Federal Gov. and USPS Disability Retirement: The Rise

It is attributed to objects and people; the sun does it in the morning and the moon at night; tides rise and fall; employment rates, statistical variables; the careers of people; and for this coming week, the anticipation of religious significance and theological arguments over the historical occurrence of a matter specifying an Easter Event.

As a noun, it is used to describe great historical events of a period: The Rise and Fall of the Roman Empire; the Rise and Fall of the Third Reich, etc.  In entertainment circles, a variation of it is often applied, as in, “is X in or out?”, or “Is Y up or down?” Whether the bread rises sufficiently, or we miss witnessing the sun rise on any particular day, shows the vast array of elasticity in how we apply a particular concept in everyday usage.

Technically, of course, neither the sun nor the moon ever “rise”; rather, the rotational perspective from any given viewpoint provides an illusion of such a phenomena.  When it comes to describing the state of an object, such loose usage of language is harmless; but when applied to a person, one should remain vigilantly sensitive to such choice of descriptive language.

For Federal and Postal employees who suffer from medical conditions, such that their careers “rise or fall”, or their individual and professional status and stature go “up or down”, the impact upon such lives matter beyond everyday and common application of language.  The rising fortunes and falling health of Federal and Postal employees should matter to those beyond family and friends.

The options?  Filing for OPM Disability Retirement benefits is one option.  It is a benefit which is available to all Federal and Postal employees who have the minimum number of years of service, but one which must be proven to the U.S. Office of Personnel Management.

And what of that event previously referred to for this coming week?  That is the one account where, by those who apply significance to the event, the second half of the description never came about: the rise occurred, but not the fall; or, another way to put it is that the rise conquered the fall.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: Relative Costs

In preparing, formulating, and filing for Federal Disability Retirement benefits from the Office of Personnel Management, there is always the question of costs involved — of the time frame it takes to get from point A (the initiation of the process) to point B (the conclusion of the process — but more importantly, the receipt of actual payment from the Federal Treasury for one’s disability retirement); of being on LWOP for so long; using one’s savings; etc.

However, one needs to also take into account the “relative” cost for the long-term — such as the slow and progressive deterioration of one’s health if one continues to work at a job which is clearly exacerbating and progressively impacting one’s medical conditions; the cost of early retirement as opposed to being on Federal Disability Retirement, where the number of years that a person is on Federal Disability Retirement counts toward the total number of years of Federal Service, such that when Disability Retirement is converted to “regular retirement” at age 62, those years on Disability Retirement are calculated into the total number of years of Federal Service — and thus the cost of not taking that into account, especially if one lives for many, many years thereafter; the cost of having a Federal Disability Retirement application be denied at the First Stage, and thereby necessitating going to the Second, Reconsideration Stage, or the third stage, the Merit Systems Protection Board, and beyond.

Thus, the definition and conceptual meaning of “cost” can be relative, and can be viewed in terms which go beyond the immediacy of one’s monetary resources.

Sincerely,

Robert R. McGill, Esquire

Federal & Postal Service Disability Retirement: Agency Support

Sometimes, the question comes up as to whether or not it is important to have the blessing or support of the Agency or the USPS, when filing for Federal Disability Retirement benefits under FERS or CSRS. My answer to such a question is fairly uniform and redundant:  this is a medical disability retirement; it is unwise to proceed to apply for Federal Disability Retirement benefits on the assumption that your Supervisor or Agency will be supportive, for there is no guarantee as to what “supportive” means (they may have a completely different understanding or definition of the concept than you do — something which you probably learned over many years of working in the Federal Sector), and further, the primary focus from the perspective of the Office of Personnel Management, is upon the medical evidence presented and how the medical condition impacts one or more of the essential elements of your job.  The Supervisor’s Statement should be minimized in importance and relevance, as much as possible, by ensuring that the rest of the disability retirement application is “excellent”.  By doing this, you neutralize any undue dependence upon an Agency’s alleged “support” of your application.

Sincerely,

Robert R. McGill, Esquire

Federal & Postal Disability Retirement: The Agency & the Individual

The National Reassessment Program (NRP) now implemented in full force, along with the Voluntary Early Retirement, the cash incentives (many have called to ask whether or not, if one is not eligible or offered the early retirement, but the cash incentive with a resignation is still being offered, should you take it?), and the Postal Service’s ultimate goal of shedding its payroll of anyone and everyone who is not “fully productive” by doing away with all “light duty” or “modified duty” slots (there actually is no “slot”, but rather merely an ad hoc set of duties “made up” on a piece of paper, which is what I have been arguing for years and years, and as the Bracey Decision by the Federal Circuit Court addressed) — all of these developments are merely a large-scale, macrocosmic level of what happens every day on an individual, singular basis. 

This is merely a reflection of an Agency, and how it acts, reacts and responds to injured workers, workers who have medical conditions which impact one’s ability to perform one’s job, and worker’s who are not “fully productive”.  It is merely that which happens every day to individual workers, but on a larger scale.  Think about it:  A Federal or Postal employee who develops a medical condition, and cannot perform one or more of the essential elements of one’s job; job performance soon begins to suffer, although perhaps imperceptibly at first; and the question becomes:  How will the agency, via its representative, the “Supervisor”, treat such an employee?  Sadly, more often than not, in a rough-shod, unsympathetic, and often cruel manner.  The Postal Service is simply doing it on a larger scale; but be fully aware, that every day, a Federal or Postal employee who is suffering from a medical condition, encounters such behavior and treatment — only, on a microcosmic, individual scale.

Sincerely,

Robert R. McGill, Esquire