OPM Disability Retirement: Unexpected Course of Events

Expectations are a peculiar phenomena in the human mind:  it occurs through a history of past experiences; tempered by present circumstances; projected through rational evaluation and analysis of past perspectives and present conditions.  One’s record of fulfilled expectations, as against failed or unforeseen ones, portend the validity of future such thoughts.

While medical conditions themselves may not meet the criteria of an expected event, once it becomes a part of one’s existential condition, it is important to evaluate resulting and consequential events, circumstances and causal relationships in order to make plans for one’s future.  One must not ruminate about the unfortunate course of events for too long; there is further work to be done.

In preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS, medical determinations must be made as to future expectations which will impact present circumstances:  Will the condition last for a minimum of 12 months?  What are the chances of recovery from the condition such that sufficiency of rehabilitation will result in returning to work and being able to perform all of the essential elements of one’s job?  How will the agency act/react (not too much in terms of expectations should be considered on this issue)?  What can one expect in terms of a Federal Disability Retirement annuity?  And many other questions which will need to be addressed in order to bring to fore the past, project it into the future, such that decisions impacting the present can be made.

Expectations:  It is where the past, present and future coalesce in the fertile human mind for purposes of decision-making, thereby confirming Aristotle’s dictum that we are not merely animals, but rational animals with a teleological bent.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: The Historical Problem

Ultimately, before the Federal or Postal Worker considers filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, a number of factors need to be considered, including (but not limited to) the following:  Can I last until regular retirement?  Will continuation in the job result in further deterioration of my health?  Will my absenteeism or subpar performance result in adverse actions being initiated, including imposition of leave restrictions, a PIP, further disciplinary measures such as a suspension, or ultimately a removal?  Is waiting going to make things any better?  Do I have a doctor who will support my Federal Disability Retirement application sufficiently?

The history of most applicants who are filing for Federal Disability Retirement benefits, whether under FERS or CSRS, is replete with unanswered questions and issues ignored or unaddressed.  But when the convergence of a medical condition with a Federal agency or the U.S. Postal Service comes to fruition, the clash and collision between appearance and performance will often force the questions to be answered.

Waiting for things to occur will normally not solve the historical problem; being proactive, directly confronting undesirable questions, and taking the necessary steps to secure one’s future — these are the foundational steps necessary for a successful Federal Disability Retirement application, and the key to age-old questions which harken back to the problem of history, so that history may not repeat itself.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: Questions Abound

Questions abound when first encountering the possibility of needing to file for Federal Disability Retirement benefits, whether under FERS or CSRS, from the U.S. Office of Personnel Management, and that is a natural course of events.  It is tantamount to the proverbial admissions that one’s “mouth speaks faster than one can think,” because of the sudden flood of concerns, potential problems, future-oriented probabilities and the anxieties associated with the unknown.

It is thus often important to systematically categorize the questions and concerns into that which needs to be done immediately; that which can be accomplished within the next 30 – 60 days; and that which must be considered for the long-term.

Such time-imposed trifurcation of tasks, questions, concerns, etc. to place into neat segments will help in managing the daunting task of preparing a Federal Disability Retirement application, especially when one considers that attending to the care and treatment of one’s medical condition requires time and attention as a priority.  By categorizing and pigeonholing questions into their appropriate time-slots, it will help to manage the onset of natural anxieties which are always felt by encountering the new, the complex, and the unknown.

Questions will always abound; how and when to answer them is the key to maintaining a sense of calm and competence while retaining an aura of peace.

Sincerely,

Robert R. McGill, Attorney

Early Retirement for Disabled Federal Workers: Where to Begin

One is often asked the question, “Where do I begin”?  It is the question of pervasive immediacy, combining both exasperation at a process too complicated to comprehend and requiring a sense of urgency because of the importance attached to the successful outcome, precisely because it may well determine one’s future financial security, and the present ability to continue to attend to one’s medical conditions.  Such a question, however, often needs to be reordered in order to prepare a case properly, in retrospective fashion.

Thus, to reorganize the priority of questions:  Where do I want to end up? (With an approval from the U.S. Office of Personnel Management)  Who approves a Federal Disability Retirement application?  (Not one’s agency, but the Office of Personnel Management and, as such, be careful of promises made and statements asserted by one’s own agency)  How does one obtain an approval from OPM (By satisfying the legal criteria as applied by OPM)  What does one need to do to obtain such an approval?  (Two-part answer:  File the proper forms; complete the forms effectively)  When should I begin the process?  (Since filing for, and obtaining, Federal Disability Retirement benefits can be a long, arduous process, it is wise to file as soon as one has the support of one’s doctor)  Where does the application need to be filed?  (If one is still with one’s agency, then it must be filed through one’s agency; if one has been separated from the Federal Agency or the U.S. Postal Service for more than 31 days, then it must be filed directly with the Office of Personnel Management).

The question of “why”, of course, need not be asked or answered, because it is a self-evident one.  It is the “who”, “what”, “when”, “where”, and “how” which require one’s attention.  For, in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, the Federal and Postal employee already knows the “why” of filing.  The medical condition itself provides that answer.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Sometimes, It is the Wrong Question

If the question is asked, “Is it difficult to get Federal Disability Retirement benefits based upon a Stress Claim?” — within the context of the poorly-worded question, you may get a wrong answer.  This is because it is the wrong question to begin with.  

The concept and term “stress claim” is more appropriately formulated in the context of an OWCP claim.  It implies that one is claiming for compensation based upon a situation — a hostile work environment, a harassing supervisor, etc. — because the origin and inception of the medical condition generically characterized as “stress” implies that it is the workplace which is the originating responsibility for the very medical condition claimed.  

Such a question would thus imply a multitude of irrelevant considerations for purposes of filing for Federal Disability Retirement benefits under FERS or CSRS, such as the causality of the claim, whether the cause is merely situational (is it the supervisor causing the stress?  If so, if a Federal or Postal worker moved to another office or agency, could he or she work in the same job?), or contained within the context of the workplace. The problem with using the term “stress” in a question is that, whether as a noun or a verb, it implies too much while revealing too little.  If expanded upon (e.g., while stress may be the origin, is the medical condition Major Depression, anxiety, panic attacks, etc.), then the entire question takes on a new form.  Sometimes, the problem begins with the question asked which is poorly worded; and to a poorly worded question, a wrong answer might be given.

Sincerely,

Robert R. McGill, Esquire

Federal & Postal Service Disability Retirement: Right Questions (Part 2)

Beyond asking questions of one’s self (financial; employment; future; whether one will last until regular retirement, etc.), it is also important to take a two-step process in preparing for a disability retirement application:  First, to do your own, independent research (in this day and age, internet research is the obvious first step), and Second, to contact an attorney.  By the time you contact an attorney concerning disability retirement issues, you should already have an idea as to what your intentions are. 

Hopefully, the attorney you contact will be experienced and knowledgeable concerning all aspects of Federal Disability Retirement laws under FERS & CSRS.  There are many attorneys “out there”; some attorneys do work in Social Security, Federal Worker’s Comp, etc.  Other attorneys perform work in various Federal labor matters; and still others perform work in State and private disability insurance issues.  Remember, Federal Disability Retirement is a specific, specialized field of law; it is best to retain an attorney who specializes and focuses upon your specific area of concern.  Finally, in speaking with an attorney, you should come to a point of becoming “comfortable” with that attorney:  and “comfort” comes only as a result of competent and confident advice — advice that is consistent with the facts you have gather from your prior research on the matter.

Sincerely,

Robert R. McGill, Esquire