Disability Retirement for Federal Government Employees: Agencies and Their Response

Compassion and empathy are commodities discovered rare in form and content, and even scarcer in the wrappings of timeless sincerity.  Individuals in the era of modernity lack any sense of communal obligation, precisely because of the fractured existence which naturally flows from a society built upon independence and self-reliance.

Further, when one encounters an entity, organization, corporate structure, or agency, it becomes that much more removed from any sense of personalized emotional contact, and instead we can deal with unwanted and unwelcome concerns by speaking in neutral platitudes; “the mission of the agency”; “it detracts from the team concept”; “performance-based incentives have not been met”; and on and on.

In the end, it is an antiseptic existence of an impersonal kind, but one which constitutes the reality of who we are.

For Federal and Postal workers who must face the daily grind of working within a bureaucracy which engulfs tens of thousands of workers, the need for simple kindness may be easily rebuffed when a crisis occurs such as the development of a medical condition.

There is, however, “the law” — of Federal Disability Retirement benefits, offered to every Federal and Postal employee under either FERS or CSRS.  Where compassion ends and the law begins, that available option is considered by a faceless entity as its replacement of the former, in order to neutralize the need for personalization.  Utilizing it and taking advantage of that which is available, is all that one can expect in terms of a human response from one’s agency.  So it is that the Federal and Postal employee, whether under FERS or CSRS, at least has the option at all.

It is a benefit which is filed through the U.S. Office of Personnel Management, and can allow for the individual to regain one’s foothold back into the world of sanity, and perhaps onto the pathway of one’s local community.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: Multiple Tracks

Multi-tasking is a relatively modern term, but the substance of which people have obviously been engaging in for centuries.  With the limitations imposed by the human anatomy, as well as the capacity of the human brain to effectively function and respond to stimuli from multiple sources, the problem for the human being arises when a coordinated effort to bombard an individual collectively and from a variety of sources is initiated with a purpose in mind.  Thus, the common idiom, “When it rains, it pours”.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important to distinguish between those actions by the Agency which directly, or even in a peripheral manner, impact one’s Federal Disability retirement application, and those efforts by an Agency which are independently initiated, but have little to do with the Federal Disability Retirement process itself.

Agencies often act without thoughtful coordination, but a coincidence of actions may come about from different branches of the agency, without a connecting coordination between such branches.  Unfortunately, the mere filing of a Federal Disability Retirement application does not necessarily provide a legal tool against an agency; one has various other tools, such as invoking FMLA protection; utilizing the sources of a Union and initiating grievances and administrative appeals; and certainly, one should respond to any agency-initiated actions; but ultimately, the solution to the recognition that one is no longer medically able to perform one’s job, is to prepare, formulate, and file for Federal Disability Retirement benefits from OPM.

That is the ultimate line of protection; that is why the benefit exists for the Federal and Postal employee.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Impact of Collateral Problems & Advice

The problem with not being guided in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, is that there are multiple collateral, and often unexpected, issues which come up in the course of preparing and filing for the eventuality, which may or may not impact the central issue of Federal Disability Retirement.

Whether a particular agency’s offer of an given action impacting one’s job can be used by the Office of Personnel Management in denying a Federal Disability Retirement application; whether a particular issue is relevant, significant, or of sufficient applicability to warrant immediate attention or a response, can only be determined by having a handle on the larger context of issues.

Much of disability retirement law and the issues which appear to intersect with the legal criteria for eligibility, are discretionary in nature; some have no impact at all; still others, have sufficient impact and possible reverberations such that they should be addressed in a legally appropriate and sufficient manner.  But the greater issue is whether the Federal or Postal employee should simply operate in the dark and hope that such seemingly collateral issues will not come back to haunt one at a later time.  That is the bliss of ignorance; unfortunately, that which one does not know, can indeed come back to hurt one.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: Perspectives

From the perspective of the Federal agency or the U.S. Postal Service, once the information is received that the Federal employee or the U.S. Postal employee has filed for Federal Disability Retirement benefits from the U.S. Office of Personnel Management — or is contemplating filing — such an individual is seen merely as an obstacle to a positional slot on a piece of paper:  presently taking up space, but no longer a vital piece, leaving aside a piece of any kind, to the organization.

Perspectives are peculiar animals:  they formulate from a specific angle and motive, and rarely attempt to empathize from a differing aspect.  Thus, whether a Supervisor has been supportive for many years often becomes an irrelevancy when a Federal or Postal employee informs that Supervisor that he or she is contemplating filing for Federal Disability Retirement benefits.  Such a supportive attitude and approach was based upon a perspective involving the employee’s long-term involvement with the organization; such a perspective can quickly and irreversibly change once information is received that the Federal or Postal employee is no longer a part of that long-term goal.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the Federal Agency or the U.S. Postal Service will be informed of such filing; the question of the appropriateness of informing the agency prior to the actual filing, is a discretionary issue with the employee.  Normally, unless a compelling reason exists, inasmuch as the Federal agency will be informed upon the actual filing, anyway, there is little reason to “pre-inform” the agency.

Perspectives change; changed perspectives can result in sudden actions which may be detrimental; anticipating a changed perspective can be a tenuous endeavor, especially when it comes to filing for Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire