Federal Disability Retirement Process: The Farcical Foray

It is the complexity of the absurd which tends to amaze; whether, in this day and age, we have lost the subtlety of the ludicrous, is sometimes to be held with awe.

Shakespeare’s Court jesters, clowns and fools all had that capacity to meander with linguistic pointedness; and it was in the very contrast between a character taking absurdity too seriously, and the juxtaposition of seriously expressing the absurd, that truth of circumstances often emerge. Within the context of such satire, there is a seriousness of purpose, and though we often become lost in the travails of life’s challenges, were we able to step back and consider the farcical, the foray would transcend between the mundane and the heavenly.

For Federal employees and U.S. Postal workers who engage the bureaucratic process of preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the patience shown is a tribute in and of itself.

Yes, the bureaucratic process can often be likened to a farce; and yes, the lengthy administrative procedures and legal maneuverings reflect a complex process of the absurd; and — but for the medical condition which is the foundation of it all — the encounters with life’s obstacles throughout the administrative process would often make for laughter and mirth.

Be not distracted, however; filing for, and obtaining, Federal Disability Retirement benefits from OPM, is neither a satire nor a pleasurable play to witness; rather, it is a serious endeavor which must be taken seriously; and though King Lear was a serious play whose Court Jester revealed the absurdity beneath, preparing, formulating and filing for OPM Disability Retirement benefits should be approached and engaged with the full comprehension that behind the curtains of life, the foundation of every Federal Disability Retirement application stands a human being waiting upon the human folly of man-made bureaucracy and administrative turmoil.

Sincerely,

Robert R. McGill, Esquire

 

CSRS & FERS Medical Disability Retirement: Time as a Valued Commodity

At what juncture in the course of human lives the linear progression of “time” on a continuum of history became of prominence, philosophers, psychologists and historians may differ.  Certainly, animals are aware of the general importance of seasons; daylight and nightfall mark bifurcations of being alerted for purposes of seeking refuge against predators, as daytime dangers are quite different from night stalkers.

The measurement of time became ensconced with the invention of the timepiece.  When utilization of the watch, clock, digital devices, etc., established the cutting up of the world into unit measurements, it became a commodity of value because of its limited supply, and the increasing demand for greater productivity within each measured unit.  It is this ascription of “value” which one must contend with, in all aspects of modernity, in the daily living of one’s life.

For Federal and Postal employees who are seeking a quick fix — of one’s medical conditions, as well as securing the opportunity to obtain a Federal Disability Retirement benefit from the U.S. Office of Personnel Management — complex considerations must always be weighed in an effort to “save time and money”.

If an OPM Disability Retirement application is not properly put together at the outset, it will waste valuable time in the long run, precisely because one will have to contend with a denial and a Request for Reconsideration, as well as a potential appeal to the Merit Systems Protection Board.

Filing a Federal Disability Retirement application can never be a “sure thing”, because it depends so much upon the evidence one must gather, in order to prove one’s case by a preponderance of the evidence.  But the saving of time will be achieved by putting the best case possible in every Federal Disability Retirement application.

The commodity of time is a recognition of its value in modern life.  It is a feature of linear human progression which simply cannot be ignored.

Sincerely,

Robert R. McGill, Esquire

Waiting to Get your Federal Disability Retirement Benefits?: Well Worth It

There are many stories out there.  Indeed, as many Federal and Postal Workers who live and work throughout the United States and in Europe, Japan, and across the spectrum of the world, there is a microcosmic, personal story to be told.  That is the point of Chekhov’s short story, “Grief”, in which the father needs to relate the narrative story of the tragedy of his son’s death.  

In the impersonal world within which we live our lives, as a cocoon untouched and untouchable, there are stories and tragedies which we know not about.  Then, there are the narratives of successful outcomes; of those Federal and Postal workers who have filed for Federal Disability Retirement benefits, who — years later — relate tidbits of starting second vocations, of having the opportunity to rehabilitate from their medical conditions, and to start “new” lives.  

The “present” and “now” is always a time of anguish, especially if one is suffering from a medical condition, or is awaiting a decision from the U.S. Office of Personnel Management for a Federal Disability Retirement case.  

Is it worth the wait?  To ask that in the present-tense is probably not the right question.  Rather, once a Federal or Postal worker has filed, has obtained an approval, and has taken some years to move on into another stage of life, the time to ask the question is probably in a retrospective manner:  Was it worth the wait?  

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 or Postal employee who intends on filing must understand that it can be a long and frustrating administrative process.  Hopefully, however, the hope of the future is what makes the waiting worthwhile.  For, without the hope of the future, we would all be stuck in the drudgery of the present.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Time

Attempting to order life in accordance with a schedule which one has manufactured is often an impossible task to perform; when dealing with a Federal bureaucracy, it is moreover an unwise thing to attempt.  

Preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS necessarily and inherently takes time.  In addition to time, it requires foresight into possible delays, both predictable as well as unintended.  While a general timeline of 8 – 10 months from the start of the process (meaning, the initial gather of the medical documentation and narrative reports, compiling the evidentiary documentation necessary to prepare a case; formulation of the Applicant’s Statement of Disability, etc.) to the time when an approval letter is issued by the Office of Personnel Management in response to the First or Initial Stage of the Process, is a realistic assessment of the time involved, there are multiple events, issues and intervening pitfalls which can interrupt and disrupt such a generalization.  

A cushion of time should always be considered.  More than that, however, the Federal or Postal employee who becomes frustrated with the lengthy process avoids thinking about the months and months of delay and procrastination which was engaged in at the “front end” of the entire process — where, for months and months, the Federal or Postal employee kept putting off starting the process to begin with.  

Remember that preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS is a process involving a Federal bureaucracy and, as such, the inevitable virtue of patience must be stored in plentiful quantities, to be harvested during the waiting time.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: The Right Time to File

The proper time to file for a Federal Disability Retirement application under FERS or CSRS is an issue which only the Federal or Postal employee contemplating such action can make a final determination upon.  The question often posed to an attorney, “What should I do?” is a difficult one when it comes to timing.  However, because the Office of Personnel Management seems to be taking a long time in rendering decisions upon a FERS or CSRS disability retirement application, such length of time must be taken into account when determining which “metric system” of filing one should rely upon.  

Further, because OWCP benefits can be cut off because of non-compliance issues, or because the Department of Labor has decided that you are fully recovered and can go back to full duties, the comfort of such payments may not be the best guidance as to determining the right time to file for Federal Disability Retirement benefits under FERS or CSRS.  The answer to the previous question is thus probably two-fold:  

The fact that you are contemplating filing for Federal Disability Retirement benefits is an indicator; and second, preparation should involve reading as much information on the internet by various resources, and determining which source appears to have the knowledge, credibility and insight to be able to assist you in attaining your goals.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: The Coming Year

For all Federal and Postal employees who are considering, or may consider in the coming year, filing an application for Federal Disability Retirement benefits under FERS or CSRS with the U.S. Office of Personnel Management, I hope that this “continuing blog” has been helpful, and will continue to be helpful. 

In the coming year, I will attempt to stay on top of any changes in the current laws, including statutory changes (if any), any new developments handed down through opinions rendered by the U.S. Merit Systems Protection Board or the Federal Circuit Courts.  One’s future is what is at stake in making the all-important decision to file for Federal Disability Retirement benefits, and I will endeavor to remain informative, and provide you with a level of professionalism which all Federal and Postal employees deserve.

Sincerely,

Robert R. McGill, Esquire