Postal and Federal Disability Retirement: The Price One Pays

One hears the familiar refrain:  trying to “game” the system; taking handouts; being on the government’s dole; and multiple similar allegations and assumptions.  Perhaps there are some who receive benefits which may be considered welfare-type compensation; and, maybe there are those who attempt to obtain something for nothing — or very little.  But one must be firm in making the conceptual distinction between those “others” and Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS.

First, the Federal and Postal employee works — and works hard and long hours.  Second, Federal Disability Retirement is a benefit which is part of the total compensation package for the Federal or Postal employee.  Third, Federal Disability Retirement pays a pittance in comparison with the compensatory standard of living which the Federal or Postal employee has been used to, and no sane person would take a voluntary reduction of one’s livelihood merely to get on the “dole”.  Fourth, many — if not most — of those who receive Federal Disability Retirement benefits pay back into the system, by getting a part-time or full-time job in another vocation, thereby paying taxes, FICA, etc.  And Fifth, it is the Federal Disability Retirement annuitant who is the one who pays the price — by having endured the repetitive work to such an extent that he or she has become debilitated; or withstood the abusive mental and physical requirements of one’s position which ultimately necessitated the drastic reduction in pay and forced to take a Federal Disability Retirement annuity.

It is the one who must pay the price — the Federal and Postal employee — who should be complaining; those who stand on the sidelines merely utter words.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Basic Elements

In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, it is important for the Federal and Postal worker who is contemplating filing for such benefits to keep in mind certain basic elements before engaging in the entire process:  

First, it is a long and arduous process, involving multiple stages (potentially) and requiring a great amount of patience.  

Second, the Federal or Postal employee should mentally expunge from one’s mind any view that Federal Disability Retirement is an entitlement — it is not.  The conceptual distinction between an “entitlement” and a “benefit” should be clear from the outset.  The former requires one to simply satisfy certain requirements in order to obtain the benefit; the latter requires that one prove all of the legal criteria, and submit evidence showing that one is eligible by a preponderance of the evidence.  The former requires nothing more than meeting certain basic requirements, which are normally automatic (age, for example); the latter mandates that one prove one’s eligibility.  

Third, there is almost never a “slam dunk” case, where one merely gathers the most recent medical records and reports, fills out the forms, and sends in the application.  Yes, there are certain limited cases, perhaps — i.e., of a Letter Carrier or a Special Agent who becomes bedridden — but these are rare and unique cases, and even then, it is still possible that the Office of Personnel Management will find a reason to deny such a case.  

Fourth, one must always prepare a case both for success at the First Stage of the Process, while at the same time laying the foundation for subsequent stages of the process.  

And Fifth, one should attempt to avoid inconsistencies, both internal and external, in the application, as OPM always targets inconsistencies as the basis for a denial, and likes to extrapolate and use such issues to base their denials.  

These are just some basic elements to keep in mind in preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: The Benefit Needs No Apology

A Federal Disability Retirement annuity under FERS or CSRS allows one to receive an annuity because the Federal or Postal employee is no longer able to perform one or more of the essential elements of one’s job.  

Under FERS, while the Federal or Postal employee is required to apply for SSDI to determine if one is concurrently eligible for that benefit (and, if one is, to have an offset between SSDI and FERS), most Federal and Postal employees fail to qualify for SSDI precisely because he or she is not “totally disabled” (the general legal standard for SSDI eligibility), but merely unable to perform one or more of the essential elements of one’s particular Federal or Postal job.  

This allows for two consequential benefits which help both the society at large as well as the individual Federal or Postal employee:  It allows the individual to have the necessary time for recuperation and healing from one’s medical conditions, and further, it provides for the former Federal or Postal employee to seek other employment in the private sector, and be able to make up to 80% of what one’s former Federal or Postal position currently pays.

Thus, many Federal Disability Retirement annuitants go on to become employed, productive and tax-paying individuals, contributing to the very tax-base which pays for the Federal Disability Retirement annuity.  It is, in many ways, a “pay-as-you-go” system, and is self-sustaining precisely because it is not purely benefit-dependent, but has a great percentage of benefit-recipients actually paying back into the system.  

As a social policy, it is an inherently intelligent system, and requires no apologies for its intelligent design.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Template Approach

The Office of Personnel Management essentially renders both approvals and denials of a Federal Disability Retirement application with a “template” approach.  This is not surprising, but it is little noticed, and this is why:  For disabled Federal and Postal workers who file for Federal Disability Retirements benefits under FERS or CSRS, and who are not represented by a federal disability attorney, it is their “one-and-only” exposure to the Office of Personnel Management.

Thus, if an approval is received, that approval is the first and only time of having any correspondence from the Office of Personnel Management.  Similarly, if a denial is received, then that is the first exposure and contact from the Office of Personnel Management.  There would be no way of knowing whether or not the approval letter, or the denial letter, was or was not a “standard template”.  Certainly, in a denial letter from the Office of Personnel Management, there are references to submitted medical documents, or supervisor’s statement, or some other document which was part of the Federal Disability Retirement application; but the remainder of the denial letter is in “template form”. 

However, when an attorney represents a Federal or Postal worker and receives an initial denial letter, or a denial at the Reconsideration Stage, it is an obvious issue, because any attorney who specializes in Federal Disability Retirement law has viewed hundreds, if not thousands, of such letters.  Why is it important to recognize that the format is in “template” form?  For many reasons.  The type of template; from whom the template is received; the extent of the template; the issues presented in the format; these are all helpful for any experienced Federal Attorney who specializes in Federal Disability Retirement law, to successfully answer such formatted denials.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: After Separation from Service (Part 2)

Of course, it is always the separation from service based upon reasons delineated other than medically-based reasons which give rise to concerns in a federal disability retirement case.  Understand, however, that the “Bruner Presumption” is essentially a “scale-tipper” for the Office of Personnel Management (supposedly) and for the Administrative Judge at the Merit Systems Protection Board (of somewhat greater certainty).  By this, I mean merely that, with or without the Bruner Presumption, a Federal Disability Retirement applicant under FERS or CSRS must still prove by a preponderance of the evidence that he or she is eligible and entitled to federal disability retirement benefits. “Preponderance of the evidence” is essentially proof such that it is “more likely the case than not”.  Thus, when all things are equal, the Bruner Presumption is supposed to tip the scale in favor of the federal disability retirement applicant. 

On the other hand, if an individual was removed for reasons other than medically-based reasons — i.e., as a hypothetical, let’s say he was removed “for cause” — an act of dishonesty; failure to follow certain agency procedures; or whatever the case may be.  Does such a removal tip the scale the other way?  Not necessarily; however, it makes gathering the proper medical evidence that much more important, and what I often do is to try and tie in the underlying behavior which resulted in the removal “for cause”, with the medical basis — if at all possible.

Sincerely,

Robert R. McGill, Esquire