Medical Retirement Benefits for US Government Employees: Social Isolation

Federal and Postal employees who contemplate filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, often feel a profound sense of isolation.

First, of course, the agency itself has a tendency to treat the medically disabled Federal or Postal employee as a pariah; that, somehow, suffering from a medical condition is within the control of the sufferer.

Then, if the agency is informed of the very intent to file for Federal Disability Retirement benefits, then certain consequential actions often follow:  a PIP may be imposed; leave restrictions may be enforced; an adverse action may be proposed, including a removal — often based not upon the medical condition, but all sorts of “other reasons” that have been tabulated, memorialized and recorded, by supervisors and fellow co-workers.  Yes, there is FMLA; yes, the Federal or Postal employee may file an EEO action or other potential lawsuit; but such counteractions fail to mitigate the sense of isolation and separation that the Federal or Postal employee feels, from an agency which he or she has expended one’s life and energies to advance for the cause of one’s career.

Third, when the Federal or Postal employee finally files with the U.S. Office of Personnel Management, OPM’s non-responsive attitude further exacerbates the sense of isolation.  A sense of closure is what one desires; of being able to obtain Federal Disability Retirement benefits, then to move on with life into the next phase of a vocation, the next step beyond.

One should always remember:  It is the very act of filing which is the first step in overcoming the profound sense of isolation; for, the act itself and the decision to move beyond, is the affirmative indicator that there is light at the end of the proverbial tunnel.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: Decisions of the Federal and Postal Employee

In preparing, formulating and filing for Federal Disability Retirement benefits under either FERS or CSRS from the Office of Personnel Management, the ultimate and deciding “first step” factor which propels the entire process, of course, is entirely within the authoritative realm of the Federal or Postal employee contemplating such a course of action.  

In making any decision, however, the trajectory of options begins to diminish when the options themselves become more and more limited and restricted by external circumstances.  Thus, when the Federal or Post employee is removed and separated from Federal Service, then the option to file becomes clearly defined:  one must file within one (1) year of being separated from Federal Service, or you lose your right to file forever.  Or, if the threat of being separated from service becomes cumulatively overwhelming; or, perhaps the medical condition itself, because of its progressively deteriorating aspect, imposes the necessity to file for Federal Disability Retirement benefits sooner than anticipated, rather than later.  

Additionally, there are multiple scenarios which offer refinements to those already mentioned — for example, if one has already filed for Federal Disability Retirement benefits, and in the meantime the Federal or Postal worker has been separated from Federal Service, then the ability to either file for Reconsideration (in the event of an initial denial) or appeal to the Merit Systems Protection Board (in the event of a second denial from the Office of Personnel Management) — as opposed to letting a Request for Reconsideration or an appeal to the MSPB lapse and begin the process all over again —  may be restricted and limited precisely because of the separation from service “in the meantime”.

Options and the ability to make the proper decision in preparing, formulating and filing for Federal Disability Retirement benefits from the Office of Personnel Management, should be made with the utmost of flexibility, if possible; but such flexibility and possible decision-making become more and more limited when one waits for external circumstances to intervene — i.e., the medical condition itself; the law; work circumstances; or a combination of all of the above.  Remember, most emergencies are self-made, and the destiny of one’s choices often depends upon thoughtful preparation at the beginning of a complex process.

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