Tag Archives: federal disability retirement applicants will need to be extremely proactive even with the assistance of an opm disability retirement attorney

Medical Retirement Benefits for US Government Employees: Memories

Memories induce a peculiar phenomena; by expunging them, we can perhaps sidestep sadness and loss.  With them, we are left with a lasting image of who we were, who we are, and who we have become, with a hope for recovery when we have lost our “place in society”.

Illness and disability often perverts our memories; the suffering person will often have a misplaced and skewed memory of the person he or she once was.

For the Federal or Postal Worker who is experiencing and undergoing the trauma of a medical condition, such that the medical condition impacts one’s ability to perform all of the essential elements of one’s job, it is often the pervasive memory of a time past, which continues to impede a necessary present course of action.  But before one gets to a critical point of crisis management, it is important to engage a realistic assessment of one’s present circumstances, and determine one’s future course of actions, and not be diverted by the memories of one’s past glory days.

Federal Disability Retirement is a benefit accorded to all Federal and Postal Workers who have the minimum eligibility criteria met (18 months for those under FERS; 5 years for those under CSRS), and should be looked upon as part of one’s total employment benefits, to be utilized when needed.

It is a benefit which must be ultimately submitted to, and approved by, the U.S. Office of Personnel Management.

Consider the future; let not memories of past days confound the need to take direct and proper actions today; for, in the end, there will time to reflect and remember in future days to come.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: The Futility of Waiting

The waiting game is perhaps the most frustrating aspect of any endeavor; for, in the end, dependence upon a third party to act, when the other person, entity or agency, may in fact never act, merely increases the sense of frustration.

In a Federal Disability Retirement application, ultimately filed with the U.S. Office of Personnel Management, whether under FERS (Federal Employees Retirement System) or CSRS (Civil Service Retirement System — that grand old system which some were fortunate enough to squeeze into before the mid-80s when abolition and transition to FERS occurred), Federal and Postal employees will often think that they must “wait” for their agency to act, to perform some duty, to respond, to do something… when in fact waiting normally results in further non-action.

Since the preponderance of the evidence in proving a Federal Disability Retirement case is solely upon the Federal or Postal worker who applies, it is rare that waiting for anything from one’s agency will bear any substantive fruit of any kind.  While medical conditions continue to progressively worsen, one is left waiting; while time continues to march on, one is left waiting; and while resources get depleted, and more and more SL & AL is used up, the Federal and Postal worker is left with the proverbial empty bag.

No, there is ultimately nothing that needs to be waited upon in preparing a Federal Disability Retirement application.  While dreams of the future are made with the stuff of patience, it rarely includes waiting upon an agency of the Federal Government to prepare one’s Federal Disability Retirement application.  Better to go chase a cloud in the sky than to expect anything helpful.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: Proactive Development of a Case

The problem with medical conditions is that we tend to regard them passively, as recipients of service at a restaurant, or as victims of an automobile hit-and-run.  There is some limited truth to such a perspective; for, as medical conditions come upon us without notice or invitation, we are merely recipients of a condition of that which we never asked for nor desired. But once it becomes an existential fact, and one which becomes chronic and somewhat irreversible, then the subsequent methodology of what we do with the medical condition becomes the responsibility of the bearer of such bad news.

For Federal and Postal employees who suffer from a medical condition such that the medical condition(s) prevents one from performing one or more of the essential elements of one’s job, whether under FERS or CSRS, consideration must be given to filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management.

Passivity in life will only engender magnification of inactivity; and as one must affirmatively prove by a preponderance of the evidence one’s Federal Disability Retirement case, sitting idly by as one’s agency takes steps to increase the penalties of unsatisfactory performance via leave restrictions, a PIP, suspensions, or other adverse actions, including removal from Federal Service, is simply an ineffective way of formulating and developing one’s Federal Disability Retirement case.

Case development requires a proactive stance; inactivity will only feed upon the devastating medical condition already suffered.  Being a victim of a disease or injury once is bad enough; let not the occurrence be magnified by compounding the problem through inactivity and passivity.

Sincerely, Robert R. McGill, Esquire