Disability Retirement for Federal and Postal Workers: “Why?”


The ability to question is perhaps the highest form of consciousness.  Without it, the next level of any narrative form would cease, and no prompting of a search for an answer will develop.

That is why effective trial work — from persuasive direct examinations to devastating cross-examinations, guided by pointedly-prepared questioning — requires thoughtfulness and contemplated direction.  Some questions, however, become avenues for paralysis.  They may, for a time, help to ease the troubles of one’s soul, but they are ultimately unanswerable ones which cannot be comprehended in the limited universe of one’s mind.

Thus, when a Federal or Postal employee who suffers from a medical condition asks the question,”Why?” — it is legitimate, but one which may not have an adequate answer.  One must instead progress to a more pragmatic question: What to do about it. Where to go from here.  The “why” may need to be left aside, for another time, during a more contemplative period of recuperation.

For Federal and Postal workers, time itself can be a critical factor, and in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, because the bureaucratic process itself is a long and complicated one, it may be of benefit to set aside some questions, and instead focus upon the pragmatic questions which set one upon a path of purposive direction.

The height of man’s consciousness may be the result of evolutionary factors, but the most fundamental of questions should begin with that primitive foundation of all: self-preservation.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: Dog-like Loyalty

It is of the old adage — of the dog which refuses to bite the hand which feeds him.  It is only the human animal which betrays the adage; but, then, that is part of the point of the saying, and the recognition of the perversity of man.

It is thus not a wonder that Federal and Postal employees who suffer from a medical condition, remain unilaterally loyal to their agencies, despite sufficient evidence to the contrary and which would easily justify acting in a disloyal manner.  Years of toil and doing extra work without asking for anything in return will not result in empathetic treatment by an agency when the Federal or Postal worker requires such extraordinary treatment during a medical crisis; and when the surprised Federal employee becomes aghast at the reactionary irrationality of the agency, those of a cynical nature will often respond, “What did you expect”?

But the adverse nature of how an agency reacts when its employee files for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, is really the flip-side of the same coin:  the Federal or Postal worker acts like the loyal dog; the agency acts like the hand-biting dog.  It is the inherent nature of the complex make-up of the human animal which allows for such contradictory reactions.  Or, perhaps not — it may be just as simple an explanation that there are bad people in the world, and those who expect goodness from human nature will normally be sorely disappointed.

That is why when an agency provides for unexpected level of support during the process of a Federal or Postal Disability Retirement application, we react with such gratitude and surprise because of the exceptional nature of such a response.

One indicator that is fairly reliable, of course, is the wagging of the tail — unless, of course, it is the tail wagging the dog; but that is another adage altogether, for another time.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: Close Encounters of the Third Kind

The title reference, of course, is to the old Spielberg film concerning contact with an alien being; but such a remote, rare and unique experience need not be with an entity from another galaxy or planet, but can be closer to home.

Most people will never need to experience engagement with the U.S. Office of Personnel Management, OPM Division of Disability, Reconsiderations and Appeals, in order to apply for Federal Disability Retirement benefits (whether under FERS or CSRS), leaving aside having to file an appeal to the U.S. Merit Systems Protection Board.

But when the Federal or Postal employee finds him/herself in such a unique situation such that contact with the U.S. Office of Personnel Management or the MSPB becomes necessary, such an experience will be as peculiar and strange an an encounter of the “third kind”.  Moreover, the experience itself may be an unwanted and unpleasant one, because it is something accomplished and pursued while experiencing a personal crisis involving a medical condition.

The encounter itself — however strange, unpleasant or unwanted — nevertheless is a reality which must be dealt with, and in so doing, it should be done in as efficient a manner as possible.

