Postal and Federal Disability Retirement Benefits: Progressive Deterioration

The concept of progress normally implies a positive trajectory of events; but when combined with a negative idea, it reverses the trend.  To deteriorate in a progressive manner is to turn the concept on its head; it results in the upward trend spiraling downward; it reverses what should be, and transforms the positive into a negative statement.

The progressive deterioration of a person’s health can be an insidious, incremental and slow trending of the state of one’s being.  For the Federal or Postal employee who is experiencing such a phenomena, that experiential state of being becomes compounded with decision-making events which only exacerbates and complicates:  Am I taking too much time off from work?  What impact will this have upon my agency? How will the work get done while I take off?  What will be the response by my agency?

Such questions must always be in the context with the progressive nature of one’s medical condition — will it be a chronic and intractable deterioration, or will the negative trend at some point be reversible?

Cessation of the trend itself might be the acceptable point of positive inclination; reversing the trend in order to become better, healthier, stronger, etc., would be the greater goal.  But if the trending sees no end in sight, then considerations for the future must include the reality of filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS.

The linear trending of decline is the indicator of those peripheral future actions which must be concomitantly taken, in order to help support the negative trend.  Filing for Federal Disability Retirement benefits through OPM is a parallel course of action in order to support the trending declination, and one which should be considered in a timely manner.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: Agencies and Their Response

Compassion and empathy are commodities discovered rare in form and content, and even scarcer in the wrappings of timeless sincerity.  Individuals in the era of modernity lack any sense of communal obligation, precisely because of the fractured existence which naturally flows from a society built upon independence and self-reliance.

Further, when one encounters an entity, organization, corporate structure, or agency, it becomes that much more removed from any sense of personalized emotional contact, and instead we can deal with unwanted and unwelcome concerns by speaking in neutral platitudes; “the mission of the agency”; “it detracts from the team concept”; “performance-based incentives have not been met”; and on and on.

In the end, it is an antiseptic existence of an impersonal kind, but one which constitutes the reality of who we are.

For Federal and Postal workers who must face the daily grind of working within a bureaucracy which engulfs tens of thousands of workers, the need for simple kindness may be easily rebuffed when a crisis occurs such as the development of a medical condition.

There is, however, “the law” — of Federal Disability Retirement benefits, offered to every Federal and Postal employee under either FERS or CSRS.  Where compassion ends and the law begins, that available option is considered by a faceless entity as its replacement of the former, in order to neutralize the need for personalization.  Utilizing it and taking advantage of that which is available, is all that one can expect in terms of a human response from one’s agency.  So it is that the Federal and Postal employee, whether under FERS or CSRS, at least has the option at all.

It is a benefit which is filed through the U.S. Office of Personnel Management, and can allow for the individual to regain one’s foothold back into the world of sanity, and perhaps onto the pathway of one’s local community.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: Bureaucracy and the Objective Algorithm

On the one hand, objectivity can be viewed as a positive thing; for, with it, one is assured that all applications are treated equally, by the implementation of identical criteria across the board.  “Gut feelings”, personal beliefs, and that “sixth sense” is eliminated; and thus is fairness achieved by the equal treatment of all cases, and “exceptional circumstances” are not, and cannot be, considered.

What such an approach gains in large-scale application, however, may lose out in individual cases.  For, if experience and age accounts for anything, it should allow for decisions made outside of the mainstream of thought, based upon those very factors which make up the difference — wisdom from years of engaging in a particular endeavor.

The problem with the bureaucratization of a process is precisely that it fails to allow for exceptions; but concomitantly, it is precisely those unique circumstances which cry out for a carved-out exception.  In a Federal Disability Retirement application, submitted to the U.S. Office of Personnel Management, whether under FERS or CSRS, there are always cases where all of the facts and circumstances reveal eligibility; but in applying the mathematical (and thoughtless) algorithm of criteria-based analysis, there may be something missing.  Perhaps the doctor would not, or could not, say exactly X; or the test results revealed nothing particularly significant.

In some ways, the medical conditions identified as Fibromyalgia or Chronic Fatigue Syndrome represent such scenarios.  In those instances, it is important to descriptively convey the human narrative in a particularly poignant manner.

The administrative bureaucracy is here to remain among us; to rise above the level of thoughtless application of a criteria, however, one must creatively encourage the phoenix to rise from the ashes of boredom, and span its wings to include those others who deserve the benefits of Federal Disability Retirement.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: Agency Actions Are Merely Persuasive

Whether it is one’s own agency which acts, or some third-party agency, the effect of such actions upon a Federal Disability Retirement application under FERS or CSRS is merely persuasive, and not determinative, from the viewpoint of the Office of Personnel Management, whether under FERS or CSRS.  

Such actions may include:  Disqualification based upon a medical condition, whether because of the primary, underlying medical condition, or a secondary condition resulting from a prescription medication; determination by the Agency based upon a fitness for duty review; failure to pass certain physical fitness standards; declarative statement by the Agency that no accommodations can be accorded, whether because of one’s medical condition or other influencing factors; a conclusion reached by an Occupational Nurse or doctor; acceptance of a case by OWCP, Department of Labor; approval by the Social Security Administration, the Veterans Administration, etc. — all of these “third party” determinations can be persuasive for a Federal Disability Retirement application, but are not necessarily determinative in coming to a conclusion of approval by the Office of Personnel Management.  

Why “persuasive” as opposed to “determinative”?  Because of two fundamental reasons:  (1)  The Office of Personnel Management is an independent agency, mandated by statute, regulation and case-laws, to make its own determination of eligibility of each Federal Disability Retirement application, separate and apart from any other agency, and (2) such agencies which make such determinations are not medical facilities (although a doctor or nurse may have some involvement in the decision-making process), and this is ultimately a “medical” disability retirement, and not an agency retirement system mandated by law.  

As such, one must still prove by a preponderance of the evidence that one is eligible for Federal Disability Retirement benefits, based upon the nexus between one’s medical conditions and one’s essential elements of the Federal or Postal job.

Sincerely,

Robert R. McGill, Esquire