Administrative

     Time goes by too quickly; Christmas, New Years, winter -- and now the dawn of Spring approaches; and the timeline of 12 months from the time one is separated from Federal Service can suddenly come and go; prospectively, 12 months can seem like a sufficient amount of time; retrospectively, when 10 months passes by and suddenly there are only a couple of months left to file; where has the time gone?  Do not wait until the last moment; all arguments about one's... Read More

   When putting on a disability retirement case under FERS or CSRS before the Merit Systems Protection Board, it is essential that an applicant (if unrepresented) and the attorney (if represented, the applicant need not participate in any Prehearing Conference, but will obviously encounter the Judge during the Telephone Hearing) listens to the Administrative Judge during any Pre-Hearing Conference.  Most Administrative Judges are actually willing to help the... Read More

     When an individual has attempted to obtain disability retirement under FERS or CSRS on his/her own, but has failed at both the initial stage as well as the Reconsideration Stage, while it is true that a Hearing before an administrative judge at the MSPB is to be heard de novo (meaning, heard "anew" and where new evidence may be submitted), it is always important to try and introduce something new above and beyond medical reports and records.  This is... Read More

Words are peculiar animals; they are meant to convey meanings through stringing together, creating conceptual models, images, descriptive thoughts.  Thus, one would think that the greater quantity of words would lead to a greater level of thoughts conveyed, images created, etc.  However, what often happens (a commond mistake found in unrepresented applicants who file for disability retirement under FERS & CSRS) is that there is a 'fatigue factor' by the reader:  in this... Read More

     Always emphasize quality over quantity of medical records & reports.  A common mistake often made by unrepresented individuals is that he or she will ship off to the Office of Personnel Management a large packet of medical records, bills, appointment sheets, raw blood test results, etc.  A potential applicant is always wise to try and look at it from OPM's viewpoint:  if you were a reviewer at OPM, which disability retirement application that is... Read More

There are multiple mistakes often made when an unrepresented individual files for disability retirement under FERS & CSRS.  One such common mistake is the very presentation of an application packet that is presented to the Office of Personnel Management.  Often, when an individual has a disability retirement application denied at the First Stage, and has asked me to represent him/her at the second, Reconsideration Stage, I find that what the individual did at the first stage... Read More

     Whether an attorney is necessary at the initial stages of filing for disability retirement is a question which each individual must answer.  One thing is clear, however; there are very few cases where a disability retirement application is "clear-cut" based upon the medical evidence. The reviewing personnel at the Office of Personnel Management are not doctors -- though they have a "contract doctor" to review applications. ... Read More

    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