Federal Gov. and USPS Disability Retirement: Time Once Lost…

The time we expend ruminating upon future events which fail to occur; or engaging in frivolities beyond needed leisure to restore one’s mind and body; it is when action or inquiry could have answered one’s concerns that such time, once lost, is lost forever.

Some of the effort expended can be justified; certainly, before one can engage in action or inquiry, some time must be used for thoughtful preparation; but to ruminate endlessly in repetitive, circular fashion, is to allow for human frailty to overwhelm that characteristic which should be paramount in our lives:  rationality and the ability to properly reflect, analyze and judge accordingly.

Time has become a commodity of worth beyond mere measurement of the movement of objects; it is limited in scope but demanded far and above the capacity of existent supply.  Technology was meant to ameliorate; but we all know that it has only exponentially robbed us further of this valuable and limited unit.

For Federal and Postal employees who suffer from a medical condition, such that the medical condition impacts one’s personal and professional life, the value of time cannot be emphasized.  Ruminating about one’s condition and the orientation for one’s future will not get one from point A to destination B.

Time is of the essence, and with the bureaucratic headaches and administrative delays compounding the difficulties, both at the agency level as well as with the U.S. Office of Personnel Management, delay only creates to magnify the importance of time, timing, and the measuring of timeliness.

Time expended in fruitless efforts, once lost, is lost forever.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for Federal & Postal Employees: Time to File

When should I file?  This is a question which is asked often; it is a telling, revealing question, because it is often a rhetorical question.  It is as if the question begs to be answered with an unequivocal, “You must file now”.  Aside from the time it takes, which is generally between 6 – 8 months from the time the entire process begins until the time the Office of Personnel Management approves an OPM Disability Retirement application at the First Stage of the process (and certainly this general time-frame needs to be taken into account because of financial circumstances, accrued sick and annual leave which may be used, and multiple other factors for consideration), the Federal or Postal worker who is contemplating when to file an application for Federal Disability Retirement benefits generally knows the answer to the question.  As a general rule, if one asks the question, then the answer is already known.  If one is expecting a PIP, comes home each day dreading and exhausted, living with the anxiety that the Agency is waiting for an excuse to get rid of the employee; if each night and weekends are spent just recuperating in order to make it into the office for another day, then to ask the question, “When should I file?” becomes merely a tautology.  To arrive at that point is to make it into an emergency; it is better to project into the future; as a football coach once said, “The future is now.”

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Reminder on the 1-Year Statute

Just a reminder, which is given because of continuing and repetitive questions about the 1-year statute of limitations.  Remember that those who wish to file for Federal or Postal Disability retirement benefits under FERS or CSRS must do so either (A) while a Federal or Postal employee (18 months minimum under FERS; 5 years minimum under CSRS), or (B) within 1 year of being separated from Federal Service.  By “separated” it means actually being terminated from the Federal Agency, whether by resignation or by Agency action.

The 1-year statute of limitations does not begin to toll except when you are separated from Federal Service.  Thus, being on LWOP does not begin to toll the statute; being injured or on OWCP does not begin to toll the statute.  By “toll the statute”, what is meant is that the right to file for OPM Disability Retirement benefits for FERS or CSRS employees does not begin to “count down” unless and until you are actually separated from Federal Service.  This is meant as a continuing clarification of the issue, written because of the questions which have been asked of me over the past month or so.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Continuing Patience

It is difficult to be patient.  The Office of Personnel Management, in reviewing and evaluating each case, takes its time.  One can attempt to “read into” each day, as to whether the longer wait is more beneficial than a decision which is to be made in short order.  Calling to check on the “status” of the case can have a negative effect upon a decision, although it is not “supposed to” do so. 

Often, the response by OPM’s representative is that a decision will be made “this week” or “next week” or “by the end of the month”.  Time passes, and there is no decision.  These past couple of weeks, OPM has sent out many decisions that were long-in-waiting.  When the decision is a favorable one, then of course the burden of the wait is suddenly lifted.  When the decision is a denial, then the response is often one of anger, disbelief or discouragement.  Once the emotions are set aside, then one must accept the reality of further waiting.  Yes, patience is a virtue, and Federal and Postal employees must be the virtuous of all people.  But those are empty, vacuous and meaningless words when one must wait to see what the future holds. 

Sincerely,

Robert R. McGill, Esquire