Disability Retirement for Federal and Postal Employees: The Diatribe

There may well be an appropriate time for a lengthy diatribe.  The act itself often finds its impetus in bitterness; it also implies a lack of control, overwhelmed by anger and originating in attribution by an act of injustice.  But where emotion controls rationality, the loss of sequential propriety normally results in a corresponding lack of coherence and comprehension.

For Federal and Postal Workers who are considering filing for Federal Disability Retirement benefits, whether the Federal or Postal Worker is under FERS or CSRS, the urge to right past wrongs is a compelling force which often erupts in a diatribe of sorts, within the content of a Federal Employee Disability Retirement claim. This is, unfortunately, a self-defeating proposition.

Yes, agency actions often comprise a compendium of injustices; yes, treatment of coworkers can be the basis of collateral actions; yes, discriminatory behavior may be a justifiable basis for filing EEO actions; but, no, weaving one’s frustration into the substance of a Federal Disability Retirement application is not the right path to take, for the simple reason that it is not the appropriate venue in which to vent.

Federal and Postal Workers who intend on filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, need to bifurcate the issues, and recognize the practical dualism in existence:  OPM is a separate Federal agency from the one employing the chronically ill or injured Federal Worker who intends to submit a Federal disability Retirement application (in most cases, unless of course the Federal employee works for OPM — and even then, the section which reviews the Federal Disability Retirement application is separate and distinct within the agency).

Context and appropriateness are invisible lines which need to be followed.  Diatribes may have their place in literature; it rarely serves a useful purpose in filing for CSRS or FERS Disability Retirement benefits through the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Workers: Workplace Issues

The reason why workplace issues, whether having any relevance in a Federal Disability Retirement application or not, continue to be insidious in their persistent appearance and stubborn insistence upon dominating an Applicant’s Statement of Disability, is because they are often perceived to be the originating cause (or so it is often thought to be by the Applicant who is preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS) of a medical condition.

Whether the age-old question of the “egg before the chicken or the chicken before the egg” is answered, and in what way, is often the wrong approach to take.  More often than not, when a medical condition begins to progressively deteriorate a Federal or Postal employee’s health, and the impact upon one’s ability/inability to perform the essential elements of one’s job begins to manifest itself to supervisors, coworkers, managers, etc.; at about the same critical juncture, harassment — or the perception of harassment — begins to occur. Such workplace issues then begin to exponentially quantify and exacerbate, feeding onto each other:  the workplace issues begin to exacerbate the medical condition; the stress-levels rise; soon thereafter, agency efforts to protect itself begin to get triggered — counseling letters on leave usage, sick-leave restriction, placement of a Federal or Postal employee on AWOL, 14-day suspensions, placement on a PIP, all begin to erupt.

The key in preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, however, is to have the self-discipline to identify which workplace issues are relevant to bring into the arena of an OPM disability retirement application. Discipline in such matters is a difficult measure to undertake; however, it is a critical step to recognize and initiate, bifurcate and separate, and where irrelevant, to excise and discard, when preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: The Proper Balance

The Office of Personnel Management has sent out a number of denials in recent weeks, and the undersigned attorney has had multiple opportunities to review many of the cases which have been submitted at the Initial Stage of the process, by Federal and Postal workers who are or were unrepresented by an attorney.  

The spectrum of the quality of the applications vary; some have obviously engaged in some research, and attempted to put together a Federal Disability Retirement application by following some guidelines which have been put forth.  But in most cases, there is still the problem of an “imbalance” — of not reaching the correct median between the subjective and the objective; of an inability to stay away from the workplace issues, of harassment, of complaints about the Agency, etc.  

Remember that this is first and foremost a medical disability retirement application, and the operative term which should always be focused upon and emphasized is the “medical” aspect of the formulation.  While there is ultimately no formulaic Federal Disability Retirement packet (precisely because the particular medical condition which is unique to each individual resists any such attempt to package a Federal Disability Retirement application in a generic sort of way), nevertheless, there are certain key points which should be addressed and emphasized, while other “non-key points” should be avoided.  

Put in a different way, in proving that a medical condition prevents a Federal or Postal employee from performing one or more of the essential elements of one’s job, one must include multiple “essential elements” in meeting the burden of proof.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: Thanksgiving

In representing Federal and Postal employees for Federal Disability Retirement benefits under FERS or CSRS, one encounters multiple medical conditions, from the very severe and debilitating, to manageable but chronic conditions which impact one’s ability to perform the essential elements of one’s job.  

Such review of medical conditions and recognition of what many Federal and Postal employees must undergo, is often a humbling experience; for, while a lawyer’s job is to focus upon the legal aspects of a case, and to bifurcate one’s personal “feelings” as distinct from the legal issues, the antiseptic medical facts, and the ability to provide an objective, analytical view of all of the facts and circumstances — such conceptual bifurcation has its limits.  

Daily, Federal and Postal employees who suffer from various medical conditions must make difficult choices about their future, their career, and their work & personal obligations.  It is well to pause during this Thanksgiving to reflect upon the blessings that we have, as opposed to conditions which have resulted in the loss or reduction of that which we do not have.

Sincerely,

Robert R. McGill, Esquire