OPM Disability Retirement: A Dedicated Pool of Workers

Federal and Postal workers are among the most dedicated of employees.  Yes, in this time of debt crisis and budget crunching, quickly decreasing pool of available Federal funds, the “talk around town” is about the bloated Federal and Postal bureaucracy.  But when it comes down to the individual worker, both Federal and Postal, the ones I have had the privilege to represent, are dedicated, hard-working, and to a person, never wanted to file for Federal Disability Retirement benefits under FERS or CSRS.  They simply had no choice.  As to whether or not the benefit is a “windfall” is, in my opinion, an unfounded charge and an insult.  Disability Retirement is merely one of the “benefits” in the total employment package when one signs on as a Federal or Postal employee.  Many private sector jobs offer disability insurance as part of an employment package, and Federal Disability Retirement benefits is simply a part of the employment package for Federal and Postal employees.  For all Federal and Postal employees — that dedicated pool of workers in the Federal sector — enjoy yourselves this 4th of July weekend.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Disability Retirement: Interaction with VER, A Continuing Dialogue

I sincerely hope that the proposed VERs which will be issued in the next couple of weeks will be economically viable and rewarding for those who qualify.  I say this because the primary criteria proposed for qualification involves those who are at least 50 years of age with at least 20 years of service, or any age with at least 25 years of service.  Anyone who has dedicated his or her life for a minimum of 20 years deserves something comparable to “full retirement” benefits.  My suspicions are raised, however, only because the motivating factor behind the offer is to target employees in specific locations where reductions in force or restructuring will be taking place — i.e., from the Post Office’s perspective, those places where greater “efficiency” can be obtained, at the cost of a person’s lifetime dedication and service to the Federal Government.  I realize that Adam Smith’s economic truth will always be at play — that self-interest leads to unintended consequences which, in a capitalist system, results in collateral benefits of employment, wide economic impact, etc.  But just make sure that, just as the Post Office is looking after its own interest first, that each Postal employee looks after his or her own interest, similarly — first.  Look at the VER carefully.  Compare it to disability retirement benefits carefully — not only in terms of “today’s” dollar value, but also into the future.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: OWCP, Light Duty & Federal Disability Retirement

As I stated in my previous blog, OWCP is not a retirement system. Instead, it is meant to return an injured worker back to productivity with his or her agency. This is done through means of providing for medical treatments; paying the Federal employee temporary total disability benefits during the time of treatment and recuperation; then, if the Federal or Postal employee is unable to return to the former position in full capacity, to offer a “modified position” to the employee.  At each step in the process of OWCP/DOL, the onerous and burdensome hand of the process becomes clear — for, if at any time, the employee refuses to follow the mandates given by OWCP, the real threat of having one’s temporary compensation suddenly terminated is always a possibility. 

Thus, in accepting OWCP benefits, there is a clear trade-off:  tax free compensation for the price of being completely governed by OWCP.  Then, when the modified job offer is given, you have no choice but to accept it, in whatever form, and must be accepted “as is” — otherwise, your temporary total disability payments will be terminated.  Remember, however, that accepting such a position does NOT preclude you from filing for disability retirement benefits, because the case-law governing Federal Disability Retirement has a “safety” feature:  in order to be considered a legally viable “accommodation” under the law, the modified job that is offered and accepted must have been one which was previously in existence, and vacant.  It cannot be your old job slot, modified by a piece of paper prepared by your agency and the Department of Labor.  It must be a true job.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Agency Loyalty

Many people who call me and tell me their narrative about the Agency, the medical conditions, the growing inability to perform the essential elements of the job, and the resulting need to file for disability retirement, often reveal an undertone of a common element:  after so many years of loyalty, how could the Agency show such callous lack of caring? 

