OWCP & FERS Disability Retirement for Federal and Postal Employees

Can both be approved concurrently?  Is there any disadvantage in filing for one “as opposed” to another?  Do they “cross over” and impact one another?  Can you receive payments concurrently, or must you choose one over the other and, if one is chosen, does it “negate” or otherwise dismiss the other?

These are all practical questions which can come about if an injury or illness results from a workplace incident or caused by an occupational hazard.  First and foremost, it should be noted that the two “pockets” of compensatory resources are different in nature: OWCP is not a retirement system; OPM Disability Retirement is. OWCP is a compensatory resource created and established as a temporary measure (although there are many, many cases where an OWCP recipient stays on and receives compensation for decades and beyond) — as a means of allowing the Federal worker to receive treatment, recuperation and rehabilitation, with a view towards an eventual return to work.

The paradigm of a FERS Federal Disability Retirement, on the other hand, is just that: It is a retirement system — essentially, starting your retirement “early” because of a medical condition or injury resulting in one’s loss of capacity to continue to perform one or more of the essential elements of one’s Federal or Postal job.  The latter (FERS Disability Retirement) does not have to possess any causal connection to the employment itself — in other words, the medical condition or injury does not have to be “occupationally related” in order for a Federal or Postal worker to become eligible for its benefits.

Remember, however, that under a FERS Disability Retirement, a Federal or Postal worker must file for the benefit of Federal Disability Retirement within one (1) year of being separated from one’s Federal Agency or the Postal Service.  The fact that a person has been “placed on the rolls of OWCP” does not excuse the 1-year rule for filing a Federal Disability Retirement application.

For further information on the intersection between OWCP and FERS Disability Retirement, you should consult with an experienced attorney who is knowledgeable about both, and make your decision upon factual and legal information, and not from such sources as, “I heard from Joe that…”

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Fallacy of Incremental Procrastination

It will be just another week; or perhaps a month; by the end of six weeks, it will all be resolved.  But the insidious nature of incrementalism is precisely in the cumulative loss from a retrospective viewpoint.  Time comes in ticking seconds; ticking seconds accumulate into a bundle of minutes; and bundles become stacked into hours, days, months — and years.

Waiting on a decision by the Department of Labor for OWCP benefits may be a perfectly acceptable route to take; but then, there are horror stories of delays in approving a simple MRI, leaving aside expectations for getting an approval for a needed surgery or other lesser medical procedure.

While hope may be in things sought for but yet unseen, it is the cumulative nature of time lost which, from a retrospective view, reveals the insidious fallacy of incremental procrastination.

Filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, concurrently with filing for OWCP benefits is often a good idea, precisely because it requires a lengthy administrative process to undergo.  If both are approved, then one must opt for one or the other.  If only one is approved, then the other can be fought for while accepting the benefit of the approved one.

Time is a valuable commodity in any endeavor; for Federal and Postal Workers who seek Federal Disability Retirement benefits from the U.S. Office of Personnel Management, time management and the recognition of the fallacy of incremental procrastination is an important step in beginning the process.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: OWCP Dilemma

Benefits received through FECA (Federal Employees’ Compensation Act), administered through the Department of Labor and otherwise known under the acronym of OWCP, provide for temporary total disability compensation during the time that a Federal or Postal employee is injured and is unable to go back to one’s former job.

It pays well.  The problem, often, however, is that it pays well enough just to maintain a person to prevent him or her from drowning.  This dilemma is highlighted by the fact that a Federal or Postal employee who is receiving OWCP benefits (scheduled awards excepted) is unable to work at a job (with some exceptions regarding a person who had already been employed at a second job when injured at his primary vocation) or receive additional earned income.

Federal Disability Retirement benefits, on the other hand, whether under FERS or CSRS, allows for earned income up to 80% of what one’s former position currently pays.

While the Federal or Postal worker is allowed to concurrently file for, and get approved, both Federal OWCP benefits as well as FERS or CSRS Disability Retirement benefits, if both are approved, you must choose between one or the other approved benefit, and allow the unchosen one to remain inactive.

While FERS & CSRS Disability Retirement benefits, filed and obtained through the U.S. Office of Personnel Management, pays less than OWCP benefits, it is the added advantage of being able to work at another vocation which makes it more attractive.

It is like the difference between a shipwrecked victim who can hang onto a small floating device as opposed to a raft with oars; while the former allows for survival, it is the latter which will ultimately take one to the destination of final fruition.

Sincerely,

Robert R. McGill, Esquire

OWCP Disability Retirement for Federal Government Employees? Beware the Lull of Complacency

Monotony is a state of being which we often criticize, yet unintentionally seek; for it is that hiatus of quietude which allows for thoughtful reflection, and recuperative islands of serenity, which serves to prevail upon an otherwise maniacal universe of a fast-paced technological world of smart phones, email, and the constant drone of machinery and demands of the modern decalogue.

But the problems inherent with the calm of normalcy is that it serves the unwanted plate of complacency; and it is precisely the latter which then results in procrastination, a sense that things can wait until tomorrow — until that tomorrow leaves us in the throes of yesterday.

