Federal Employee Disability Retirement: Fight or Give Up

Those are the only two choices for most of life’s challenges and encounters: To fight for something, or to abandon it completely.  Of course, the “middle ground” is often preached — as in some sort of compromise, or to learn the “tools” of “conflict resolution”, etc.  But that all depends upon the conflict itself, doesn’t it?

Some issues of contentiousness simply do not accord a middle ground; there is no compromise for the mountain climber inching up the North Face of the Eiger — going back down is just as dangerous as struggling upwards, and so it is to either fight or give up, where the latter results in sure death and becoming a frozen corpse of another defeated detritus.

And in the Animal Kingdom — is there ever an alternative third way?  The predator who chases after its prey; flight for the prey is tantamount to a fight — i.e., to “fight” for one’s life by trying to outrun the predator; or, to give up.  There is no “rationalizing” with the cheetah or the lion; one cannot “reason” with the predator in an effort to try and dissuade it from devouring you for its lunch or dinnertime meal.

And so it is with the Federal employee or U.S. Postal worker who suffers from a medical condition such that the medical condition no longer allows the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job — the choice is between fighting for the benefit or to simply give up.  There is no middle ground or “conflict resolution”; either the disability retirement is granted in full or not at all.

Further, resignation or termination from the Federal or Postal employment makes the choice as clearly defined in stark terms: continuation in the job is no longer an option, and inaction merely means you have given up because you only have one (1) year from the date of separation to file for Federal Disability Retirement.

If the choice is made to “fight” as opposed to “give up”, then it is best to have an advocate on your side and consult with a lawyer who specializes in Federal Disability Retirement Law.  For, if the choice is between fighting or giving up, and the Federal or Postal employee decides to take the former course of action, then give it your best shot by having an attorney who knows the process, cites the relevant law and prepares your case to give you the best opportunity at winning.

Sincerely,

Robert R. McGill, Esquire

 

CSRS & FERS Medical Disability Retirement: Insipience

The thread of differentiation and conceptual distinction can be based upon a mere sliver.  In practical life, pausing a moment because a person forgot his or her keys, can result in avoiding a chain of events terminating in causal calamities, merely because the time differentiation as a consequence of the slight delay allows for time to alter the historical ripples of cause and effect.

Words and conceptual distinctions can have similar minutiae of differentiations.  Linguistic gymnastics and elasticity aside, the word “insipience” conveys a meaning of being foolish and lacking of wisdom.  Changing a single consonant, and instead transforming the word into “incipience”, suddenly alters the concept into one encompassing origination and beginning stages.  Upon closer inspection, however, such a singular change of a consonant resulting in a radical alteration of meaning explodes with a recognition that the two are closely related: That which is in its beginning stages is often lacking of wisdom, precisely because little or no thought or reflection has been allowed.

That is precisely why the beginning stage of a process is so important — because it lays the foundation for all that follows. For Federal and Postal employees who suffer from a medical condition, such that the medical condition begins to impact one’s capacity to perform the essential elements of one’s job, the importance of beginning the sequential procedure of formulating an effective Federal Disability Retirement application cannot be overly stressed.

Federal Disability Retirement is a submission which is reviewed by the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS.  As such, the reviewing process is accomplished be an agency separate and distinct (in most cases) from the one the Federal or Postal employee is employed by.  The early stages of formulation and preparation in a Federal Disability Retirement application will provide the necessary and important foundation for the successful outcome of a Federal Disability Retirement case.

It is thus the incipience of formulating and preparing a Federal Disability Retirement application, which will determine whether or not the outcome will be insipient, or not.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement Benefits for US Government Employees: Repairs

NASA astronauts train to repair their own complex instruments in space

It is to fix or mend, often applying to inanimate objects in attempting to return it to a state of existence prior to damage or defective manifestation.  We repair cars and upholsteries; lawn mowers are good candidates, and watches and anachronistic clocks of antiquity represent a special and technical requirement of expertise well beyond the facial simplicity of the unspeaking time teller.

