Medical Retirement for Federal Workers: Shrines of Our Own Making

For some inexplicable reason, we construct shrines which are deemed sacred, without ever evaluating whether or not the sanctity of the structure deserves our unwavering devotion and commitment.  Shame, embarrassment and the cognitive infrastructure of self-worth often remain the singular obstacles in preventing the Federal or Postal employee from filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS.

It is the mental constructs of our own making — the shrines of sacred sanctimony — which obstruct the linear progression from a life of constant turmoil to one of relative peace.  And so we are admonished that having a medical condition is somehow shameful; that taking off too much time from work to attend to one’s health somehow devalues the inherent worth of a person.  And we come to believe such folly despite the source of such value-driven thoughts, and make shrines and sacred temples of societal determinations despite the harm to one’s existence.

Life without health is less than a full existence; the self-harm and self-immolation one engages in by continuing on a course of destructive behavior, in ignoring the deterioration of one’s health, is in itself a form of sacrilege; the deconstruction of those very temples we find ourselves trapped within, is often the first step towards recovering one’s health.

Federal Disability Retirement is an option which all Federal and Postal employees who are suffering from a medical condition such that the medical condition prevents one from performing one or more of the essential elements of one’s job — should be looked into.  But the first step in the entire process is to revisit the shrines of our own making, and to determine which sacred cow is blocking the entranceway to a life of fulfillment, as opposed to mere existence of being.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: The Coming Year

The Calendar says it is now 2013.  For those preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it matters little as to the designation of the year.  A chronic medical condition makes no conceptual distinction from year to year; the impact upon one’s ability/inability to perform all of the essential elements of one’s job is not distinguishable between December 31 or January 1.  

For those who have filed with the Office of Personnel Management, the fact of the waiting period itself merely magnifies — that we are now into “another” year — the lengthy process which the bureaucratic morass forces the Federal or Postal employee to undergo and endure.  The “coming year” is, for the Federal or Postal employee filing for Federal Disability Retirement benefits from OPM, a continuum of the previous year.  It is not the days immediately before, or just after, which makes a difference.  Rather, it is ultimately the approval from the Office of Personnel Management which will make all the difference.  

To appreciate that “difference”, the best that the Federal or Postal employee seeking Federal Disability Retirement benefits can do, is to:  increase the chances of an approval of an OPM Disability Retirement application; limit the mistakes which can subvert or otherwise damage a Federal Disability Retirement application; and always, always affirmatively prove one’s case with the best evidence possible.  That way, the coming year will have turned out to be a fruitful one, and distinguishable from the previous year.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: The Decision to Act

Often, the most difficult decision to make is the decision to act itself.  Where careers are about to end; where financial impact and unforeseen consequences (as Adam Smith once stated) may ensue; where deteriorating professional and personal relationships have progressively exploded; the daily stresses of the modern world refuse to provide for the necessary time often needed to recuperate, become rehabilitated, and slowly heal from a chronic and intractable medical condition.  For, that is often what is needed — time.  Medical conditions are peculiar events; surgery, medication regimens, therapy (physical or cognitive), require that one ingredient which the modern world cannot provide — time.  

For Federal and Postal employees who are suffering from a medical condition which lasts for a minimum of 12 months, there is the option of filing for Federal Disability Retirement benefits under FERS or CSRS.  While there is certainly a formidable “pay in cut” (Federal Disability Retirement benefits provide an annuity of 60% of the average of one’s highest 3 consecutive years of pay for the first year, then 40% every year thereafter), what the disability annuity does provide for is the time for rehabilitative recuperation, whether physical, cognitive or psychiatric.  

In deciding the avenue of preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS, often the most difficult decision to make is the decision to act.  Once that major “life-decision” is made, the mechanical aspects of acting will naturally fall into place.  It is the act of deciding which is the first act of all; thereafter, the play will naturally proceed.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: First Steps

With almost everything in life, it is that metaphorical “first step” which is the most difficult in the process of beginning, enduring, and accomplishing anything.  This is no different in filing a Federal Disability Retirement application under FERS or CSRS.  The task at the outset can appear daunting:  the multiple forms; the ability to formulate the necessary connection between one’s medical conditions and the job which one performs; having the Agency fill out their portion; having the doctor formulate, in a precise and meaningful manner, the narrative report which will meet the legal criteria for successful eligibility for Federal Disability Retirement benefits.  It is as challenging as the first step for a child; as intimidating as the first step in any life changing event.  To ease the process, it is often a good idea to do some preliminary research, including speaking with an Attorney who specializes in the process of preparing, filing and fighting for Federal and Postal Disability Retirement benefits.  As with everything in life, proper preparation is the key to success, and it is no different for a Federal or Postal Worker who is contemplating filing for Federal Disability Retirement benefits under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

Federal OPM Disability Retirement and “the Decision”

The decision to finally go forward and start the process of filing for Federal Disability Retirement under FERS or CSRS is often a hard one.  One needs to consider multiple factors, and the process of deciding to move forward in and of itself can be a complicated one.  Such factors as the medical condition itself and how progressively deteriorating it is; whether and for how long you can “mask” the medical condition; how perceptive your supervisor is; whether your supervisor and coworkers will continue to provide cover for you, and overlook some of the growing deficiencies; whether, even if you cannot do one or more of the essential elements of your job, whether the amount and type of work you are doing are significant enough for you to continue; whether you have a good rapport and relationship with your doctor; whether your doctor will be supportive and understanding; whether your agency will suddenly and without notice place you on a PIP or file a Notice of Proposed Removal; and a host of many other reasons and factors need to be considered.  For many of these questions, an attorney who specializes in Federal Disability Retirement law under FERS & CSRS can be of help.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: The Decision (Again)