And so it is with Federal and Postal employees who remain on OWCP/Department of Labor benefits, where the luxury of being paid 66 2/3 % if without dependents, and 75% with dependents, provides for that period of life when nothing moves and everything remains static, while one attempts to recuperate from an injury or occupational disease.  But as one remains in that island of calm, the world — and time — continues to march on (do the young of today fully understand the metaphor of time in this digital age where the rhythmic constancy of a ticking clock is no longer heard?).

The Federal or Postal employee might receive a notice of separation from Federal Service, but since the OWCP payments will continue, not think twice about such mundane consequences.  But Federal Disability Retirement benefits must be filed for within one (1) year of separation from Federal Service; and when the hiatus of OWCP benefits is suddenly terminated, the world of monotony may turn upside down into one of unintended turmoil, unless a “back-up” system of benefits was applied for.

Reflective moments are a positive thing; inaction for too long, however, often results in atrophy — a state of being which is never a positive one.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: History, Causal Connection, Exacerbation & Pre-existing Conditions

In OWCP/Department of Labor cases, there are important elements to prove in order to obtain FECA benefits — i.e., the history of the event (the “how” it happened); causality (the where and when it happened, in order to establish workplace connection); whether the injury involved an exacerbation of a prior injury; and whether any prior injury entailed a pre-existing condition.  

Any or all of the previously-listed elements can have an impact in a Department of Labor, Federal Worker’s Compensation Claim.  

In a Federal Disability Retirement claim through the U.S. Office of Personnel Management, however, none of the elements identified heretofore have a direct relevance upon a Federal or Postal employee’s eligibility for Federal Disability Retirement benefits.  

There can be, however, some indirect issues.  Thus:  History of one’s medical condition is normally only collaterally relevant; causality is rarely of any significance, precisely because there is no requirement that the medical condition was caused by or in connection with one’s work — except to the extent that one must show that one became unable to perform one or more of the essential elements of one’s job while a Federal or Postal employee; exacerbation may have some relative importance, if only because if one has been able to perform the essential elements of one’s job while suffering from a medical condition, you might be required to show why you cannot do the job “now” as opposed to those years of having performed the job previously.  And, finally, the pre-existence of a medical condition — pre-existing one’s Federal employment — would only become an issue if one were to be able to perform the job, and there comes a point when the medical condition worsens; but that is merely a matter of showing the deteriorating impact of one’s medical condition.  

Ultimately, the point is that FERS & CSRS Disability Retirement is conceptually and practically different from OWCP cases, and the potential Disability Retirement applicant should not confuse the two.  To do so would be to defeat the capacity and ability to wisely choose.  

Alternatives exist if, and only if, one is aware of the choices to be made.  Wisdom comes about when one becomes aware of differences between two or more choices.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: OWCP & the Deception of Temptation

It has happened many times before; is continuing to occur today; and will continue to entice unwary Federal and Postal employees throughout the country, throughout the year, and coalesce into a tragedy of errors — without any comedic value involved.

For Federal and Postal employees who become comfortably ensconced in the higher rate of compensation received from the Office of Worker’s Compensation Program, administered through the Department of Labor, under the Federal Employees Compensation Act, the notification (or not) of one’s separation from the agency’s rolls may come at a time when the Federal or Postal employee is distracted with more important issues at hand: personal matters; medical complications; perhaps just trying to get through each day within the traumatic universe of chronic pain or severe depression.

From the Agency’s viewpoint, the notification of separation from Federal Service, or termination of employment from the U.S. Postal Service, is merely another administrative detail to close out a personnel file — a mere name to be deleted, with future expectations of a replacement for a particular position.

From the Federal or Postal employee’s standpoint, it represents one’s life, career, end of a vocation which one worked so hard for — and, quite possibly, the foregoing of an important benefit if the Federal or Postal employee is unaware, or not made clearly aware, that the Federal or Postal employee only has one year from the date of separation from service, whether you are on OWCP rolls or not, to file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management.

Compensation from OWCP can be tempting and lull one into a false sense of security.  But the day may come when the Department of Labor terminates such payments; at that point, if the 12-month period has passed, you have no option to file for Federal Disability Retirement benefits.  The deceptive temptation of OWCP may have some irreversible consequences.  Be aware of them.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: Taking the Longer View

The converse viewpoint of the short-sale, or short-term view, is the obvious:  to look to one’s future with a long-term view, which often takes self-discipline in ignoring the short-term gain.  In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is often difficult to disregard the attraction of OWCP payments, and to instead plan for one’s future by opting for Federal Disability Retirement benefits from OPM.

Under FECA/DOL, OWCP pays 75% of one’s Federal or Postal salary tax free (if one has dependents), and 66 2/3% without dependents.  That is a sizable compensatory attraction.  However, with limited exceptions, when one is under the thumb of OWCP, you:  A.  Cannot work at another job, B.  Must do what OWCP says in order to continue the benefit, C.  Must be careful, as the watchful eye, especially in the form of a video camera, may be anywhere and everywhere, and D. Will likely be subjected to second and third opinion doctors, as well as a nursing case manager, to try and expedite your return to your job.

