OPM Disability Retirement: The Walking Anomaly

The identity of a person is represented by a composite of memories held, present activities engaged, and future endeavors planned, thus bringing into a complex presence the times of past, present and anticipated future.  It is because of this walking anomaly — of not just an entity living in the present, but of someone who possesses the retentive capacity of memories past, and plans made and being generated for future actions — that the complexity of the human condition can never be fully grasped.

For the individual, therefore, who begins to suffer from a medical condition, such that the medical condition or disability interferes with the delicate balance of the tripartite composite, the fear of destruction of present circumstances, and diminished ability for future progress, is what complicates matters, in addition to the capacity to remember how things were, which only exacerbates one’s anxiety and angst, in addition to the medical condition itself. It is like being caught eternally in the middle of a three-day weekend: one is saddened by the day already passed; one anticipates an additional day, but the knowledge of the diminishing present makes for realization that the future is merely a bending willow in the winds of change, inevitably able to be swept aside.

For the Federal employee or the Postal worker who suffers from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s job, it is that recognition of past performances and accolades, of accomplishments and successes, combined with present potentialities yet unfulfilled, which makes for a tragedy of intersecting circumstances.  Filing for Federal Disability benefits through the U.S. Office of Personnel Management, whether the Federal employee or the Postal worker is under FERS or CSRS, should not, however, diminish the hope for the future.

Federal Disability Retirement benefits allows for the impacted Federal or Postal worker to receive an annuity, and continue to remain productive and plan for the future. It is the solution for many Federal employees and Postal workers who are too young to retire, and have invested too much to simply “walk away” with nothing to show for the time of Federal service already measured.

In the end, Federal Disability Retirement may not be the best option, but the only viable option available, and for the walking anomaly known as man, OPM Disability benefits may be the methodology to complete that unfulfilled potentiality yet to be achieved.

Sincerely,

Robert R. McGill, Esquire

Experiential Responses: Medical Retirement for Postal & Civilian Federal Employees

Life’s garbage is supposed to teach us lessons; that is what we are taught from a young age.  Thus, long lines allow for an opportunity to test patience; insults and ingratitudes, self control; imprudent behavior, an antipathy towards it; lengthy battles, allowing a lesson to forge on while others give up; and similar encounters which provide ample revelations for altering one’s natural instinct of regressive responses.

But the other force which powers its way in an insidious and countermanding manner, is the very negation of lessons learned: of finding security in habitual and repetitive behavior; of responding in a known manner, because past actions of an established quality provide a zone of comfort in contrast to an unknown future.  But medical conditions in and of themselves are unknown factors which impede, intrude, and interrupt.  Sometimes, not acting is as deleterious as proceeding against life’s lessons, learned or yet unachieved.

For Federal and Postal employees who suffer from a medical condition, such that the medical condition not only impacts one’s ability and capacity to perform all of the essential elements of one’s positional duties but, beyond that, has already impacted the extent of experiential encounters with one’s agency, supervisor, coworkers, etc., it may be that one must reconstitute and consider changes which may be anathema to one’s very nature: patience for long-term treatment may not work, as one’s agency may be impatient; self-control towards the ingratitude manifested may not be enough; and imprudent behavior engaged in by one’s agency may be an acceptable norm of standards to follow.

Federal Disability Retirement benefits are meant to allow for the Federal and Postal employee to attain a level of livelihood in order to attend to the most important of life’s experiential encounters: one’s health.

While filing for Federal Disability Retirement benefits, whether one is under FERS or CSRS, may feel like one is “giving up” instead of forging forward despite adversity; the reality of it is that filing for OPM Disability Retirement does not constitute defeat or surrender, but rather an affirmative move to change the stage of the battlefield.  Further, in life, it is not always the “good guy” that wins. Sometimes, the guy in the white hat must walk away, only to see another day to engage the greater battle of life.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: The Deception of Being on OWCP

“But I am on OWCP,” the caller insists.  “But that wasn’t the question.  The question is, are you still on the rolls of the agency?”  “But OWCP has been paying me for the last 2 years and…”

The deceptiveness of being on OWCP and receiving payment from Worker’s Comp results in a feeling of security and lulls one into a sense of comfort.  But receiving OWCP/FECA benefits does not mean that one cannot be separated from Federal Service.  Indeed, many people continue to remain on OWCP rolls, receive the non-taxable benefit, and believe that, because they are on OWCP, this somehow means that they have not be separated from Federal Service.  Beware.  Be aware.  While on OWCP, if the agency moves to separate you, that means that you have one (1) year from the date of separation to file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS.

Being “on” the rolls of OWCP does not stop, prevent, or otherwise interfere with the agency’s determination or right to separate the Federal or Postal employee in order to fill that position.  Then, of course, once a person is separated, and over a year passes, one can no longer file for Federal Disability Retirement benefits, whether under FERS or CSRS, if over a year passes by, because under the law (what is called the “Statute of Limitations“), a Federal or Postal employee must file for Federal Disability Retirement benefits within one (1) year of being separated from Federal Service.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: OPM Disability & OWCP Disability (Continuing…)

A person who is on OWCP Disability payments — 3/4 of one’s gross pay if married or with dependents, or 2/3 of one’s gross pay if single without dependents – may well find the comfort of such payments and the security of such income to be relatively “safe”.  The old adage that one does not read the fine print during times of smooth sailing, and only begins to worry about issues when things go awry, is something to be kept in mind.  If a Federal or Postal employee is receiving OWCP Disability payments, and as such, one’s financial stability is somewhat assured because of it, that is precisely the time to be considering one’s future.  

OWCP Disability payments have a formal designation — it is called “Temporary Total Disability“.  The focus should be upon the first of the three terms — temporary.  It is not meant to be a permanent feature; OWCP is not a retirement system.  If placed on OWCP for over a year, the Federal Agency or the Postal Service will often separate and remove a Federal or Postal employee from the employment rolls of the Agency.  Once removed, the Federal or Postal employee has only up to one (1) year to file for Federal Disability Retirement benefits under FERS or CSRS.  Once that year passes, you cannot file.  Years later, when OWCP & the Department of Labor stop those “Disability payments” for whatever reason, you cannot then start thinking about filing for Federal Disability Retirement benefits under FERS or CSRS. You will be reminded that TTD stands for just that — Temporary Total Disability. It will then be too late.

Sincerely,

Robert R. McGill, Esquire