Medical Retirement for Federal Workers: August, Vacations, & OPM

August is traditionally a time of vacations; a period of respite, before the onset of school and the busy schedules of parents.  Government offices slow down, and with the coinciding impact of furloughs mandated through automatic imposition, delays in work and accomplishment of cases become incrementally evident, like reverberations from the slow moan of an earthquake.

The lazy slapping waves mixed with the taste of sea salt may lull the vacationer into an isolated sense of calm and quietude; but for the Federal or Postal worker suffering from a medical condition, who is contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, or who is in the midst of the process of formulating one’s case, or for those who have already filed and are merely anxiously awaiting a decision — that time of temporary rejuvenation is a needed escape, despite never being able to fully separate oneself from the medical condition which impacts one’s life.

That is the strange phenomena of a medical condition — unless it has been a lifelong condition, it is a part of one’s existence and being which only constitutes a minor percentage of the entirety of one’s lifetime; yet, it often consumes the greater portion of one’s thoughts, actions and ruminations, and undermines that time of leisure known popularly as a “vacation“.

Medical conditions are a reality to be dealt with; vacations are optional times of leisure; and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, is a choice which allows for a combination of the two:  a time of respite in order to become rehabilitated, and to recuperate in order to deal with the reality of a medical condition.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: Pushing for a Decision

In these difficult economic times, when alternate or secondary employment is hard at best, waiting upon the Office of Personnel Management for a decision on one’s Federal Disability Retirement application, whether under FERS or CSRS, can be unsettling.  

There are, of course, multiple ancillary methods of “putting pressure” upon the Case Worker at OPM — contacting a supervisor; repeatedly calling and leaving multiple voicemails; sometimes, contacting a congressman/woman to initiate a “congressional inquiry” into the matter.  Whether, and to what extent, such ancillary methodologies work, is anyone’s guess.  

Hume’s argument concerning causation is probably at work here:  If an approval of a Federal Disability Retirement application is received shortly after pressure is initiated, one can declare that it “worked” — that the effect of an approval followed the causal impact of such pressure.  If a denial of a Federal Disability Retirement application is received shortly after such pressure is initiated, perhaps one may suspect that while the pressure may not have “worked” to one’s liking, nevertheless, the fact that a decision was made shortly after the initiation of such pressure may “prove” that the effect followed the cause.  

Or, as Hume would argue, does the fact that the rooster makes a ruckus shortly before the sun rises, mean that the former caused the latter? One will never know.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: Moving Beyond

Once a decision has been made to begin preparing, formulating and filing for Federal Disability Retirement benefits under FERS & CSRS, then the mechanical aspects of gathering and compiling the evidence to make one’s paper presentation to the Office of Personnel Management must begin.

It can be a daunting process.  However, it is overcoming the initial timidity which is the first step.  The compilation of the proper medical narrative reports with the effective wording and nexus between the medical condition and essential elements of one’s job; the creation of a narrative word picture of one’s Applicant’s Statement of Disability; any legal arguments to be presented and cited; the remainder of the Standard Forms to be completed by the Agency; the insurance forms — one can easily get lost in the morass of such paperwork.  

Then, there is the “waiting period” — that long and anxiety-stricken time of waiting for the Office of Personnel Management to makes its decision at the Initial Stage, and if denied, at the Reconsideration Stage of the process; and, if denied a second time, an appeal to the Merit Systems Protection Board.  

It is during the “waiting period” that one must begin to think about the period “beyond” — that time when one becomes a Federal Disability Retiree, where one finally has the proper time to attend to one’s medical conditions, then to rethink in terms of another job, another career, another phase of life.  It is the time to think about “moving beyond” one’s self-perception and paradigm of self-conception of being a “Federal employee”, and instead to think of the re-created self in new and fresh terms.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: The Frustrating Process

As with most administrative dealings with the government (Federal, State or local), the process itself is a frustrating one.  Filing for Federal Disability Retirement benefits under FERS or CSRS is a process which necessarily entails patience, and along with it, a quiet frustration because of the multiple levels of administrative procedures which one must undergo.  

I recently went and watched the De Caprio movie, Inception, which involves a complex and convoluted plot-line of attempting to convince an heir to a great business fortune, to break up the company.  The way to convince the young heir was to involve him in a dreamworld of mental constructs without his knowing it, and to plant an idea into his subconscious that he should break up the company, and thereby fail to compete with another company.  If the short “telling” of this plot line is confusing and convoluted itself, you may imagine how the movie itself is.  Yet, at an IMAX Theater, it was enjoyable, and my son certainly enjoyed it.  

The point here is that the convoluted process of getting from point A to point B, is to take a simple conceptual paradigm and make it into a confusing morass of a long and involved movie.  Filing for Federal Disability Retirement has that same sense of the absurd; of a process which is convoluted beyond a simple concept; and the waiting part is the most frustrating of all.  Then, when the end comes, either with an initial denial or an approval, it is anti-climactic.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement Benefits for Federal & Postal Employees: Waiting

Waiting for a decision to be rendered by the Office of Personnel Management for a submitted Federal Disability Retirement application, either at the Initial Stage of the Process, or after filing additional medical documentation and legal arguments at the Reconsideration Stage of the process, can be an agonizing time.  It is easy to say, “Patience is the key“, when each day passes without a word.  A call to the Office of Personnel Management will rarely yield any positive results.  Yes, there are some supervisors and contacts which can be helpful in the process, but ultimately too much undue pressure can sometime backfire.  Is there a statutorily mandated time-frame within which OPM must respond and make a decision?  Normally, they will inform you that they try and make a decision within 90 days of whatever the beginning of the time-frame they ascribe, but it can take much longer.  The key to the entire process is to survive the time of waiting, however long that may take.  Survival is best endured if one recognizes at the beginning of the process, that this is one process which can take a long, long time.

Sincerely,

Robert R. McGill, Esquire