OPM Disability Retirement: The Process of Decision-Making

As has been previously stated in repetitive fashion, 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 important to understand and acknowledge the duality of the process — for it is a process, as opposed to a singular event, both as an administrative legal issue, as well as for the individual Federal or Postal employee in a personal sense.

To clarify:  As an administrative issue, it is a process which involves multiples stages of argumentation (potentially).  Yes, it would be nice if every case was decided with an approval at the First/Initial Stage of the administrative process; however, there is a purpose and a reason why there are multiple stages.  It is precisely because it was anticipated that there would be denials and appeals to such denials, that an administrative procedure for multiple stages of review and further submissions of evidence and arguments was constructed and implemented.  It is not an entitlement pursuant to a fixed date, a fixed age, or a triggering event.  Rather, it is an administrative process which must be proven, applied for, and affirmatively shown that one is eligible.

From the personal perspective of the Federal or Postal employee, the decision of “when” to apply for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, is also a process, as opposed to a singular event.  There are, of course, cases where a traumatic injury or life-changing accident occurred, and such an event is the triggering moment for filing.  But for most Federal or Postal employees, the medical condition suffered is a progressively deteriorating process, and it is often difficult to determine a “date certain” where one can point to on a calendar and state, this is the day and hour when I cannot perform one or more of the essential elements of my job.

This is why there is an inherent complexity to a process, as opposed to a singular event of certitude — for, it is always the unknown and the uncertain which gives rise to the anxieties of life, and a process is indeed a period of the unknown, and a chasm of uncertainty.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal and Postal Employees: The Diatribe

There may well be an appropriate time for a lengthy diatribe.  The act itself often finds its impetus in bitterness; it also implies a lack of control, overwhelmed by anger and originating in attribution by an act of injustice.  But where emotion controls rationality, the loss of sequential propriety normally results in a corresponding lack of coherence and comprehension.

For Federal and Postal Workers who are considering filing for Federal Disability Retirement benefits, whether the Federal or Postal Worker is under FERS or CSRS, the urge to right past wrongs is a compelling force which often erupts in a diatribe of sorts, within the content of a Federal Employee Disability Retirement claim. This is, unfortunately, a self-defeating proposition.

Yes, agency actions often comprise a compendium of injustices; yes, treatment of coworkers can be the basis of collateral actions; yes, discriminatory behavior may be a justifiable basis for filing EEO actions; but, no, weaving one’s frustration into the substance of a Federal Disability Retirement application is not the right path to take, for the simple reason that it is not the appropriate venue in which to vent.

Federal and Postal Workers who intend on filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, need to bifurcate the issues, and recognize the practical dualism in existence:  OPM is a separate Federal agency from the one employing the chronically ill or injured Federal Worker who intends to submit a Federal disability Retirement application (in most cases, unless of course the Federal employee works for OPM — and even then, the section which reviews the Federal Disability Retirement application is separate and distinct within the agency).

Context and appropriateness are invisible lines which need to be followed.  Diatribes may have their place in literature; it rarely serves a useful purpose in filing for CSRS or FERS Disability Retirement benefits through the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Workers: Fear and the Masking of Medical Conditions

Fear can exacerbate, and simultaneously hide the underlying cause.  The Western philosophical quest for the essence of a thing never considers whether the human element of fear is part of the problem; instead, the focus has always been to unravel and lift the veil from the world of appearances by either recognizing the imperfection of perceptual engagements, or by acknowledging that the objective world is unreachable and unknowable.

But fear is the penultimate human emotion of irrational masking; and when an individual has a physical or psychiatric condition such that this medical condition begins to deteriorate and debilitate, and impacts upon one’s workplace relationships, social engagements and family security, the exponential magnification of fear can mask the condition itself — or, at the very least, deliberately cover the symptomatologies which trigger alerts daily.  But the underlying motivation prompted by fear can only conceal for a time, until a flash-point occurs where the seriousness of the medical condition exceeds the ability of fear to mask; and when that crisis-point reaches fruition, the condition itself becomes a point of crisis.

Yes, fear can mask for a time; man has the unfathomable capacity to lie not only to one’s self, but to lie to the self which lies.

For Federal and Postal employees who walk with fear because of financial and workplace security, who are beset with a progressively deteriorating medical condition, fear is a factor of which one must contend.  Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS, is a great leap of faith.  But faith should first be reinforced with information; and so the best medicine to treat fear is to initially gather the information on the entire process.

Preparing, formulating and filing for Federal Disability Retirement; understand, reflect, and battle against the fear of ignorance.  That is the proper methodology and approach.

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