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

OPM Disability Retirement for Civilian Federal Employees: A Path to Consider

Of course, when a person begins his or her career with the Federal Government, the consideration of a Federal Disability Retirement benefit does not enter into the equation of accepting the position.  Most Federal and Postal workers would rather work and be healthy, than to resort to preparing and filing for Federal Disability Retirement benefits.  

Indeed, the problem with Federal and Postal workers is not that the option of Federal Disability Retirement is considered or taken; rather, the problem lies more in the fact that it is an option of last resort — which is probably how it should be, however necessary such an option must be for many Federal and Postal Workers.  But at some point in the linear continuum of a person’s career, where health and work collide and one must make a choice between the two, it is too often the case that the Federal or Postal worker has passed the point of “reasonableness” in preparing and filing for Federal Disability Retirement benefits.  

It is rare that it is ever “too late” to consider filing for Federal Disability Retirement benefits (unless we are talking about missing the Statute of Limitations in filing); but most Federal and Postal workers, whether from a sense of duty, commitment, or sheer stubbornness, will work beyond the point of a well-reasoned and informed state of health or self-preservation. But however and whenever that point of finally choosing the path of preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, comes about, one should prepare one’s case carefully; formulate the disability retirement application with care and foresight; and file it in a timely manner.  

When the time comes, and the path to a recuperative period of one’s life is finally considered, it should be done “right” — as much as one has invested in the effort of work itself throughout one’s career.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: Preparation in Anticipation of the Process

Preparation in anticipation of a process, as opposed to filing the proper paperwork to receive an entitlement, constitutes a different mindset and approach.

In preparing, formulating and filing a Federal Disability Retirement application under CSRS or FERS, where the Federal or Postal employee may be subject to undergoing the process of the initial stage of the application, then potentially the Request for Reconsideration stage; if denied at the Request for Reconsideration Stage, then the process involves an appeal to the Merit Systems Protection Board; then, if denied at the MSPB, a Petition for Full Review, and an appeal to the U.S. Court of Appeals for the Federal Circuit. Because the entire process may involve multiple forums, the extent of support requested from the outset should be understood to potentially involve such extensive time frames and stages.

Filing for FERS Disability Retirement benefits must be understood as potentially involving the entirety of the process, and not just a single-event occurrence.

Now, as to whether to inform the treating doctor at the outset the details of such potential support needed, is another matter. Such a full disclosure may, if presented wrongly, indicate such a daunting process that no one in his right mind would want to undergo such a process. Most doctors, however, already have an inkling of what an administrative process might involve, through contact with Social Security, which is the benefit most medical doctors have been involved with.  In any event, it is important to secure the support of the treating doctor and to have the comfort of knowing that he or she will continue such support through the entirety of the process, and not abandon you halfway through it.

That is why the mindset of understanding that preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS is important to obtain from the outset, that it is a process, and not an entitlement.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: Pre and Post

Issues revolving around the initial application stage, during the application stage, and after the approval, are often of equal importance.  This is because the approval of a Federal Disability Retirement application under FERS or CSRS will ensure the financial and economic survival and viability of the Federal or Postal employee.  Thus, in the pre-approval stage of the process, it is often good to engage in some future planning:  How hard will I fight for Social Security Disability?  Will I be getting a part-time job to supplement my income?  Where will I live?  During the process of obtaining disability retirement, there is the long wait, and the ability to remain financially afloat while receiving little or no financial support.  Post-approval, there are issues of the potential for receiving a Medical Questionnaire from the Office of Personnel Management.  Whether the current doctor will continue to be supportive, or will I move and need to find another doctor?  Because getting Federal disability retirement benefits is a life-long process, it is important to get sound legal advice from a competent attorney throughout the process — pre, during, and post process.

Sincerely,

Robert R. McGill, Esquire