Attorney helping Federal and Postal Employees from all across the U.S.  
  obtain Disability Retirement Benefits under FERS & CSRS

Latest Blogs:
  Legal Representation on Federal Disability Retirement Claims: The Bionic Future
10/01/2014 by Federal Lawyer
Futuristic novels and foretelling of inventive creativity reveal an aspect of humankind in multiple forms: imagination transcending time, but coupled with fear and angst which is often the fodder for science fiction and impending technological anxieties. They constitute, of course, the flip side of a singular coin: fear on the one hand, and imagination fed by the fear, on the other. [...]
  Different Perspectives during Federal Disability Retirement Process
09/30/2014 by Federal Lawyer
Inform an individual that you suffer from Hansen's Disease, and one might get a benign reaction, perhaps a blank stare. Convey to the same individual that you have contracted leprosy, and it is likely to evoke an expression of revulsion, and perhaps a discomfort bordering on flight. What we say; how we say it; the social stigmas attached; and the cultural sensibilities and conditionings constraining how we become predisposed to act and react, are often determined by the perspectives which are brought to the fore. [...]
  Federal Medical Retirement: Soulful Windows
09/29/2014 by Federal Lawyer
Plato's well-known quote that the eyes are the windows to one's soul, presupposes the capacity of the "other" subject observing the individual, to make judgments, determinations and analytical conclusions. It is thus the subject becoming the object and prey. Medical conditions often have a capacity to do just that. There is something perverse in human nature, where the herd instinct of ganging upon the weak is somehow justified, and even applauded. Weakness is a vice; revealing it, a sin; acting it out, a mortal failure. Vulnerabilities and the manifestation of such open wounds require sensitivities beyond the human capability [...]
  Hostile Work Environment and the Centrality of the Medical Condition in a Governement Employee Retirement Claim
09/27/2014 by Federal Lawyer
Pithy quotes are replete throughout advisory or "self-help" books; it is a cottage industry involving coming up with linguistically sticky statements, like post-its tacked on to our sleeves in order to remind us of daily living tools to carry. "Keeping the main thing the main thing" is one such quote, and numerous similar mutations, which remind us that prioritization of concepts, in any endeavor, is important to keep in mind, and to not allow for peripheral concerns to overwhelm and dominate. [...]
  Federal Medical Retirement: The Coalition Forces
09/26/2014 by Federal Lawyer
One hears much these days about the importance of forming a coalition of forces before engaging an offensive action; and, indeed, there is the old adage of having strength in numerical superiority, and the sense that a consensus of opinions and cooperation of numbers results in an increased chance of success. Quantitative composites can mask a disarray of qualitative forces, [...]
  Experience and Federal Disability Retirement Benefits
09/25/2014 by Federal Lawyer
The vicious circularity of having or not having "experience" is comprised of the following: If too much weight is placed upon it and one is passed over because of its lack, then one will never be able to attain the experience needed in order to qualify; in order to attain experience, one must be given the opportunity to grow by trial and error; but such trial and error only reveals the lack thereof. [...]
  Disability Retirement for Federal Employees: Science versus Art
09/24/2014 by Federal Lawyer
There is an abundance of discussions these days relating to the methodological validity of science, especially as it concerns climate change.  The calculus applied; the variable deviations of conclusions; the computer models based upon dubious information inputted; and whether declaring that there is a “consensus” within the scientific community, and what constitutes such a declared […]

 

read all blogs »

Frequently Asked Questions (FAQ)
The following are some "Frequently Asked Questions". Most of these questions are answered in greater detail in my articles, which you may read in the section entitled Articles. However, below are some questions and answers for your convenience:

    What is "Federal or OPM Disability Retirement"?
Federal disability retirement is a benefit accorded to all Federal and Postal Employees under the Civil Service Retirement System (CSRS) and Federal Employees Retirement System (FERS). For CSRS employees, you must have a minimum of five (5) years of service. For FERS employees, you must have a minimum of 18 months of service.
[top]

    Who approves my disability retirement?
The Office of Personnel Management (OPM), a Federal Agency, approves or disapproves all disability retirement applications.
[top]

    What is the difference between Social Security Disability and
    Disability Retirement?
The main difference is that the criteria to obtain Social Security Disability is much higher -- that of "total disability". To obtain disability retirement under CSRS or FERS, you must merely be disabled from performing one or more of the essential elements of your particular kind of job.
[top]

    Must I file for Social Security if I apply for disability retirement?
CSRS employees need not file for Social Security. If you are under FERS, you must file for Social Security disability during the application process. In recent months, the Office of Personnel Management (OPM) has indicated that Social Security may be filed after a person's disability retirement application has been approved, and the individual has been separated from service.
[top]

    Must I be totally disabled in order to file for disability retirement?
No. You only need to be disabled from performing one or more of the essential elements of your particular kind of job.
[top]

    Must my disability be caused by my job?
No. Unlike Workers Compensation cases, where the issue often involves whether or not your job caused your injury or disease, or whether it occurred on the job, disability retirement has no requirement of being "job-related".
[top]

    Can I work even if I am approved for disability retirement?
An individual is allowed to collect disability retirement, and work at a different job and earn up to 80% of what his or her former position pays currently. Thus, by way of example, an individual who was making $50,000.00 per year, could go out and get a job making $40,000.00 per year, as well as continue to collect his or her disability annuity.
[top]

    When should I file for Disability Retirement?
Because the disability retirement application process takes a considerable amount of time (average length, about 6 - 8 months), an employee should file as soon as he or she knows that the disability will last for at least 1 year. If you have been terminated or separated from Federal Service, you have only up to 1 year to file for disability retirement. If you fail to file within that 1 year, you lose your right to disability retirement forever. So, to recap: You have 1 year to file from the time you are separated from service, and your disability must last for at least 1 year.
[top]

    Can I continue to work while waiting for OPM to approve my case?
Yes. Most people, because of financial considerations, must continue to work. If the Agency has light duty, or if the individual can do some, but not all, of the essential elements of the job, then continuation in the job is a viable option.
[top]

 

 

 


Copyright © 2014. Robert R. McGill, Esquire. All rights reserved.
Toll Free 1-800-990-7932 - OPM Disability Attorney