I don’t have an answer to the question of lack of empathy on the part of an Agency; Agencies are made up of individuals; individuals show varying degrees of care, sympathy, and loyalty, but only up to a point:  if such care or empathy will somehow be perceived to harm the “mission of the Agency”, or if walking the proverbial “extra mile” for an individual who needs some temporary support is quite simply seen as “not worth the trouble,” then the individual will simply turn his or her back on the disabled individual.  When the individual turns his or her back on the employee filing for disability retirement, then the Agency turns its back on the person; for, again, Agencies are made up of individuals.  But what about the loyalty that was shown by the employee for all of those prior years?  How about the years of doing overtime, of doing extra work without complaint, etc. — doesn’t that account for some bilateral, reciprocal loyalty?  Unfortunately, it does not amount to much. Loyalty in today’s society is defined as:  What have you done for me today?  For the Federal and Postal Employee who needs to file for Federal Disability Retirement benefits, expect the worst; expect that your Agency will not be supportive during the 6 – 10 month administrative filing process.  Then, if by chance, a supervisor shows some empathy and support, you will have been pleasantly surprised.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability: End of Year

The New Year is upcoming. For those who are anxiously awaiting a decision on their Federal Disability Retirement applications, remember that this is a continuing process. Thus, whether or not the application gets approved or denied prior to the coming New Year, the process of then having the Agency provide the necessary payroll information in order for interim payments to begin, will still take some time. Unfortunately, the Office of Personnel Management is a bureaucracy. Within each bureacracy, as with all such gigantic entities, there are individuals who are competent in what they do; others, less so. Once a disability retirement application has been approved, the best thing which can be done to expedite payment on an approved claim, is to be persistent (on a daily basis, and some times on an hourly basis); be cordial and professional with each person you speak with, but be firm; get the name, telephone number, and write down any “promises” which an OPM person makes or proposes to make; then get a firm date as to when the promise will be fulfilled. Also, it is helpful, if possible, to get a supervisor’s direct number. Remember, good manners and courtesy will get you a long way; “befriending” an individual will get you even further; and gaining a sympathetic ear will get you the farthest. Be persistent, patient, and a pain-in-the-behind — all at once.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement Cases: Presenting the Case to OPM

Fortunately, most of my cases which are submitted before the Office of Personnel Management at the Initial Stage are approved. It is important to step back and understand, first and foremost, how the approval/disapproval process works. Remember that the submission to the Office of Personnel Management is a “paper submission”, and as with any bureaucratic presentation, it is important to make sure that it is neat, understandable, and “presentable.” You want to make your particular submission stand out from the thousands which are submitted. Neatness and streamling accounts for much. Merely gathering up a thousand pages of medical documentation and hoping that the sheer volume and weight of the medical records will be proportionate to the seriousness which the OPM representative will view your case, is a foolhardy approach.

I attempt to streamline the case for the OPM representative, by annotating, identifying the medical documentation, explaining the relevance of the documentation, and identifying both statutory and case-law citations which are relevant in supporting the fundamental basis for the disability retirement application. It is important to make a proper presentation. It makes the life of the OPM Representative that much easier, and if the OPM Representative can review the application, read the synopsis, clearly understand the relevance of the medical documentation, be able to analyze the applicant’s statement and do it almost effortlessly, then one is more often than not rewarded with an approval, rather than the dreaded “denial letter”.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: Thanksgiving

This year has seen a tremendous amount of changes: a seeming meltdown of the economy; a coming change of the Presidency; vulnerability of the Big Three Automakers; a housing market downward spiral; a volatile stock market which seems to take two steps back for each day of upward trading; and on and on. In the midst of such turmoil and change, when a medical condition impacts a Federal or Postal employee on top of it all, it makes any potential perspective for a bright outlook to the future look bleak. Remember, however, that this is a week of Thanksgiving. It does well for the soul to pause and reflect upon one’s blessings. Yes, disability retirement benefits may not pay enough, but it is a benefit which is granted by a Federal government which has a compassionate understanding that such a benefit is necessary to allow loyal employees to have an opportunity to receive a financial “base amount” — and hopefully be able to be productive in some other capacity or career. I hope that everyone takes a moment this week and spends time with “the family”. Happy Thanksgiving.

Sincerely,

Robert R. McGill, Esquire