OPM Disability Retirement Attorney: Social Justice

Concurrent litigation entanglements occur often enough; if one has the capacity and ability to compartmentalize life, such multi-adversarial offensives can be effectively coordinated.  At the same time, however, it is important to recognize the folly of spreading oneself too thin; history confirms the defeats suffered at the principle of too much, too soon, as in Germany’s incursion on the Eastern Front while taking on North Africa and the entrance of the United States into a reluctant war.

Strategies of logistical considerations, as well as pragmatic considerations of finances, must always be a factor; thus, for Federal employees and U.S. Postal workers who face a future with an ongoing medical condition which prevents one from performing one or more of the essential elements of one’s job, consideration should be given to concurrent filings.

If an injury or medical condition is “work-related“, there is nothing wrong with filing for OWCP/DOL benefits, while at the same time filing for OPM Federal Disability Retirement benefits.  If both are approved, the Federal or Postal employee has the option of choosing to activate one, and allowing the other to be approved but remain passive.

Filing for Social Security Disability benefits, for those Federal and Postal employees under FERS, is a mandatory requirement during the process of filing for OPM Disability Retirement, anyway, so obviously the concurrent nature of filing is a necessary given.

When considering more far-reaching litigation entanglements, however, such as filing an EEOC Complaint potentially leading to a trial in the Federal Courts, pause should be given, if only because of the statistical disadvantage and high cost of such litigation.  A 2009 WSJ Article found that EEO discrimination lawsuits fared worst in statistical analysis in wins-to-losses ratio, and more recent studies do not provide greater encouragement.

While the recent focus upon the Pao v. Kleiner Perkins case would seem to highlight such statistical disadvantage, at the same time, one must recognize that the particular court case was a gender discrimination case filed and tried in state court, not in Federal Court, and each case reflects the complexity of the uniqueness of a particular set of facts.

The point here, however, is that while statistical analysis certainly can be skewed based upon a multiplicity of complex factors, for Federal and Postal employees who are considering filing for Federal Disability Retirement benefits, a pragmatic assessment should be made which asks, at a minimum, the following:  Do I want to be involved in a protracted litigation with my supervisors, agency and coworkers?  What is the purpose of my filing for Federal Disability Retirement?  Is the cost-to-benefit analysis sufficient in justifying litigation?  What is my definition of “Social Justice”?

For Federal and Postal employees, filing for, and obtaining, Federal Disability Retirement benefits is a practical exit from one compartmentalized stage of life; there is awaiting the next stage, of which Shakespeare reminds us all.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement System: The Numbness of Inaction

Much of our lives are spent on waiting; waiting upon others to complete their portion of a task as a precondition of doing our part; waiting upon a pet to finish their “business”; waiting in line to purchase an item; waiting online for whatever ethereal micro-data transfer to occur in electronic language akin to bitcoin transactions; and waiting to get beyond puberty, across the threshold into manhood so that one’s folly of actions haven’t damaged too severely the potentiality of one’s existence; and, in the finality of life, upon death and the hereafter.

Thus is youth waiting upon folly to end; middle age, a remorseful reflection upon wasted days; and old age the suffering from the want of yore.  And, of course, there is the waiting hours for those with medical conditions — in doctor’s offices for the verdict of a future or lack thereof; and for Federal employees and U.S. Postal workers, often a meandering loss of direction, waiting upon one’s agency for…often not more than administrative actions and sanctions leading to a “performance improvement plan” (what is generally referred to by its acronym, the “PIP”), and to proposed removals and other sanctions.

Free advice:  Don’t ever wait upon an agency to do its part in any right manner; always act without regard for the agency’s expected answer.  Otherwise, the wait will simply result in a crisis of time.  For Federal and Postal employees who suffer from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s positional duties, waiting upon an agency for anything is but mere folly regurgitated from the days of one’s youth.

Sitting around bemoaning the lack of action by an agency, is tantamount to being a middle-aged crumple of impotence; and expecting that an agency will be patient during one’s days of trials is like being an old man in a nursing home waiting upon death.  If you haven’t figured it out by now, agencies and the U.S. Postal Service do what they want to do, when they decide they want to do it, whatever the “it” is.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, is a duty requiring affirmative action by the Federal or Postal employee, where the onus is entirely upon the Federal employee or the U.S. Postal worker.

As waiting is merely a time of inaction, so the numbness of sitting around waiting upon others occurs as a result of atrophy of life; and the numbness of inaction will merely magnify in the loss of mobility for the future, where a Federal or Postal worker sits with an expectation of a future void, until such time as one is prompted into an awareness that it is action which leads to consequential substance, and not the inaction of inertia.

Sincerely,

Robert R. McGill, Esquire

 

OWCP versus OPM Disability Retirement

I still get periodic telephone calls with much misinformation, mixing terms applied to FERS & CSRS Disability Retirement with “Department of Labor Retirement” or Worker’s Comp retirement.  While there are indeed people who remain on OWCP temporary total disability for years and years, OWCP/DOL is ultimately NOT a retirement system.  It is a system meant to pay for injured Federal and Postal workers while he or she is recuperating from an on-the-job injury.

The Department of Labor thus does everything in its power to get the injured worker back to work, by various means:  assigning a nurse to “oversee” the treatment and “progress” of the worker; by sending the injured worker to second opinion doctors to see if there is a medical opinion different from one’s treating doctor; and other means which have nothing to do with the patient’s best medical interests.

I don’t handle OWCP issues; however, because many individuals who file for Federal Disability Retirement benefits under FERS or CSRS have intersecting OWCP issues, also, I have some “on the job” knowledge of such issues.  Ultimately, a worker must decide between the two systems, although one can file for both benefits concurrently, one can only receive from one or the other — not both at the same time.

Sincerely,

Robert R. McGill, Esquire