Medical Retirement Benefits for US Government Employees: Watchful Eyes

The falcon flies in our midst; with an unknown distance of its perimeter to prey, it suddenly appears, perched with watchful eyes for squirrels, rabbits, other birds, etc.  Its flight is silent and graceful, and long before people realize its presence, the silence and sudden muteness of wildlife activity reveals the fear imposed by its mere appearance.  It flies silently, swiftly, and with a grace which demands awe and respect.  From its high vantage point, the targeted prey below rarely stands a fair chance of avoidance.  Those eyes are focused, with a singular vision operating to corner, catch and consume.  Organisms under a microscope must feel a similar sense, if indeed they become aware of being studied and prodded.

People, too, who are being surveilled and inspected; there is often a sixth sense of being constantly and vigilantly watched.  Federal and Postal Workers who are under the onerous burden of a Performance Improvement Plan (the acronym of a “PIP”) have that same sense.  It is not a positive or productive feeling; it is, instead, a dread of knowing that the “watching” part is merely a prelude for further actions forthcoming, like the noiseless glide of the hawk above.

Being under the constant gaze of a predator often requires preventative action on the part of the prey; for Federal and Postal Workers who come to recognize that his or her job performance is deteriorating because of a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s job, preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management may be the best option and course of action to take.  Because it is taking such a long time to get an approval these days, preparatory steps should be taken early.  Waiting for a separation from service, while still allowing for time thereafter to file, is normally not the wisest course.

As it is always better to be the “watcher” than the “watched”, so the Federal employee who needs to file for OPM Disability Retirement benefits should take the affirmative steps to prepare for an eventuality — that time when, like the hawk who has made a decision to target its prey, the Federal or Postal Worker has a place of refuge to enter.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: Another Day to Fight

I often tell young people who are contemplating going to Law School that, to become a lawyer, one must accept a life of constant contentiousness.  While “professional courtesy” in the field of practicing law is often spoken about, and courtroom decorum is indeed important to maintain, it is nevertheless a profession which faces controversy, contentiousness, debate, disagreement — and, yes, disagreeableness.

One might think that in the field of Administrative Law, such as Federal Disability Retirement law, where the singular issue is whether a Federal or Postal employee is eligible for Federal Disability Retirement benefits, that the level of confrontation and contentiousness may be limited.  It is not.

This is because the emotional, mental, financial and future security of an individual is at stake.  At any given moment in time, the client who is counting on getting an approval from the Office of Personnel Management, may feel the anguish of the wait.

It is up to the Attorney who represents the Federal or Postal employee to win the fight, and to know that so long as there is another day to fight, there is always a chance that the client will obtain the Federal Disability Retirement benefit that he or she rightfully deserves.  Today or tomorrow is another day to fight, and it is another day of contentiousness which is worth it, because that is what we are paid to do.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: What to Do

Whether or not one should hire an OPM Disability Attorney at the initial stage of the process of filing for Federal Disability Retirement benefits under FERS or CSRS, or whether to wait for a denial; such a question must be answered by each Federal or Postal employee, based upon the strength of a case, based upon the financial resources of the individual and the family, and based upon the ability of the potential applicant to organize, compile, streamline, delineate, communicate, descriptively convey, and methodologically argue the strength of a case.  Much of being able to successfully compile the multiple facets of a Federal or Postal Disability Retirement application depends upon the discretionary ability to make judgments about which aspects to emphasize and magnify; which aspects to de-emphasize; and (often) most importantly, which issues to “leave alone”. 

Whatever it is that one does in preparing a Federal or Postal Disability Retirement Application under FERS or CSRS, the “What to Do” list must always include what NOT to do.  Whatever it is that one does, one should do nothing that is going to negatively impact one’s application or case.  And, above all, remember that the person who “assumes” that the Federal Disability Retirement application will be approved at the first stage, and prepares such a packet, is often the person who regrets having said “this or that”, or wishes that “x, y or z” had not been included.  This is especially true when it gets denied the first time, and then the second time, and it is now being reviewed by an Administrative Judge.  On the other hand, I have found that there are few, if any, issues which are not ultimately “correctable” or able to be “explained away”.

Sincerely,

Robert R. McGill, Esquire

Federal & Postal Service Disability Retirement: Agency Support

Sometimes, the question comes up as to whether or not it is important to have the blessing or support of the Agency or the USPS, when filing for Federal Disability Retirement benefits under FERS or CSRS. My answer to such a question is fairly uniform and redundant:  this is a medical disability retirement; it is unwise to proceed to apply for Federal Disability Retirement benefits on the assumption that your Supervisor or Agency will be supportive, for there is no guarantee as to what “supportive” means (they may have a completely different understanding or definition of the concept than you do — something which you probably learned over many years of working in the Federal Sector), and further, the primary focus from the perspective of the Office of Personnel Management, is upon the medical evidence presented and how the medical condition impacts one or more of the essential elements of your job.  The Supervisor’s Statement should be minimized in importance and relevance, as much as possible, by ensuring that the rest of the disability retirement application is “excellent”.  By doing this, you neutralize any undue dependence upon an Agency’s alleged “support” of your application.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Each Step is a New Review

There are only one of several ways in which a Federal disability retirement application under FERS or CSRS can be lost: Either a Judge at the Federal Circuit Court of Appeals renders a final opinion denying a Federal or Postal Employee his or her disability retirement, or the Federal or Postal employee simply gives up.  As to the former:  Even then, if the Federal or Postal employee has not been separated from service for more than one (1) year, he or she may file a new application for disability retirement. 

Thus, we are left with the latter:  a disability retirement applicant simply gives up.  By “giving up” is meant:  the next step is not taken; the time-frame within which to file a Request for Reconsideration or an appeal is allowed to “lapse”; or, if an appeal is taken, it is done with resignation and surrender.  Nothing good can come out of such an approach.  Each step of the process in a Federal disability retirement case must be attacked aggressively.  Each step must be looked at as a potential place for a new review. Think about it in reverse:  If you don’t take the next step, then nothing good will certainly happen, so what is there to lose?  Indeed, there are times when a client hires me to file a Request for Reconsideration or an appeal to the Merit Systems Protection Board, and the mere filing of my appearance into the case persuades and convinces the OPM representative to reverse course and grant the disability retirement application.  The point of making such a statement is not to “brag”, but to make the larger point:  good things can happen only if you affirmatively act.  Otherwise, you are left with what King Lear said to his daughter Cordelia, that “nothing can come from nothing”. 

Sincerely,

Robert R. McGill, Esquire