Medical Retirement for Federal Workers: Preserving One’s Rights

Often, loss of vigilance occurs as a result of the relief of attaining something; once gotten, the fight to get it suddenly disappears, and the overwhelming sense of relief is likened to the response of a balloon which deflates upon a pinprick.

But vigilance is the key to ongoing success.  There is never a time to be nonchalant; to attain is merely another step in a process, and that process must be fought for just as diligently as during the time of fighting to reach a goal.

For Federal and Postal workers who are preparing to file, or who are in the process of filing, for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the goal of getting an approval from OPM for a Federal Disability Retirement is merely an intermediate step.  Once attained, the goal is to preserve and to protect.  Fortunately, that is a fairly simple matter — one of maintaining regular contact with one’s doctor; of making sure that one’s doctor will continue to support one’s case in the event that the Federal or Postal annuitant receives a medical questionnaire from OPM.

OPM disability retirement is not like OWCP; because you are allowed to work at other employment and make up to 80% of what your former job currently pays, there is normally nothing wrong with engaging in normal activities which would violate any rules (unlike OWCP cases, where investigators will often videotape individuals to show the engagement of activities contrary to medical restrictions, etc.).  But let not victory lead to lack of continuing vigilance; as that which was won can only be maintained with an attitude similar to keeping to the path which guided one to achieve the goal in the first place.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: Continuing Care

A medical condition never has a simple solution; depending upon the nature, extent and severity of the condition, it must be “managed” and attended to throughout one’s life.  Similarly, while “filing” for one’s Federal Disability Retirement benefit is an “event” which may constitute a series of actions which results in the “approval” of a Federal benefit, the benefit itself must be “managed” and cared for throughout a process of continuing retentive procedures.

One cannot assume that once the benefit of OPM/Federal Disability Retirement is obtained — given the hard fight which one must engage in — that the process is thereby over.  That is the reason why the foundational building-blocks which form the underlying administrative process — of the decision of which initial medical conditions to include in one’s Statement of Disability; which medical evidentiary documentation to include; how one should linguistically characterize the impact of the medical condition upon one’s job, tasks, positional duties, etc. — is of great importance in establishing the pattern of management for the future.

For, as other issues, both economic and medical, may potentially intrude upon one’s Federal Disability Retirement annuity (i.e., whether one has earned income above or below the 80% rule; whether one has been restored medically such that OPM could argue for termination of one’s Federal Disability Retirement benefit, etc.), it is important to maintain a stance of managing one’s Federal Disability Retirement benefit throughout one’s life, until one reaches the bifurcation point at age 62 where it becomes “converted” to regular retirement.

Sincerely,

Robert R. McGill, Esquire