Postal and Federal Disability Retirement: Regardless

It matters not for a bureaucracy, as to which Party occupies the executive or legislative branches of government (regardless — and we shall refrain from irritating those linguistic perfectionists who would vociferously object to inserting the term, “irregardless”, which is a meaningless but playfully interesting word, employing a double-negative and thus leaving one with the originating root word of “regard” — the bureaucracy of any administration will proceed uninterrupted).

A recent statement foretold of a truism before and after this election:  whoever wins, one thing will be certain:  government will continue to expand, and the bureaucracy will persistently chug along.

Often, people start, stop, or continue projects, initiate necessary actions, etc., based upon what someone else decides to do or not do, by depending upon an act or event outside of one’s control.  What one must understand, however, is that the bureaucracy of any government will continue to operate, regardless of any changes at the top.

As such, for Federal or Postal workers who are contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is best to ignore outside, third-party actions, in preparing, formulating and filing for Federal Disability Retirement benefits.  To depend upon the actions of others outside of one’s control will only lead to frustration and loss of time.  Affirmatively prove your case, and file when it is time to file.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: The Wrong Approach of Not Losing

Both in sports and in politics, the sure-fire way of ensuring a negative outcome is to play not to lose.  Similarly, in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, there is a logical sequence of events and issues to tackle.

While it is important to become “informed”, and to have a peripheral eye towards potential future problems (indeed, the undersigned author has written numerous articles about building foundational blocks to prevent future issues from becoming obstacles; and of concretizing potential red flags and addressing them before they become actual roadblocks to a successful outcome, etc.), it is also important to maintain a “present” perspective, and to keep the logical sequence of the mechanical aspects of preparing an effective Federal Disability Retirement case at hand.

Once the decision is made to go forward, the multiplicity of complex components of putting together a Federal Disability Retirement application can derail an attempt if every inch of minutiae is ruminated over. Move forward with what one has, and do it with a goal of a successful outcome.

Disability Retirement under FERS or CSRS needs to be approached, first and foremost, in its most basic components:  A medical condition (the doctor’s narrative report); the applicant’s statement of disability; the bridge between the two.  Everything else is a complexity which encapsulates details which, while important, must remain on the periphery and lend supportive contact to the central issues of the case.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: Affirmative Proof

It is a single agency — the U.S. Office of Personnel Management, and specifically the Disability, Reconsideration and Appeals Division — which makes the determination on all Federal and Postal Disability Retirement applications.

It is not the agency (although the agency can provide some nominal assistance on some peripheral issues); it is not the U.S. Postal Service; it is not the Human Resources Department of the agency (the personnel of whom will often claim that they have processed “thousands” of such submissions and never had one rejected); and it is certainly not the H.R. Shared Services office of the U.S. Postal Service in Greensboro, N.C. — these are not the Federal or Postal entities which make a determination upon a Federal Disability Retirement application under FERS or CSRS.

In preparing, formulating and filing for Federal Disability Retirement benefits under either FERS or CSRS, it is the affirmative duty of the applicant — the Federal worker employed by a Federal agency; or the U.S. Postal Worker — who must prepare the case, formulate the content of the proof and arguments to be used; and ultimately file the case, either through the agency if the Federal or Postal employee is still employed or any separation from Federal or Postal Service has been less than thirty one (31) days; or, if the Federal or Postal worker has been separated from Federal Service for more than thirty one (31) days, then to file it directly with the U.S. Office of Personnel Management, and to do so within one (1) year of being separated from Federal Service.

The proof to submit must be affirmative — meaning, thereby, that it addresses each of the legal criteria necessary to be found “eligible” for Federal Disability Retirement benefits.  You cannot rely upon the agency, third parties or other entities to do this; it must be done by the particular “you”, or if the referential point is reversed, by the “I”, as in the Federal or Postal employee.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: Systematic Approach

It is clear from reviewing many of the Federal Disability Retirement applications which have been denied, either at the initial application stage of the process or at the Second, Reconsideration Stage of the process, that the failure to apply a systematic approach in preparing, formulating and filing the Federal Disability Retirement application was entirely lacking.  

