Delaying the Filing of Your OPM Disability Retirement Application

Delay temporarily suspends for a time in the future; sometimes, at the cost of immediacy of pain, but the human capacity to ignore and obfuscate allows for procrastination to be an acceptable act of non-action.  But certain issues defy the control of delay; medical conditions tend to remind us of that, where attempted suspension of dealing with the pain, the progressively debilitating triggers, or the panic attacks which paralyze; they shake us to the core and pursue a relentless path which betrays procrastination.

For Federal employees and Postal workers who suffer from a medical condition, such that the medical condition prevents him or her from performing one or more of the essential elements of one’s job, filing for Federal Disability Retirement becomes an employment option.

When to file has some room for delay; it is, after all, the underlying issue which must be attended to first and foremost — that of the medical condition.  But the Statute of Limitations in a Federal Disability Retirement case imposes a structural administrative procedure which cannot be ignored.  The Federal and Postal worker who is separated from Federal Service must file a Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, within one (1) year of being separated from Federal Service.

So long as the Federal or Postal worker is on the rolls of the agency, the tolling of the statute of limitations does not begin; but once separation from service occurs, the 1-year clock (with some exceptions, but ones which you should not rely upon to subvert the statute of limitations) begins.

Delay for a specific purpose is sometimes acceptable (if one is still on the agency rolls), as in undergoing a medical procedure or seeing if a treatment regimen will work; but delay beyond the bureaucratic imposition of a statute of limitations is never one which should be allowed, as the benefit of a OPM Disability Retirement annuity will be barred forever.

Sincerely,

Robert R. McGill, Esquire

 

Federal and Postal Disability Retirement: Waiting for the Perfect Storm

Calamities can be admired, if from a distance; and the labeling of a natural event as the “perfect storm” reveals a conceptual sense of awe for that which is at once destructive, but simultaneously of sufficient power as to demand respect. It has come to mean the coalescence of elements and circumstances which, each in their individually separate characteristic, may result in a force of some sufficiency, but in the collective combination, enhances an exponential magnitude well beyond the capability of potency generally imagined.

Such occurrences are rare, and the statistical chances of attaining such perfection of disparate elements to be coordinated in time, space and defying potential variances, results in the rare aberration of such events. To wait upon such an historical event is to defy the odds; to expect to witness one in one’s lifetime is to disregard the astronomical statistical anomalies.

Such rarity of events, however, are just as often ignored in other arenas of life, though perhaps of lesser impact upon the world at large, including personal calamities involving the introduction of a medical condition which impacts one’s life. Federal and Postal Workers who are beset with a medical condition such that the injury, disability or progressively deteriorating condition may prevent one from performing one or more of the essential elements of one’s positional duties for the Federal government or the U.S. Postal Service, will often engage in procrastination in filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, by waiting upon the coalescence of all elements to a point of perfection — of waiting, in essence, upon the occurrence of the perfect storm.

Such delay is merely an excuse to fail to act, precisely because the coordinated combination will almost always have some elements missing. In responding to a crisis, there is rarely a right time; instead, the very definition of a crisis involves the rarity of the event, guided by the timeliness of an action in order to avoid the beauty and destructive force of that perfect storm.

Sincerely,

Robert R. McGill, Esquire

 

Federal and Postal Disability Retirement: The Control Factor

Procrastination is Man’s feeble attempt to control the inevitable march of time.  In the midst of a technologically complex world, where we no longer control the advance of events or circumstances which impinge and invade upon our lives, the subjective cocoon we weave to withstand the onslaught of uncontrollable external subjugations will take many and varied forms.

Time, events and actions occurring daily around us continue in their linear course of unfolding revelations without input or necessity from the individual; technology advances without any particular reason or rationale; or so we believe.  But by delaying, we delude ourselves into thinking that we are Masters of our own destiny.

Such an attempt at controlling the inevitable onslaught of that which we have no influence over, is tantamount to an impotent protestation, nothing more than a juvenile “sit-in” like children refusing to eat their carrots or broccoli, although at least in those examples the elements resisted were purportedly healthy for us. What we often fail to understand, however, is that the very attempt to control is often that which is harmful to us.

For the Federal and Postal employee who suffers from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s job, there is often a long and deliberate delay between the onset of a crisis resulting from a progressively deteriorating medical condition, and the preparation, formulation and filing of a Federal Disability Retirement application.

This is the natural course of things.  For, the very factors over which the Federal or Postal Worker has no control over — time, the medical condition, one’s deteriorating health — all serve to impart a sense of loss of destiny.  But to delay and procrastinate will only exacerbate the inevitable; Federal Disability Retirement through the U.S. Office of Personnel Management, whether one is under FERS or CSRS, is the best step to reach that oasis of rehabilitation and quietude.

But like the child who knows not what is good for one’s self, it is often the rebellious and feeble attempt of Man to control that which is beyond one’s control, which potentially results in the downfall and destruction of one’s future.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Recognition of Time

Time is a factor in all of our lives; we are conditioned to it; we respond to the constraints, and procrastinate because of its allowance.  Both time and timing may be factors in preparing, formulating and filing for Federal Disability Retirement benefits, whether under FERS or CSRS, through the U.S. Office of Personnel Management.

