Federal and Postal Disability Retirement: The Balance Tipper

Life requires a series of fine tuning and adjustments; of the balance between work and leisure; when children arrive, of determining priorities, of managing time and recognizing that the things which seemed important to us previously, need to take on a lesser role; of allowing for enough flexibility in order to maintain an equilibrium within a fast-paced world.  But the substantive content which requires controlling the balance of one’s life is not always that which is asked for; it is only the choosing in order to maintain the balance, which is within one’s control.

Sometimes, such choices involve an admixture of good and bad; other times, the options may be severely limited to only negative ones.  For Federal and Postal employees who are beset with a medical condition, such that the medical condition impacts one’s ability to perform the essential elements of one’s job, there comes a critical point of making hard choices.

The balance has already been influenced negatively; the greater amount of one’s time is already being spent on managing the imposition of one’s medical condition; whether in avoiding pain, in going to doctor’s visits, in sleeping excessively, etc.  The proper balance between X and Y has already been “tipped” because of one’s medical condition.

Some other avenue of choice must be gotten, in order to re-balance the content of one’s life.

For Federal and Postal Workers, there is always the option of filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS.  It is the ultimate balance tipper — in order to allow for the Federal or Postal Worker to have the restorative quietude to attend to one’s medical condition, and yet have a semblance of economic security in order to survive.

Federal Disability Retirement — a balance tipper in a world which often imposes upon our lives, where choices are limited and options narrow the substantive content of what can be done in order to maintain the proper balance in our lives.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: Banners and Slogans

It is indicative of a society, its values and ethical underpinnings, reflected in accepted public slogans and banners.  Habits are formed by repetitive acts performed first with some thought, then subsequently on automatic pilot.

Each of us walks around with a complex web of intricate belief systems developed over many years; rarely can we penetrate beyond the veil of slogans and banners, for they make up the majority of our consciousness.  That is why it is rarely fruitful to engage in debate; our preset ideas are intractable and unable to be altered; we remain who we are, what we believe, and why we stand for things as they are.

When was the last time you witnessed a debate or discussion resulting in the admission of one or the other of the participants with a declaration of a changed outlook?  To hold fast to an opinion is somehow a virtue, even if one is frightfully wrong.

For Federal and Postal employees who suffer from a medical condition, such that the medical condition may necessitate filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, the obstacle preventing one from initiating the necessary steps will often be the very psychological barrier which is deemed to be a virtue.

Hard work and sacrifice at the expense of one’s health is held up to be a virtue to applaud; but at some point, such an intractable outlook becomes merely nothing more than stubbornness, and even the grandest slogan of bureaucratic thoughtlessness would admit that stubbornness is not an attractive character trait to retain.  At some point, the world of sloganeering and banners tooted about the “mission of the agency” must be overcome with the self-understanding that one’s mental and physical health is paramount; otherwise, automatic piloting will negate the need for human control.

Filing for Federal Disability Retirement benefits, whether under FERS or CSRS, is a necessary component for self-preservation for those Federal and Postal employees who are suffering from a medical condition such that the medical condition prevents one from performing one or more of the essential elements of one’s Federal job.

Setting aside the societal banners and slogans which impede good judgment may be the first step in the process, and is often the greatest obstacle to overcome.  For, one’s education is often comprised of being soiled with the residues of social experimentation, and in that sense, we are mere guinea pigs in service to others.

Sincerely,

Robert R. McGill, Esquire

Federal OPM Disability Retirement and “the Decision”

The decision to finally go forward and start the process of filing for Federal Disability Retirement under FERS or CSRS is often a hard one.  One needs to consider multiple factors, and the process of deciding to move forward in and of itself can be a complicated one.  Such factors as the medical condition itself and how progressively deteriorating it is; whether and for how long you can “mask” the medical condition; how perceptive your supervisor is; whether your supervisor and coworkers will continue to provide cover for you, and overlook some of the growing deficiencies; whether, even if you cannot do one or more of the essential elements of your job, whether the amount and type of work you are doing are significant enough for you to continue; whether you have a good rapport and relationship with your doctor; whether your doctor will be supportive and understanding; whether your agency will suddenly and without notice place you on a PIP or file a Notice of Proposed Removal; and a host of many other reasons and factors need to be considered.  For many of these questions, an attorney who specializes in Federal Disability Retirement law under FERS & CSRS can be of help.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: The Decision (Again)

Yes, it is a difficult decision to make — to come to terms with filing for Federal Disability Retirement under FERS or CSRS.  It makes it all the more difficult when individuals wait until the last possible minute before calling up the attorney (me) to file for Federal Disability Retirement benefits.  There have been a few times in the past (very few) when I simply could not take on a case with only a week left before the Statute of Limitations runs out.  The only thing I can do at that point is to identify which forms to fill out (however imperfectly), and give the fax number and the address to Boyers, PA for the individual to file. 

