OPM Disability Retirement Benefits for US Government Employees: The Looming Crisis

Whether the Federal government temporarily shuts down, and for how long, is ultimately besides the point; the essence of the problem concerns the long-term viability of government operations, and the ability to sustain benefits promised, or to refine and reform, to what extent, and in what manner.

For Federal and Postal employees contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the medical and work challenges already faced have created an unstable atmosphere, and so the potential looming crisis is merely a further problem to be dealt with.

The fact that the Federal government is unable to agree upon a budget process which has been impending for quite some time, is just another testament to the cold and indifferent attitude of a bureaucracy which fails to account for the daily needs of its citizens.  There have been government shutdowns in the past; and there will be more in the future.

For the Federal and Postal employee, what impact will be felt as a result of the contentious legislative process, will have to be seen.  In the meantime, however, what the Federal and Postal employee must do is to pursue the process, regardless of what Washington does, in order to stand in the proverbial line of the Federal bureaucracy, hoping for a favorable outcome.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Preparatory Steps

Every excellent endeavor requires preparation, whether in purchasing the proper ingredients, of establishing and entering into a proper mental state of mind, or perhaps in performing preliminary stretching exercises to enhance muscular flexibility and loosening for rigorous physical activity.

Lack of preparation is not a necessary prerequisite for success, but it may well be a sufficient basis of failure.  In logic, the conceptual distinction between that which is “necessary”, as opposed to what is “sufficient”, is an important bifurcation of causal implications.  That which is sufficient, may not be necessary; and that which is necessary, may not alone be sufficient in reaching result X; but the combination of sufficiency and necessity will cause X to be achieved.

Thus, adequate preparation alone may be necessary for the best possible outcome, but it may not be sufficient; and, conversely, the utmost of preparation may be sufficient to accomplish a task, but it may not have been necessary all along.

In preparing to formulate and compile a Federal Disability Retirement application, submitted to the U.S. Office of Personnel Management, whether under FERS or CSRS, it is always a good idea to engage in the fullest preparatory tasks before filing for the benefits.  Not every act of preparation may be sufficient, but most are necessary; and while even the necessary tasks may not constitute sufficiency, it is the compendium of aggregated causal linkage which will ultimately ensure the greatest potentiality for success in the endeavor.

Logic aside, one will never be harmed by the extent of preparation.

Preparation for obtaining the best possible medical report; preparation for formulating an effective statement of disability; preparation in establishing the causal connection between the former and the latter; all of these are necessary for a compelling Federal/Postal Disability Retirement application, and in most cases, will establish a sufficiency which meets the legal criteria for eligibility for Federal Disability Retirement benefits, whether under FERS or CSRS, for the Federal and Postal employee.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: The Muddle of a Myopic Focus

Focusing upon a singular aspect of an issue, and failing to comprehend its limited import and relevance within the greater context, is a pitfall which many fall into.  It is tantamount to having a myopic condition — where one’s nearsightedness prevents one from having the capacity to focus upon anything beyond those within one’s easy reach.

In a Federal Disability Retirement application, filed through one’s agency (if one is still a Federal or Postal employee, or if separated, such separation has not occurred more than 31 days) and ultimately forwarded to the U.S. Office of Personnel Management (or, if separated from one’s agency for more than 31 days, directly to the Office of Personnel Management in Boyers, PA), whether under FERS or CSRS, it is important to approach the preparation, formulation and filing of one’s Federal Disability Retirement application with a larger view than to discuss issues of limited relevance.

For example, when a Federal or Postal employee is embroiled in an adversarial and contentious process with one’s own agency, or a supervisor, it is often reflected in the Federal Disability Retirement application via a tirade of specific descriptions concerning harassment, workplace hostility, etc.  While such descriptions may be relevant for purposes of an  EEOC claim, it has very little significance for one’s Federal Disability Retirement claim.

Keep the essence of a case at the forefront:  Medical issues; impact upon one’s ability/inability to perform the essential elements of one’s job.

All myopic conditions need correction; properly prescribed glasses to keep one’s focus may be a necessary expense.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: Time as a Valued Commodity

At what juncture in the course of human lives the linear progression of “time” on a continuum of history became of prominence, philosophers, psychologists and historians may differ.  Certainly, animals are aware of the general importance of seasons; daylight and nightfall mark bifurcations of being alerted for purposes of seeking refuge against predators, as daytime dangers are quite different from night stalkers.

The measurement of time became ensconced with the invention of the timepiece.  When utilization of the watch, clock, digital devices, etc., established the cutting up of the world into unit measurements, it became a commodity of value because of its limited supply, and the increasing demand for greater productivity within each measured unit.  It is this ascription of “value” which one must contend with, in all aspects of modernity, in the daily living of one’s life.

For Federal and Postal employees who are seeking a quick fix — of one’s medical conditions, as well as securing the opportunity to obtain a Federal Disability Retirement benefit from the U.S. Office of Personnel Management — complex considerations must always be weighed in an effort to “save time and money”.