Ultimately, OWCP is not a retirement system, and the job of the Department of Labor is to get you back to your former job as quickly as possible.  OPM Disability Retirement, on the other hand, is a compensatory system whereby one is encouraged to go out and begin anew.  The long-term view is often the harder road to take; it is, however, meant to reward one for a lifetime, as opposed to a momentary and fleeting memory which will end soon enough.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: OWCP & the Short Sale

Americans are often looked upon as short-sighted.  Lacking historical longevity, both in terms of an enduring civilization as well as culture, the economic, mercantile (some would say ‘mercenary’), materialistic approach of the American Way lends itself to criticism for the emphasized focus upon short-term gain and profit.

For those questioning whether or not a Federal Disability Retirement annuity, in comparison with compensation received or being received through the Department of Labor, Office of Workers’ Compensation Programs (FECA), would be beneficial, may be suffering from the American-Way syndrome — of viewing the higher pay alone and in a vacuum, without considering the superior benefits of the longer view of life.

Indeed, under an annuity from the U.S. Office of Personnel Management, Federal Disability Retirement benefits, whether under FERS or CSRS, one may continue to receive the Federal Disability Retirement annuity, and yet work and receive income on top of the Federal Disability Retirement annuity, up to 80% of what one’s former Federal or Postal job currently pays.  Under OWCP, of course, one cannot work while receiving temporary total disability payments.

Further, it is important to understand that the time that one is on Federal Disability Retirement counts towards the total number of years of Federal service, so that when it converts to regular retirement at age 62, all those years on Federal Disability Retirement are counted.

Short term sale or long term goals and benefits?

Whether lacking in culture, history or an enduring civilization, it is always beneficial to review the present, in order to plan for the future.  Short sales often sell one short, and that is something which the Federal and Postal employee must take into account in preparing, formulating, and filing for Federal Disability Retirement benefits from OPM, whether under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: Moving beyond the Stagnant Waters of OWCP

“Is it possible…” is an impossible question to answer.  For, the conceptual distinction between that which is possible, as opposed to probable, is one which reveals the chasm between the world of fantasy and one of reality.  The world of the “possible” is unconstrained and unbounded; the world of probable occurrences may be fenced in by statistical constructs, actual circumstances, and real-world experiences.

While it is possible to stay on OWCP for a long duration, it is also probable that OWCP will cut off one’s benefits at some future, undetermined and unexpected time.  

Thus, for the Federal or Postal employee who is on, has been on, or even is contemplating filing for, OWCP/FECA benefits because of a work-related injury, the benefit itself is attractive enough to remain on the rolls of OWCP until such time as (A) the Federal or Postal employee can return back to work, (B) the Federal or Postal Worker is deemed recovered, and the OWCP benefits are cut off, or (C) the Federal or Postal Worker decides to “move on” in life.

The first two choices are essentially out of the arena of “control” of the Federal or Postal employee, for one cannot determine or expedite the recovery period of a medical condition, and further, only the doctor (or its surrogate, the Office of Worker’s Compensation Programs) can determine whether or not the Federal or Postal work is now recovered.  

As for the last choice, however, it is the Federal or Postal worker who can make the determination — especially if one has already gotten an approval from the U.S. Office of Personnel Management on one’s Federal OPM Disability Retirement application.

OWCP is not a retirement system; one cannot work at another job while on OWCP; one must sit and do what the OWCP case worker tells you to do.  It is only with Federal Disability Retirement benefits, whether under FERS or CSRS, that one can actually engage in another, alternative vocation or career, and begin to move on in life, and become released from the stagnant waters of a constraining medical condition — or that of OWCP.

Sincerely,

Robert R. McGill, Esquire

 

Federal Worker Disability Retirement: The Deception of Being on OWCP

“But I am on OWCP,” the caller insists.  “But that wasn’t the question.  The question is, are you still on the rolls of the agency?”  “But OWCP has been paying me for the last 2 years and…”

The deceptiveness of being on OWCP and receiving payment from Worker’s Comp results in a feeling of security and lulls one into a sense of comfort.  But receiving OWCP/FECA benefits does not mean that one cannot be separated from Federal Service.  Indeed, many people continue to remain on OWCP rolls, receive the non-taxable benefit, and believe that, because they are on OWCP, this somehow means that they have not be separated from Federal Service.  Beware.  Be aware.  While on OWCP, if the agency moves to separate you, that means that you have one (1) year from the date of separation to file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS.

Being “on” the rolls of OWCP does not stop, prevent, or otherwise interfere with the agency’s determination or right to separate the Federal or Postal employee in order to fill that position.  Then, of course, once a person is separated, and over a year passes, one can no longer file for Federal Disability Retirement benefits, whether under FERS or CSRS, if over a year passes by, because under the law (what is called the “Statute of Limitations“), a Federal or Postal employee must file for Federal Disability Retirement benefits within one (1) year of being separated from Federal Service.

Sincerely,

Robert R. McGill, Esquire