U.S. Postal and Federal Disability Retirement: The Proper Mental Approach

One must always have the proper mental preparation before engaging the administrative process of Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS.

First, one must understand that it is a benefit which is not an automatic entitlement, but rather a potential eligibility benefit — and, as such, one must prove by a preponderance of the evidence that one meets the entirety of the legal criteria for such eligibility.  It is not a benefit where there is a simple trigger mechanism — e.g., one’s age, particular factual circumstances, etc. — which then automatically grants the entitlement to the benefit itself.

Second, as an administrative process, one must prepare for the full procedures involved — from the initial application stage, to a possible denial and a request for reconsideration; to a second denial, and an appeal to the U.S. Merit Systems Protection Board (which, by the way, happens to be shut down because of the budget impasse but that may change today); and, beyond the initial appeal, an appeal to the Full Board of the MSPB, and even beyond that (for extraordinary cases), to the Federal Circuit Court of Appeals.  Unless one is prepared to embrace the full administrative process, the ups-and-downs of emotional turmoil and lack of preparedness will wear you down.

And, finally, mental preparation must entail financial considerations — of what to do in order to survive during the long and arduous process.  For, as an administrative benefit which must be proven, one should always understand that one must fight every step of the way.

Only with the proper mental preparedness will one be able to engage the fight to earn the right to such a benefit.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: The Psychological Process

One of the reasons why the Federal or Postal employee contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, should view the entirety of the administrative process as just that — a “process” as opposed to an entitlement to benefits — is because (a) that is in fact what it is and (b) to fail to view it from that perspective would be to refuse to adequately prepare for the long and arduous procedural pitfalls which are inherent in each case.

This is not an entitlement where a specific trigger of an event results in the automatic calculation and issuance of compensation.  Reaching a certain age does not result in the granting of Federal Disability Retirement benefits (although it may end it and be recalculated at age 62); attaining a certain number of years of service will not qualify one for Federal disability Retirement benefits (but again, upon reaching age 62, it may result in a beneficial calculation of benefits for having a greater number of years of service).

Rather, Federal Disability Retirement is an administrative, legal process in which one must prove by a preponderance of the evidence that one is (1) eligible, in that one meets certain minimum requirements, such as 18 months of Federal Service under FERS, or 5 years under CSRS, and (2) entitled, by proving that one has met the legal requirements under the statutes, regulations and case-law.

By having the proper psychological perspective, one is better able to prepare for the long haul before starting the process of preparing, formulating and filing for Federal Disability Retirement benefits, whether under FERS or CSRS, from the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: The Approach

In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS from the Office of Personnel Management, one should always make the conceptual distinction between an “entitlement” and an “eligible benefit”.  

Federal Disability Retirement benefits fall into the latter category.  However, because the technical distinction between an “entitlement” and an “eligible benefit” is often not made, or not thought of, the approach in preparing and filing a Federal Disability Retirement application becomes problematic and fraught with defects.  

In speaking with various Federal and Postal employees who are contemplating filing for Federal Disability Retirement benefits, one often hears the case that his or her particular disability retirement application is “a sure thing,” or that the “medical evidence shows that it’ll sail through.” 

While self-confidence is an admirable quality, approaching a Federal Disability Retirement application with the idea that the benefit is tantamount to an entitlement because of the strength of meeting the applicable burden of proof, is what is popularly referred to as, “A recipe for disaster”.

When a Federal Disability Retirement application is reviewed by the Office of Personnel Management, it is never a sure thing.  It must be carefully prepared and presented, and any amount of taking an issue or element of the application for granted is a foolhardy perspective.  

Self-confidence should arise after a good piece of work has been accomplished; and, even then, one should always be prepared to engage in a protracted battle.  After all, the eligible benefit of Federal Disability Retirement is worth fighting for, in order to secure one’s physical, mental, and financial future.

Sincerely,

Robert R. McGill, Esquire