Tag Archives: csrs disability retirement and the rules of the game

Federal and Postal Disability Retirement: Sports Metaphors

The abundance of metaphors comparing life with sports has pervaded throughout in literature, opinion pieces, articles, etc.  We can relate to sports, because many have been active participants in their youth; continue to engage in it via playing in various adult leagues, or coaching their kids, or perhaps just passively enjoying watching various sports on television, etc.

As a metaphor, it is seen as a “life-lesson”.  It is supposed to teach all aspects of “building character” — of the value of hard work, proper preparation, ethical conduct and behavior, etc.  In pragmatic terms, when one actually plays a sport, it merely becomes a one-to-one adversarial encounter with an opponent, and sometimes teaches merely that the “playing field” is not always level, and the opponent does not always follow the same rules of the game as one is taught to do.

In preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS, a comparative metaphor to any sports would be to characterize the entire administrative process as one of the battle between David and Goliath.  The Office of Personnel Management has its own set of rules — of a criteria which is allegedly applied, but which often has limited rational basis; of a time frame within which they say they attempt to meet, but which is systematically ignored; of following rules and regulations as they interpret them, etc.

What would one say about a sport in which one side makes up the rules and then ignores them?  Federal Disability Retirement from the U.S. Office of Personnel Management, whether under FERS or CSRS, is like a professional football team (representing OPM) going against a high school chemistry class deciding to put together a team (the Federal or Postal employee).  The teams are unequal; the playing field is never level; and the outcome of the encounter must therefore be decided by careful preparation, a cohesively formulated plan, and a filing deliberation which results in a compelling total package.

Such is the metaphor with sports:  to prepare, formulate and file — in an effective manner.

Sincerely,

Robert R. McGill, Esquire

 

CSRS & FERS Disability Retirement: The 80% Rule

I recently wrote an article on FedSmith.com concerning the legal process of filing for Federal Disability Retirement benefits under FERS or CSRS, and a reader posted a comment implying and suggesting a lack of understanding about a benefit which would allow for payment of 40% of the average of one’s highest three consecutive years, and in addition, to allow for that annuitant to make up to 80% of what the former federal position currently pays.

I beg to differ. The purpose of allowing an annuitant to potentially go out and earn additional compensation in the private sector are multi-fold: it allows for an individual to remain productive; he or she continues to contribute in the workforce and, as a consequence, pays taxes, FICA, etc.; the amount of 40% (after the first year) is an incentive to go out and do something else. Further, Federal Disability Retirement benefits are part of a compensation package offered to a Federal or Postal employee — it is part of the total employment package, and there is certainly nothing wrong with taking advantage of that employment benefit if and when the need arises. The truth is that most people don’t get anywhere near the 80% mark, but hover closer to the 40 – 50% mark, and together with the disability annuity, are able to make a decent living. All in all, the 80% rule is a smart and thoughtful incentive for those who are disabled.

Sincerely,

Robert R. McGill, Esquire