature of the first and the delectable interest shown in the second. Yet, the bifurcation of the two is never so stark as night and day, but can often be ... Read more

Robert R. McGill

Licensed since 1988

Member at firm Robert R. McGill

AWARDS

Champion Badge Platinum

RECENT POSTS

  • FERS OPM Medical Retirement: The Unique Writer
    Posted on May 20, 2019

         These days, writers are plentiful; more and more people are publishing, and while “self-publishing” has become more acceptable, even the quantity of people writing books, novels, narratives, biographies, autobiographical works, self-help books and allegedly adventuresome travelogues portending to unique experiences has exponentially exploded in our times. Decades ago, there were only a handful ... Read more

  • FERS OPM Medical Retirement: Advice
    Posted on May 18, 2019

         The great thing about it is that most people are willing to give it out in endless streams of inarticulate bosh for free, and the rest of us are at liberty to do with it what we want. With the advent of the Internet, and more so with the consolidation of all things ... Read more

  • FERS OPM Medical Retirement: Jobs versus careers
    Posted on May 17, 2019

         We make a distinction between the two, do we not? One merely “lands” a job, whereas we “pursue” a career, implying the arbitrary nature of the first and the delectable interest shown in the second. Yet, the bifurcation of the two is never so stark as night and day, but can often be ... Read more