Medical Retirement for Federal Workers: Collectivism and Suffering

Whatever it is about human nature, the one quality which betrays an inherent dark side is the capacity of a collective group of individuals to “pile on” when an individual is suffering or somehow no longer a member in good-standing with the “group”.

Agencies in the Federal Government, and Postal employees, regularly and systematically engage in such behavior.  While the converse of human nature — of compassion and empathy — certainly reveals itself to counter the negative reflection of human beings, the consistent behavior and actions of Federal agencies to attack, undermine and subvert Federal and Postal employees who are most vulnerable, is a side of human nature which is not, to understate it, very attractive.

Yet, for those Federal or Postal employees who are preparing, formulating, and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is most often the very entity which should show a level of loyalty and appreciation for past work performed, which engages in a pattern of behavior which can only be described as “mean-spirited” — the ugly side of human nature.

That is why it is often a good idea to have a “buffer” between the Federal or Postal employee and the agency; whether via an attorney, or through some representative.  As the law can be used both as a shield as well as a sword, and as Federal Disability Retirement must be affirmatively proven in order to show eligibility and entitlement, so knowing how to use the law as a sword is an important component in preparing, formulating and filing for one’s Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: A Hostile Work Environment

Unfortunately, reality often outperforms and upstages any attempt at fictional characterization of the workplace.  Often, the meanness and temperamental behavior of a supervisor in the “real” workplace can never be properly represented by an actor’s attempt in a sitcom or a drama; the persistent, irrational, capricious and outright cruel behavior and acts of “the boss” or one of his/her underlings can never be accurately depicted in fiction.  Further, the reality of the consequences of such behavior can be devastating.  Workplace stress resulting from demeaning behavior, intentional acts to undermine, cruel and arbitrary acts against a specific employee, can all result in serious medical consequences.  

It is all well and good to talk about internal procedures — of filing an EEOC Complaint; filing a grievance; filing a complaint based upon discrimination, etc.  But beyond such agency procedures to protect one’s self, there is the problem of the eruption of a medical condition, be it Major Depression, Anxiety, panic attacks, physical symptoms of IBS, chronic pain, headaches —  some or all of which may result from such stresses in the workplace.  There is no diagnostic tool to establish the link between the medical condition and the workplace stress.  

For Federal and Postal employees thinking about filing for Federal Disability Retirement benefits under FERS or CSRS, there is the context of harassment & stress in the workplace, and then the medical condition which prevents one from performing one or more of the essential elements of one’s job. Sometimes, it is difficult to bifurcate the two.  That which is difficult, however, must sometimes be accomplished in order to be successful.  The origin of the medical condition may have to be set aside, because it “complicates” the proving of a Federal Disability Retirement application.  If one is contemplating filing for Federal Disability Retirement benefits, the story — however real — of the workplace harassment, may have to be left behind.

Sincerely, Robert R. McGill, Esquire

Federal Employee Medical Retirement: Situational Disability

In filing for Federal Disability Retirement benefits under FERS or CSRS, one must always attempt to shy away from any characterization which might portray one’s medical condition as one of “situational disability“, because the Office of Personnel Management will not only immediately embrace such characterization and regurgitate it to your detriment; moreover, they will deny the disability retirement case based upon such grounds.

A determination that one’s medical condition is merely “situational” will be the downfall of any Federal Disability Retirement application.  One can counter it, of course, with amended and updated medical reports, but it is always best to refrain from any such characterization from the outset.  To be deemed and portrayed as a “situational disability” can occur as a result of an inadvertent statement by a treating doctor, or by an attempt by the Applicant to provide some “historical context” of how one’s “medical conditions” arose, by relating stories about the stresses in the workplace, how the supervisor “caused” a hostile work environment, which then precipitated and exacerbated one’s medical conditions.  Don’t.  Go and file an EEO Complaint; file a grievance; do other things.  Leave it out of a Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Fairness

“Fairness” is a difficult concept to set aside, even when it is in the best interests of one to do so.  The underlying list of supporting reasons may be many — that the Agency engaged in acts X, Y & Z; that the Agency or named Supervisor did certain things, etc.

In a Federal Disability Retirement case, it is often not a good idea to focus upon issues of fairness.  In representing clients, my focus is upon proving by a preponderance of the evidence that a Federal or Postal employee is eligible and ultimately entitled to receiving Federal Disability Retirement benefits under FERS or CSRS.

Issues of agency actions; whether a Federal or Postal Worker was treated “fairly”; whether the National Reassessment Program is “fair”; all of these issues become peripheral, and sometimes harmful to the process of filing for and obtaining Federal Disability Retirement benefits.

To paraphrase an old adage, it is my job to keep that which is central to the issue, my center of attention, and to sweep aside the superfluous as just that —  distractions which should not be allowed to impede or otherwise impact the purpose of the entire process:  to get an approval from the Office of Personnel Management for one’s Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire