How to Choose a Federal Disability Retirement Lawyer

This article does not tell you that you need to hire an attorney to represent you in your federal disability retirement application or appeal. There are many that successfully navigate OPM's bureaucracy, on their own, successfully.  This article assumes that you have made the decision to hire an attorney to represent you in your application for federal disability retirement.

1. Start Your Search Early

You don't have much time to make the decision to hire an attorney when OPM denies your claim for federal disability retirement.  Research attorneys early, and, at the very least, have a list of attorneys  that you will call when you decide to make the decision to hire an attorney.  You can find federal disability retirement attorneys by doing a "Google" or "Yahoo" search (Click here for example search results). You can also find lawyers by talking to friends at work, too.

2. Make Sure to Hire a Licensed Attorney

There are many attorneys and many non-attorneys that handle disability retirement claims.   There is no rule that the person you hire must be an attorney (although, you can't get representation fees reimbursed by the MSPB if you hire a non-attorney).

Attorneys are licensed to practice law, and have higher ethical standards that we must follow in order to keep our license(s).    Non-attorneys do not have these requirements; if they mess your  claim up, miss a deadline, or through negligence or ignorance cause you to lose entitlement to a benefit, you probably have no remedy.  Sure you can sue, but you're going to have to hire an attorney, and hope that the person you sue has money to pay a judgment, etc.

Verify that any attorney is actively licensed and not subject to discipline.  As a government attorney, years ago, I ran into an attorney whose license to practice had been suspended but who was still practicing law.  Verify with the state bar where an attorney is licensed whether the license is active, suspended or whether the attorney has any disciplinary action against him or her.  Any attorney should be more than happy to tell you what state(s) they are licensed in and how to verify that fact.  For example, I am licensed in both Maryland and Texas (click on each state to verify my licenses).

3.  Talk to More Than One Attorney

There are a few reasons that I recommend investing the time and money on 2-3 consults with different attorneys for a Federal Disability Retirement claims for FERS/CSRS employees.  Attorneys are all very different.  Our styles are different, our approaches to cases are different, our interactions with clients are all very different.  You want to pick an attorney whose style and approach to a case makes you comfortable.  If you don't, when the case gets challenging or if your application is denied, you will have less confidence in the attorney you have chosen.

4. Confirm Your Attorneys Experience

An attorney that handles Federal Disability Retirement claims before OPM, but who has never (or does never) represent employees before the MSPB is like a  car without wheels.  Given the fact that, as a practical matter, the MSPB is the last chance you have to get your disability retirement granted, you want to make sure that your attorney knows MSPB procedures, and how a disability retirement appeal differs from other types of appeals to the MSPB.   How do you find out if the attorney has handled disability retirement appeals before the MSPB?   Ask them.  Don't be impressed by the big fancy law firms - they aren't always the best.  I took a case a few years back in which a high-profile attorney was originally the Appellant's representative before OPM.  The client paid a lot of money and came very close to losing her case because the attorney didn't get to know the rules of the MSPB forum.  Also, don't be afraid of small firms and sole practitioners.  One of the best attorneys I know continues to work out of his house.

5. Prepare for Your Initial Meeting with Potential Attorneys

If you are hiring an attorney to help you apply to OPM for federal disability retirement, you should be prepared to provide them a copy of your position description, your most recent SF-50, any medical records that you have available.

If you are hiring an attorney to help you challenge OPM's denial of federal disability retirement, you should provide the  attorney(s) you wish to consult with a copy of your disability retirement application, the OPM letter denying you federal disability retirement, your request for reconsideration and any response from OPM.

If an attorney does not ask to see some of this documentation, you should be a bit wary.  It is hard to assess timelines, merit, and fees - fairly and reasonably - without verifying information in these documents. If there are questions you want to ask the attorney - write them down so you don't forget to ask.

6. Be Candid and Open About Attorneys Fees

There are many good attorneys that handle federal disability retirement applications and applications.  All of us charge different types of fees.  Those fees can be fixed fees, hourly fees, monthly fees, etc.  Some attorneys charge low fixed fees for the application, but very high hourly rates for an MSPB appeal.  Some attorneys charge only for the application, but do not represent before the MSPB.  Others only represent applicants before the MSPB.  Make sure you know what you are getting and that you are comfortable that the price you pay is a fair price you can live with, even if you lose.  Be candid with the attorney you want to hire - if you cannot afford the fees, tell the attorney what you can afford and propose some different fee arrangements.

Most important, don't make your decision on the spot.  Sleep on it, and make sure you are comfortable with your attorney's experience, reputation, fees and understanding of your case.  That way, even if you lose your case, you will feel that you got your "day in court".