In an initial encounter with an alien being, one would assume that there might be some trepidation and reluctance, mixed with a great amount of suspicion.  That would be natural.  In a similar encounter with the U.S. Office of Personnel Management, it is best to also have a healthy dose of skepticism; better yet, you might want to contact an expert who has had some past experience in dealing with the entity.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: Preserving One’s Rights

Often, loss of vigilance occurs as a result of the relief of attaining something; once gotten, the fight to get it suddenly disappears, and the overwhelming sense of relief is likened to the response of a balloon which deflates upon a pinprick.

But vigilance is the key to ongoing success.  There is never a time to be nonchalant; to attain is merely another step in a process, and that process must be fought for just as diligently as during the time of fighting to reach a goal.

For Federal and Postal workers who are preparing to file, or who are in the process of filing, for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the goal of getting an approval from OPM for a Federal Disability Retirement is merely an intermediate step.  Once attained, the goal is to preserve and to protect.  Fortunately, that is a fairly simple matter — one of maintaining regular contact with one’s doctor; of making sure that one’s doctor will continue to support one’s case in the event that the Federal or Postal annuitant receives a medical questionnaire from OPM.

OPM disability retirement is not like OWCP; because you are allowed to work at other employment and make up to 80% of what your former job currently pays, there is normally nothing wrong with engaging in normal activities which would violate any rules (unlike OWCP cases, where investigators will often videotape individuals to show the engagement of activities contrary to medical restrictions, etc.).  But let not victory lead to lack of continuing vigilance; as that which was won can only be maintained with an attitude similar to keeping to the path which guided one to achieve the goal in the first place.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Process Mentality

The importance of understanding that filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, as a “process”, is critical in reaching the mental preparedness necessary to endure the potentiality of the lengthy encounter.

The analogy of the approach should be likened to the difference between WWI and WWII — of trench warfare as opposed to a blitzkrieg.  It is the former which must be prepared for, and not the latter.

For, at each step of the way — from waiting for the proper medical reports to be prepared by the treating doctors, to formulating the narrative of one’s statement of disability; to waiting for the agency to complete the processing of their potion (i.e., the Supervisor’s Statement and the Agency’s Certification of Reassignment and Accommodation efforts); to the intake processing unit of OPM at Boyers, PA, then down to Washington D.C. where assignment of the case will take some time; to final assignment of the case, and potential routing for review by a contract doctor — this is all merely at the First Stage of the process.

If it is denied at the First Stage, then one must fight the process through the Reconsideration Stage, and possibly beyond.

Thus is the mental preparation at the outset required in order to survive the multiplicity of bumps and turns within the process itself.  It is best to know the trials in order to survive the process, and to prepare for it as best one can.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: To File or Not to File

The famous Shakespearean refrain is from Hamlet’s soliloquy, and concerns the choices of one’s life, of comparative analysis of meaning, value and purpose; but ultimately it is a question of choices — akin to Camus’ evocative essay in The Myth of Sisyphus.  Choices are what confront us daily; and some, unless we opt to proactively pursue the right path, are lost forever.

For the Federal or Postal Worker who has been separated from Federal Service, the angst of filing often prevents them from choosing.  But with a legal Statute of Limitations barring the Federal or Postal worker from filing after one (1) year of being separated from Federal Service, it is at a minimum important to file, than not to, in order to preserve the right to potential eligibility of benefits.

Not to file within the deadline bars the Federal and Postal employee from ever making an argument, ever seeing whether one is eligible for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS; by filing within the deadline of one (1) year, one can always likely supplement one’s case, make further arguments, reinforce one’s case after the deadline; but if one fails to file within the statutory deadline, then one is silenced forever.

The choice of Hamlet is indeed a stark one, and one which Camus reiterated as one of “why” in facing the existential reality of survival; for Federal and Postal workers who face a statutorily-imposed potential for being barred forever, a similar encounter with reality must be faced:  to file or not to file.  Only the former choice makes sense, while the latter option propels one into the great void of nothingness and nihilism — a state of non-existence which one should never choose.

Sincerely,

Robert R. McGill, Esquire