It is that inner working of complexity which requires one to surrender a thing of incalculable beauty to a stranger with a mysterious ocular eye piece; like some futuristic member of the Jedi Order whose knowledge of the mechanical turbulences comprised of mainsprings, pendulums, balance wheels and pinions, with a dose of magic sprinkled by the wizard of time, hands trembling over the cauldron of sorcery with mumblings of necromancy and prophetic divinations.  It is the face of the clock or watch which makes its appearance one of beatific simplicity; the ugly inner workings are hidden, covered, concealed by the skin of time and the scales of infinity.

Despite all advances in medicine and medical research, scientists still have a long way to understand the complex human body

Humans are like that.  Though organic in nature, it is perhaps the complexity which is concealed that requires a wizardry beyond mediocrity in order to repair.

The stresses of the world impinging daily in incremental insidiousness, slowly and progressively destroying and gnawing at the internal mechanisms of complex functioning; until, one day, the spring which kept the timepiece accurate, or the pendulum which swayed to and fro in a symphony of monotonous rhythm, snaps suddenly to explode upon the surface of seeming quietude.

In common parlance, we say that he went crazy, or “postal”, or perhaps in more sublime instances of coordinated conspiracies, that a person simply could not take it any more.  Whatever the linguistic characterizations, responsibility for the damage to the time piece is never directly attributed; those who created the hostile work environment dissipate, and the sorcery of responsibility is magically disbursed into a thousand corners of ratholes to where such scoundrels scurry.

For Federal and Postal employees, whether under FERS or CSRS, there is always the option of filing for Federal Disability Retirement benefits, filed through the U.S. Office of Personnel Management, in order to escape the inevitable march of time which deteriorates. It is a benefit accorded to all Federal and Postal employees. It is not an escape hatch; it is not a cop-out; it is a necessity for those Federal and Postal workers who have dedicated themselves throughout all of these years, but have come to a point of crisis where one’s medical condition has begun to erupt through the surface of concealment, and has impacted one’s ability to perform all of the essential elements of one’s job.

When conventional treatment and medication regimens won’t work for you anymore, perhaps it’s time to consider filing for Federal Disability Retirement benefits

Just as modern technology and the worldly sophistication of today no longer relies upon the sorcery of incantations over bubbling cauldrons of mysterious but sweet-smelling ingredients, so it is often the failings of our own predilections of behavior which prevent us from moving forward towards that which is best for us. And like the time piece which needs the ocular eye managed by a futuristic Order of the Jedi, so the Federal or Postal employee needing Federal Disability Retirement may require the expertise of the appropriate counsel of choice.

Sincerely,

Robert R. McGill, Esquire

 

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

Federal Employee Medical Retirement: Dealing with Adversity

How does one deal with adversity?  When the adversary is a faceless entity, a bureaucracy which acts as a behemoth of epic proportions, one must take care in choosing the proper battle to engage.  For, ultimately, the victory or loss of a battle is often determined by logistical considerations — of where and when it is fought.

Further, it is important to identify who the “enemy” is against whom one wages a battle.  Is it a separate entity, or is the real enemy one’s self?  When an individual is suffering from a medical condition such that one is weakened, others will often begin to smell the scent of such weakness, and begin to prey upon the deteriorated state if is “worth the while” to fight against the agency, the system, and the entirety of the Federal Bureaucracy.

It is well and good to say, “I’m not giving up” and to fight for one’s rights, but at what cost?  At the cost of one’s health?

More often than not, it is a smart strategic move to leave the battle s of being.  That is the law of the runt; it is the rule of the world.  For Federal and Postal employees who find themselves in a position where one’s medical conditions have deteriorated to a point where he/she can no longer perform one or more of the essential elements of one’s job, it is important to consider whether to recede, and go into the quietude of the morning sun, in order to find the space of recuperative peace, in order to come back to battle another day.