The lack of systematically compiling and formulating the evidence to meet the legal standard of “preponderance of the evidence” in a Federal Disability Retirement application under FERS or CSRS can be fatal to one’s efforts.  For, ultimately, it is the nature of the presentation and how it is compiled, delineated and orchestrated which provides for the effective implementation of such an endeavor.

Take the following example:  a “flail” is a farm instrument used for threshing, and in the hands of an experienced user of such equipment, it was an effective tool and implement which systematically cleared a field when in the hands of one who had the experience, knowledge and practical application of such a tool.  Used in modern linguistic terms, the concept, “He was flailing his arms” has come to mean that a person is waving and thrashing about in a manner which lacks harmony, elegance or purposeful end — in a wild and wasteful effort of energy.  

The deliberative approach in preparing and formulating any endeavor in life is an encompassing use of a particular tool in a proper manner, for the purpose for which it was created, to bring about an end for which it was designed, and to preserve the energy necessary to bring about the end in mind.

Preparing, formulating a filing a Federal Disability Retirement application under FERS or CSRS is to use the flail properly, and not to flail about.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: Affirmation, Communication & Support

Once a Federal Disability Retirement application has been thoughtfully prepared, formulated and filed with the Office of Personnel Management, it is a long engagement in something similar to trench warfare, where the long wait for the decision-making process must begin, endure, and come to fruition.  

In days prior to public access to the internet, Federal and Postal employees had very little, if any, access to the public domain of communicating to other Federal or Postal employees to get a sense of the successes or failures of others in the same or similar endeavors.  Access to other people’s experiences on public web domains, blog posts and other means of internet communication has allowed for interaction and communication within a wider community of Federal and Postal employees, in contrast to the pre-computer days (and yes, I am old enough to remember those days, when college term papers were written on an electric typewriter and space had to be calculated at the bottom of each page to allow for footnotes, as opposed to the ease of present-day cut-and-paste and automatic spacing by the computer program) when Federal and Postal employees were essentially isolated and unable to have access, let alone communicate, with others to attain a sense of affirmation by the experiences of others.  

Having that sense of isolation is one of those greater difficulties during the waiting wasteland period of filing for Federal Disability Retirement benefits under FERS or CSRS.  Moreover, especially in times of greater stagnation — summer months of people’s vacations; Thanksgiving, Christmas, New Years, etc. — the sense of isolation is exponentially magnified.  Reach out on the web and read about other people’s experiences in preparing, formulating and filing for Federal Disability Retirement benefits.  While each case is unique and different, one may gain a sense of affirmation by learning about the experiential factors of other Federal and Postal employees.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: Compounding Complexities

As with most things in life, preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS from the Office of Personnel Management is an engagement of a process which should be affirmatively sought without delay.  Delay and procrastination results in further compounding the complexities which result from a medical condition.  

Dealing with a medical condition while attempting to perform all of the essential elements of one’s Federal or Postal position is complex enough; when it becomes apparent that one’s medical condition will last for a minimum of 12 months, and further, that one or more of the essential elements of one’s job can no longer be performed as a result of the medical condition, then it is time to consider filing for Federal Disability Retirement benefits under FERS or CSRS.  

The cumulative effect of delay and procrastination becomes progressively compounded in both complexity and unintended consequences:  the Agency begins to put greater pressure as work has to be shifted to others; greater mistrust arises; Agencies begin to react with adverse, punitive measures, such as imposing unreasonable leave restrictions, placing an individual on a PIP, proposing suspensions and other adverse actions; all of which results in greater anxiety and exacerbation of one’s medical conditions, which become deleteriously impacted because of the health, financial and professional pressures felt.  

Unless a delay upon making a decision in preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS is “planned”  — for a viable, reasonable and rationally-based purpose — such delay and procrastination will only accelerate and compound the problems of one’s life.  The benefit of a medical retirement under FERS or CSRS was created and offered by the Federal Service for a specific purpose.  It is well to embrace that purpose with purposefulness. 

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: Priority and Importance

In preparing a Federal Disability Retirement application under FERS or CSRS, it is important to always distinguish between two conceptual paradigms:  priority of an issue, and the importance of an issue.