If an OPM Disability Retirement application is not properly put together at the outset, it will waste valuable time in the long run, precisely because one will have to contend with a denial and a Request for Reconsideration, as well as a potential appeal to the Merit Systems Protection Board.

Filing a Federal Disability Retirement application can never be a “sure thing”, because it depends so much upon the evidence one must gather, in order to prove one’s case by a preponderance of the evidence.  But the saving of time will be achieved by putting the best case possible in every Federal Disability Retirement application.

The commodity of time is a recognition of its value in modern life.  It is a feature of linear human progression which simply cannot be ignored.

Sincerely,

Robert R. McGill, Esquire

OPM FERS/CSRS Disability Retirement: The Law & Life’s Pragmatic Reality

In a Federal Disability Retirement case, one of the ways to establish the nexus between one’s medical condition and the inability to perform one or more of the essential elements of one’s job, is to show a “service deficiency”. But as most Federal and Postal employees systematically receive satisfactory or higher ratings of workplace appraisals, and are passed through without thought in order for managers and supervisors to avoid contentiousness and adversarial encounters with their employees, it is rare that anyone can show poor performance and tie such a service deficiency to one’s medical condition.

Does one need to go to the supervisor and point out the service deficiencies and ask that the supervisor rate him or her as sub-par?  No.

Does one have to grieve or contest a superior appraisal?  Again, the answer is, No.

The intersecting contradiction between law and life often manifests itself in such circular absurdities.  But how the law is read; the knowledge of a myopic understanding of the law without the greater context of the entirety of the evolution of case-law opinions and further expansive interpretation of the originating statute, can leave one to believe that the law makes no sense, and fails to reflect the pragmatic issues of reality.

Hint:  Most Federal and Postal employees do not have a service deficiency; but since Federal Disability Retirement rules, regulations and statutes require that one’s medical condition must last for a minimum of 12 months, does that mean that one must show a devastation of one’s work ethic for a full year before you can even file?  No.

The conflict between law and the pragmatic reality of life is merely an apparent one; once the truth is unraveled, there really is no conflict at all, internal, apparent, or otherwise, and Medical Retirement applications submitted to the U.S. Office of Personnel Management, whether under FERS or CSRS, in fact reflects the reality of life quite well.  One needs to merely figure out and think away any such apparent self-contradiction.

Sincerely,

Robert R. McGill, Esquire

Federal Gov. and USPS Disability Retirement: Adversity and Change

Somehow, the collective and proverbial “we” came to expect that life was easy; that comfort, good health and career advancement was part of the human deal; and that adversity was a circumstance which only people in other nations faced, and from which we would help to show the way out.

But adversity and change have always been an essential element of life; the moment expectations pushed the ‘delete’ button and erased those concepts from commonplace consent, we lost the will to hungrily pursue our dreams through achievement, hard work and purposeful drive.  At the same time, a nation which harbors a self-image of greatness will necessarily create an intelligent paradigm which fosters the collective will of those who are less fortunate, to achieve goals and maintain dreams in the midst of adversity.

That is precisely what Federal Disability Retirement benefits, whether under FERS or CSRS, contemplates, for the Federal and Postal employee.  For, under the generous administrative annuity provided, Federal and Postal workers who cannot be fully productive, and who face adversity in all aspects of one’s life — of career stoppage, finances, and workplace animosity — can become eligible for a system of compensation into which one may continue to contribute by seeking a different, second vocation in the private sector.  Or, for those who are too disabled to work, it is tied into the Social Security system, such that SSDI is combined with FERS disability retirement benefits.

It is a progressive paradigm which allows for the collective “we” to pursue the common goals which we have all maintained — of productivity and purposefulness, wedded to compassion and caring.  That, in the end, is how the “I” become a “we” in a society which values civil intercourse.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for American Federal Government Workers: Timing and Impatience

In the United States, we have come to expect efficiency and effectiveness; that is the nature of our history, and precisely why the prevailing philosophical engine has been that of “pragmatism“.  But countries evolve over time; bureaucracies become burdensome; the character of a nation may slowly, almost imperceptibly, change and alter.  Further, some actions are within the purview of one’s ability to impact; other issues are entirely outside of one’s control.

For the Federal or Postal employee contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important to distinguish between those aspects of the administrative and procedural issues which can have some exerted control, and those which are well beyond one’s sphere of influence.  For, the test of one’s patience and growing sense of impatience will often be determined by a recognition of that which can be influenced, and that which has little to no access for such.

Timing issues can often be controlled, as in when to file; but as for the timing of OPM’s determination, that is another matter altogether.

Patience is unfortunately a virtue which is being daily tested by Federal agencies; the practical reverberating impact is upon the individual Federal and Postal employees who are filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management (the Agency that approves and manages Disability Retirement for all Federal Employees in America)  That, too, is something which is historically inevitable — it is the individual who is impacted, while the faceless “agency” goes on about its business.

Sincerely,

Robert R. McGill, Esquire