Federal Disability Retirement through the U.S. Office of Personnel Management is just such a safety hatch; and whether you are under FERS or CSRS, it is a consideration worth noting, and taking, in order to regain one’s strength, to come back for another day — next time, from atop the vantage point of a hill, instead of looking up from the valley of death and destruction.

Sincerely,

Robert R. McGill, Esquire

 

Early Retirement for Disabled Federal Workers: Waiting until the Very End

In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, it is never a good idea to wait until the very end to obtain an attorney who specializes in Federal Disability Retirement issues.  By “the very end”, of course, is a relative term — it can mean the U.S. Court of Appeals for the Federal Circuit, or a Petition for Full Review (PFR) before a 3-Judge panel of the Merit Systems Protection Board (upon an appeal to the Merit Systems Protection Board, after a denial at the initial application stage before the Office of Personnel Management, then a denial at the Reconsideration Stage before OPM), or the hearing stage itself at the Merit Systems Protection Board.  The “very end” equates to “it is almost too late”.  Another relative concept is the term involving “almost”, as in “almost too late”.  

A recent reversal of a case was by a former Federal employee who attempted all of the initial stages on his own — the initial application stage with the Office of Personnel Management, then the Reconsideration Stage — then went to a Hearing at the Merit Systems Protection Board without an attorney.  This particular Federal employee then came to the undersigned attorney and asked if it could be reversed by an appeal to the 3-Judge panel at the Full Review Stage of the Merit Systems Protection Board.  As pointed out in an earlier blog, there were enough judicial/legal errors committed by the Administrative Judge to justify a Petition for Full Review, and indeed, the outcome was a positive one — fortunately, for the Petitioner/Appellant/Applicant.  However, it is always best not to wait until it is too late.  That is another relative concept — “too late”.  

Hope springs eternal, but such hope has an end in every administrative appeal process, and unless one begins to build the bridge properly from the very beginning, block by block, legal precedent by legal precedent, there is the danger that a collapse will ensue.  It is best to prepare well at the beginning of a process, lest the lack of preparation result in an irreversible tide of mistakes, mishaps, and misfortunes at the end of a long and arduous attempt.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: The Long Road

The bureaucratic process identified as “Federal Disability Retirement” with the Office of Personnel Management is indeed a long, and often frustrating, endeavor to undertake.  

From the long wait at the initial stages of preparation and formulation; to the waiting wasteland once it gets to the Office of Personnel Management — including first the period of waiting merely to have it assigned to a case worker, then the long period of uncertainty while it has been assigned but pending an actual review by the OPM Caseworker; then, of course, if it is approved, the lengthy period of receiving interim (partial) pay before it gets “finalized” and calculated — this, all on the assumption that the Office of Personnel Management will perform the monetary calculations of backpay, interim pay and final pay in a correct, indisputable manner; and further, if it gets denied at the First Stage of the process, then the further period of waiting at the Reconsideration Stage of the process; and further, if it gets denied at the Reconsideration Stage of the process, then an appeal to the Merit Systems Protection Board.  

A recent case — indeed, just decided a couple of days ago — where the client went through the First Stage, the Reconsideration Stage, then a Hearing at the Merit Systems Protection Board, all without an attorney, and came to the undersigned attorney to file a Petition for Full Review at the Merit Systems Protection Board where, fortunately, there were enough legal mis-steps on the part of the Administrative Judge that the collective “we” were able to get it reversed and obtain an approval for Federal Disability Retirement benefits from the Office of Personnel Management — all told, took about 2 and a half years from the start of the process to the final decision.  By any standard, that is a very, very long time.  

Caution:  It is not recommended that an individual wait until after an MSPB decision to obtain the services of an attorney.  The wait for a Full Review by the MSPB 3-member Board alone took about 10 months, and moreover, it is very difficult to reverse the decision of a Merit Systems Protection Board’s decision.  It can be done (and has been done), but it is obviously a better idea to win at the MSPB Hearing level, and not try and reverse an AJ’s decision based upon an “error of law“.

Sincerely,

Robert R. McGill, Esquire