While gathering the proper evidence and substantiating medical documentation is of importance, it should not be the priority.  The priority — that which should precede another — should be to take care of the medical condition itself (i.e., to get the proper treatment modalities, to undergo the necessary diagnostic tests, to follow the treatment regimen of the doctor, etc.).

At some point, of course, the question will arise:  Is it time to consider filing for Federal Disability Retirement under FERS or CSRS?  Can I continue to work at my job?  Is my job performance suffering?  At that critical juncture, then the issue of importance may arise.  While priority has to do with that which is first in a series of issues, the concept of “importance” can entail multiple issues all at once.

Once the question of “whether” is answered in the affirmative, then one must begin to approach the doctor for his or her support; to begin to annotate how the medical condition is impacting one’s ability/inability to perform the essential elements of one’s job, etc.  All throughout, of course, the priority of getting the proper medical care is paramount.  Everything else is secondary, but other things can concurrently be of importance.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Affirmative Steps

Being “aggressive” is often a misunderstood concept.  It is often taken to mean, “pushing people aside” or stepping outside the bounds of decency or acceptable behavior.

In filing for Federal Disability Retirement benefits under FERS or CSRS, the concept should merely entail the assertion of one’s rights under the law — of taking those affirmative steps in ensuring the best possible chances of obtaining an approval.  The old adage to a child is:  “Don’t undertake something unless you are going to do it well.”  The same concept applies.

In preparing a Federal Disability Retirement application under FERS or CSRS, whether a Postal employee or a Federal, non-Postal employee, one needs to take the necessary steps in order to ensure the best possible outcome — both before (preliminary steps, which often involves speaking to the doctors), during (reviewing the entire application packet, for instance, prior to submission, for viability and effectiveness), and after (protecting one’s Federal Disability Retirement benefits) the process.

Within the bounds of decency and acceptable behavior, one needs to always be aggressive in preparing for and filing a Federal Disability Retirement application under FERS or CSRS.

Sincerely,

Robert R. McGill, Attorney

 

Federal Worker Disability Retirement: Bruner Revisited

In filing for Federal Disability Retirement benefits under FERS or CSRS, one should never pause or hesitate from affirmatively going forward in preparing a Federal Disability Retirement application based upon what the Agency will or will not do; is expected or not expected to do; or is predicted or not predicted to do.  One should simply move forward based upon one’s personal and professional circumstances, the extent of the medical condition, the impact of one’s medical condition upon one’s ability to perform the essential elements of one’s job, etc.  

Thus, for instance, where a Federal or Postal employee has informed the Agency of one’s medical condition, or one has filed for FMLA and submitted substantiating medical documentation, if the plan is to “wait” for the Agency to remove the Federal or Postal employee in order to obtain the advantage of what is generally known as the “Bruner Presumption,” such a plan is normally not the best course of action, for various reasons.  

First, the Agency may take an extraordinary amount of time, and in the end, may attempt to remove the Federal or Postal employee for “other reasons” (performance issues, for instance).  Second, whether or not one “gets” the Bruner Presumption in a case, that legal advantage is really for the Third Stage of the process — at the Merit Systems Protection Board — inasmuch as most of the Claims Reviewers at the Office of Personnel Management are not legally informed enough to know such a legal presumption from a nearby neighbor named John Doe Bruner.  And Third, one must affirmatively prove by a preponderance of the evidence, anyway, that one cannot perform the essential elements of one’s job because of a medical condition.  The Bruner Presumption, while a great thing to have, does not override the medical condition and evidence which must be presented.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Changes

Changes in life occur at critical times, and whether the critical time-period is determined by the medical condition, or other events, what is always important is to take the affirmative steps yourself, as opposed to waiting for events to spiral out of control.  Rarely should one await for the Agency to “do something” which is advantageous to one’s situation.  In filing for Federal Disability Retirement benefits under FERS or CSRS, it is important to always be the one to take the lead on everything — from obtaining the proper medical documentation, to ensuring that the Agency is completing their portion of required forms, to making sure that a Federal Disability Retirement packet is fully and completed formulated, such that it will prove one’s case by a preponderance of the evidence and meet the legal criteria for an approval.  Time is of the essence in each Federal Disability Retirement case, especially when time conspires against one’s own interests.

Sincerely,

Robert R. McGill, Esquire