For the Federal or Postal worker who is contemplating filing for Federal Disability Retirement benefits, the fact that it is the “end of the year” should not be the motivating factor, nor that in a week or so it will be the “beginning of a New Year”.  Rather, the issue of time and timing should be governed by the extent and severity of one’s medical condition, and its impact upon one’s inability to perform the essential elements of one’s job.

As recognition and utilization of time is always an indicator of proper planning, so it is with the Federal and Postal Worker who must prepare, formulate and file for Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: The Backbone of Agencies

While the greater geopolitical standoffs continue, it is always the backbone of the agencies which is most profoundly impacted.  The Federal and Postal Workers (yes, fortunately the latter are exempted from the shutdown) who daily toil and keep government services running, are sent home only to return when the whims of compromise decide to restart the indifferent bureaucracy.

For those Federal Workers who suffer from a medical condition which impacts one’s ability to perform the essential elements of the job, the backlog of work will only mount, putting greater pressure upon the need to toil harder.  The backlog will only exponentially increase at the U.S. Office of Personnel Management, also, and at each agency’s Human Resources Department which processes all Federal Disability Retirement applications, whether under FERS or CSRS.  Postal Workers are somewhat more fortunate, in that the H.R. Shared Services remains open to process all Federal Disability Retirement applications; but forwarding them to the U.S. Office of Personnel Management will only await the opening of their doors.

Lines will be forming; but for the Federal Worker who cannot perform all of the essential elements of one’s job, the most important thing to do right now is to get in line, prepare one’s application, and submit it as early as possible.  Backbones aside, there will be much work for OPM once the Federal Government is up and running, again.

For the Federal and Postal Worker preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, the virtue of patience will again be tested.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: The Unresponsive Agency

The complaints abound, and continue to exponentially increase; the U.S. Office of Personnel Management is way behind on its evaluation, review and decision-making process for all characters of retirements, disability retirements included.

It is a given that filing for Federal or Postal Disability Retirement, whether under FERS or CSRS, with the U.S. Office of Personnel Management, must necessarily have an expectation of a time-consuming administrative process, precisely because of the encounter with a Federal bureaucracy.  But it seems that each year — nay, each month and week — the delays continue to expand.

At each step of the way, OPM has become more and more unresponsive, and with new cases coming in, the length of time at every stage, and “between” stages, has been extended.  The process itself contains inherent milestones of delay: from filing the entire disability retirement application to a facility in Boyers, Pennsylvania, which merely annotates the receipt of the case and inputs the case into the computer system; to thereafter sending the disability retirement application, with all of its evidentiary submissions and attachments down to Washington, D.C., where it must first await assignment to a caseworker; then, upon assignment, for the caseworker to even get to the applicant’s submission for review and evaluation.  Then, of course, there is the possibility that the entire packet will be selected to be sent out for review by a contract doctor.

The delays are beyond the control of the applicant, his or her OPM Disability attorney, or the agency for whom the applicant worked.  It is, ultimately, an administrative process which can be tedious, time-consuming, and fraught with delays and extended periods of silence.

Patience may well be a virtue, but the unresponsive manner in which the U.S. Office of Personnel Management has handled the delays, fails to engender much confidence in a system which should be most responsive to those in greater need.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Problem of the Incremental Loss of Time

This short adage has probably been told in the past, but it is nevertheless instructive and applicable:  In a local courthouse, there is a sign on the desk of the clerk which receives and processes pleadings from lawyers and lay litigants, and it states:  “The fact that you have waited until the last minute does not constitute a dire emergency for me”  Now, from the viewpoint of the attorney or lay person who is proceeding pro se, such a preemptive assertion may seem rather cold-hearted; but from the perspective of the clerk, who has seen many such pleas for mercy because of an imminent deadline, it is merely a warning of intolerance.

Time can pass away in incremental aggregates which become days, months; and suddenly, the calendric year has slipped away. This often happens for the Federal or Postal employee who is considering filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management.

Time becomes delayed in incremental bits of precious bundles, and before you know it, one’s agency has lost any accrued good will or patience, and finances become increasingly more difficult to manage.   Illnesses and medical conditions have a way of suspending time and making such a constraining conceptual construct an irrelevancy; for, if time can be divided in the gauging of events, celebrations, occurrences bifurcated by differentiating responsibilities — i.e., work; chores; weekends; obligations; appointments, etc. — the great equalizer is a medical condition, precisely because whether it is the chronic pain, or a psychiatric condition which impacts one’s focus, concentration, mood, etc., then time becomes a single continuum indistinguishable because everything is concentrated upon overcoming the medical condition.  All that one can do in such a quandary, is to attempt to delay various responsibilities through incremental procrastination.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important not to allow for the problem of incremental loss of time to impede the ability to effectively and properly prepare and file a Federal Disability Retirement case.  Now is the time to inquire, prepare, and begin to plan; for “now” constitutes the stop-gap to the loss of time.

Sincerely,

Robert R. McGill, Esquire