Remember the important point:  You can always make factual, medical and legal arguments after you have filed; you cannot make any arguments if you have failed to file on time.  Of course, it comes with the territory — as an attorney who exclusively represents Federal and Postal employees to obtain disability retirement benefits (there are many attorneys who practice Federal Disability Retirement law as one aspect of a larger practice which includes other areas of Federal Employment law), I understand how intertwining the medical condition is, with the anxiety and stress of filing for Federal Disability Retirement benefits, and how procrastination is often part and parcel of the medical condition itself.  At the same time, however, I take pride in doing a good job; I like to service my clients; I like to see the successful outcome.  As such, I am reluctant to take on cases where there is very little time to file.  I have, and will, take on cases where the Statute of Limitations is about to run out, but there must be at least some time left.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: The Decision

I have often spoken about the “process” of filing, but that mostly concerns the administrative ordeal of filing:  of preparing, of gathering the medical documentation, of writing up the proper applicant’s statement, of putting together the legal arguments in support thereof, etc.  Then, of course, I have spoken about the “human” side of things — of the difficult human ordeal of going through the process.  There is the initial psychological barrier — of starting the administrative process, which is somewhat of an implicit acknowledgment that a person is indeed “disabled”, as if that concept or label has some sort of a “stigma” attached thereto. 

One would think that in the 21st Century, all such stigmas would have been extinguished and extinct; and, indeed, most such stigmas are merely self-imposed.  Often, we are our own worst enemy; there is the barrier of ourselves in the process, of actually starting the process.  This is often why an attorney is the best person to handle a Federal Disability Retirement application — because it allows for the process to begin, without it being so intimately and personal a matter to the applicant.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: The Initial Step Is the Most Difficult

I find that the initial step in filing for Federal Disability Retirement is the most difficult step for people to take.  It is often a psychological block.  I have spoken on this issue in the past.  For a Federal or Postal worker, especially in these constrained economic times where the job market outside of the Federal Sector appears restrictive, at best, the pressure of one’s medical conditions and the impact upon one’s job, results in an anxiousness when it comes to filing for federal disability retirement under FERS or CSRS.  Certainly, it is a significant pay cut.  Certainly, it is a worry that — although one may be able to make up to 80% of what one’s (former) Federal salary currently pays — it may be that the private sector may not offer the opportunities to make up the difference in the pay cut.  Yet, the choices are often stark and untenable; for, at some point, it becomes clear that one’s medical conditions prevents one from performing the essential elements of the job. 

As such, the only and best choice is to move forward:  in fact, even in this economy, creativity will be rewarded.  Private companies actually find independent contractors who carry his or her own health insurance a plus; part-time work is offered more readily in a bad economy precisely because it allows for companies to obtain necessary work and skills without having to pay the “extra” benefits.  The initial step is the most difficult; after stepping beyond the difficulty, Federal and Postal workers who obtain disability retirement benefits find that there is a different and better future — even in this economy.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: Investment for the Future

Ultimately, whether or not this is an optimum time for an individual to file for Federal Disability Retirement under FERS or CSRS is a decision each individual must make, depending upon the specific circumstances. From a medical standpoint, of course, most individuals have no choice because he/she must file for disability retirement. From an economic standpoint, as private companies cut back and begin relying upon a part-time workforce without needing to pay for a worker’s health insurance benefits and other benefits, a Federal Disability Retirement Annuitant is a very attractive potential worker, indeed, because most such annuitants retain their own health insurance benefits.  Such an annuitant can go out and find a job making up to 80% of what his/her former job currently pays, and still continue to receive the disability annuity.  Further, while each individual must make a decision concerning hiring an attorney to help secure disability retirement benefits, it should always be looked upon as a long-term investment.  Disability annuitants may be chosen randomly every two years to answer a Medical Questionnaire, and it is equally important to retain the benefits, as it is to initially secure it.  These are all issues which must be considered carefully, as an investment for the future.

Sincerely,

Robert R. McGill, Esquire