Yes, it is a difficult decision to make — to come to terms with filing for Federal Disability Retirement under FERS or CSRS.  It makes it all the more difficult when individuals wait until the last possible minute before calling up the attorney (me) to file for Federal Disability Retirement benefits.  There have been a few times in the past (very few) when I simply could not take on a case with only a week left before the Statute of Limitations runs out.  The only thing I can do at that point is to identify which forms to fill out (however imperfectly), and give the fax number and the address to Boyers, PA for the individual to file. 

Remember the important point:  You can always make factual, medical and legal arguments after you have filed; you cannot make any arguments if you have failed to file on time.  Of course, it comes with the territory — as an attorney who exclusively represents Federal and Postal employees to obtain disability retirement benefits (there are many attorneys who practice Federal Disability Retirement law as one aspect of a larger practice which includes other areas of Federal Employment law), I understand how intertwining the medical condition is, with the anxiety and stress of filing for Federal Disability Retirement benefits, and how procrastination is often part and parcel of the medical condition itself.  At the same time, however, I take pride in doing a good job; I like to service my clients; I like to see the successful outcome.  As such, I am reluctant to take on cases where there is very little time to file.  I have, and will, take on cases where the Statute of Limitations is about to run out, but there must be at least some time left.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: The Decision

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.  Then, of course, I have spoken about the “human” side of things — of the difficult human ordeal of going through the process.  There is the initial psychological barrier — of starting the administrative process, which is somewhat of an implicit acknowledgment that a person is indeed “disabled”, as if that concept or label has some sort of a “stigma” attached thereto. 

One would think that in the 21st Century, all such stigmas would have been extinguished and extinct; and, indeed, most such stigmas are merely self-imposed.  Often, we are our own worst enemy; there is the barrier of ourselves in the process, of actually starting the process.  This is often why an attorney is the best person to handle a Federal Disability Retirement application — because it allows for the process to begin, without it being so intimately and personal a matter to the applicant.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: A New Beginning

After representing so many Federal and Postal employees over these many years, there are stories which continue to sadden me; as with all professionals, I attempt to bifurcate my life, and not get “personally” involved with my cases.  To blur the lines between providing sound and effective legal advice, and getting “involved” in the personal tragedies of my clients, would certainly undermine the professional effectiveness needed in providing for my clients.  To a great extent, I am successful. Every now and then, however, I am informed of a tragedy — and it touches me. Perhaps that is a good thing; for one can become insensitive, or “de-sensitized” in a way that can be detrimental.

I try and explain to many people that getting Federal Disability Retirement benefits should never be a judgment upon one’s career — let alone one’s life. A career can span a lifetime, or it can extend for a couple of years (i.e., at least the 18 months of Federal Service that is needed to even qualify under FERS). However long, to come to a point in one’s career where it becomes necessary to acknowledge to one’s self that certain medical conditions are directly impacting one’s ability to perform the essential elements of the job — such an admission should never be interpreted to mean that such a circumstance has somehow devalued the worth of a person.  Human beings are complex entities, bundled up by personality, uniqueness, family, job, hobbies, thoughts — a compendium of a history of one’s life.  Note that I merely inserted the concept of “job” within a sequence of many facets.  And, indeed, one’s job is important — it takes us away from the many other bundles of our lives, and forces us to expend 8, 10, 12 or more hours per day, Monday thru Friday, and some weekends, too.  But that which takes up a large quantity of our time does not necessarily or logically result in the definitional essence of a human being; the fact that we spend a great deal of time in the bathroom does not mean that such an activity defines our “essence”.  “Worth” of a human being attaches to each of us, and is inseparable from each human being.  One’s job and career constitute only a small part of us.  Let’s keep that in mind, and in its proper perspective.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement & the Economy

I have been asked, via multiple emails, of my opinion concerning the right time to file for disability retirement, given the state of the current economy. I am not an economist; I am an attorney who specializes in obtaining disability retirement benefits for Federal and Postal employees under FERS & CSRS. With that prefatory caution, let me state that I am an optimist, and always see the glass as “half full” as opposed to “half empty”.

First, if a Federal or Postal employee can no longer perform the essential elements of one’s job, then it is probably time to file for disability retirement. Second, while disability retirement does not pay a great amount of money, it is a base annuity which allows one to go out and start a “second career”, and make up to 80% of what a person’s former position presently pays, on top of the disability annuity. Further, because disability retirement allows one to retain one’s health insurance benefits, such an individual can be an attractive candidate to a private employer, because of the lack of need to insure the person in the course of his/her the second career. Third, in a tough economy, part-time employment is often more available, and so it is often a good economy for individuals who have a base annuity to rely upon, and who are looking for supplemental income. In any event, one should always look at disability retirement benefits as an opportunity to preserve one’s deteriorating health, and move on to pursue other avenues of opportunities.

Sincerely,

Robert R. McGill, Esquire