FERS & CSRS Disability Retirement for Federal and USPS Workers: Process Mentality

The importance of understanding that filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, as a “process”, is critical in reaching the mental preparedness necessary to endure the potentiality of the lengthy encounter.

The analogy of the approach should be likened to the difference between WWI and WWII — of trench warfare as opposed to a blitzkrieg.  It is the former which must be prepared for, and not the latter.

For, at each step of the way — from waiting for the proper medical reports to be prepared by the treating doctors, to formulating the narrative of one’s statement of disability; to waiting for the agency to complete the processing of their potion (i.e., the Supervisor’s Statement and the Agency’s Certification of Reassignment and Accommodation efforts); to the intake processing unit of OPM at Boyers, PA, then down to Washington D.C. where assignment of the case will take some time; to final assignment of the case, and potential routing for review by a contract doctor — this is all merely at the First Stage of the process.

If it is denied at the First Stage, then one must fight the process through the Reconsideration Stage, and possibly beyond.

Thus is the mental preparation at the outset required in order to survive the multiplicity of bumps and turns within the process itself.  It is best to know the trials in order to survive the process, and to prepare for it as best one can.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Impact of the Squeeze

The “tightening” of the economy over the past few years has had an impact upon everyone, and Federal and Postal workers who have filed for, or who are contemplating filing for FERS & CSRS Disability Retirement benefits from the U.S. Office of Personnel Management are no exception.

To compound the problem, the longer delays and inordinate wait-time by OPM in making a decision upon a Federal Disability Retirement, has exacerbated the squeezing of the economy. Further, fears of sequestration impact, Federal budget cut-backs, less spending all-around and the constant rumor-mill concerning benefits and the impact of a tighter economy upon Federal spending, have all taken their toll.

For Federal and Postal employees who are contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, what all of this “mess” will require, is greater planning and prescience concerning one’s future.  Longer time-frames in making a decision; longer delays at each stage of the process; what is the solution? With no end in sight or solution “in the works” as far as the agencies go, or for that matter, for OPM, one must expect the administrative and bureaucratic process to take an unreasonable length of time, and to adjust accordingly.

The impact of the great squeeze has become the new norm; the rest of us just have to accept that fact.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: The Psychological Process

One of the reasons why the Federal or Postal employee contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, should view the entirety of the administrative process as just that — a “process” as opposed to an entitlement to benefits — is because (a) that is in fact what it is and (b) to fail to view it from that perspective would be to refuse to adequately prepare for the long and arduous procedural pitfalls which are inherent in each case.

This is not an entitlement where a specific trigger of an event results in the automatic calculation and issuance of compensation.  Reaching a certain age does not result in the granting of Federal Disability Retirement benefits (although it may end it and be recalculated at age 62); attaining a certain number of years of service will not qualify one for Federal disability Retirement benefits (but again, upon reaching age 62, it may result in a beneficial calculation of benefits for having a greater number of years of service).

Rather, Federal Disability Retirement is an administrative, legal process in which one must prove by a preponderance of the evidence that one is (1) eligible, in that one meets certain minimum requirements, such as 18 months of Federal Service under FERS, or 5 years under CSRS, and (2) entitled, by proving that one has met the legal requirements under the statutes, regulations and case-law.

By having the proper psychological perspective, one is better able to prepare for the long haul before starting the process of preparing, formulating and filing for Federal Disability Retirement benefits, whether under FERS or CSRS, from the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: OPM, Washington, D.C. & Snow

The three constitute a bad mixture: Washington, D.C. shuts down with barely an inch of snow, and the mere forecast of snow sends everyone to delirious panic; here, we have a forecast of 10 – 20 inches of snow, and panic has turned to pandemonium, and there is a calm quietude of resignation: the Office of Personnel Management, located in Washington, D.C., in a city with a forecast of a major snowstorm — result? A certainty of shutdown, a backlog of work, and further delays. For my clients (and those who are not my clients) who are awaiting the Office of Personnel Management to make a decision on a pending Federal Disability Retirement application under FERS or CSRS, further patience is needed. The combination of the three: OPM, Washington, D.C., and snow, simply do not mix. All I can do is watch the fluffy white stuff come down upon a deepening nightfall, and hope that spring will come early. Sigh.

Sincerely,

Robert R. McGill, Esquire