Federal Worker Disability Retirement: Banners and Slogans

It is indicative of a society, its values and ethical underpinnings, reflected in accepted public slogans and banners.  Habits are formed by repetitive acts performed first with some thought, then subsequently on automatic pilot.

Each of us walks around with a complex web of intricate belief systems developed over many years; rarely can we penetrate beyond the veil of slogans and banners, for they make up the majority of our consciousness.  That is why it is rarely fruitful to engage in debate; our preset ideas are intractable and unable to be altered; we remain who we are, what we believe, and why we stand for things as they are.

When was the last time you witnessed a debate or discussion resulting in the admission of one or the other of the participants with a declaration of a changed outlook?  To hold fast to an opinion is somehow a virtue, even if one is frightfully wrong.

For Federal and Postal employees who suffer from a medical condition, such that the medical condition may necessitate filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, the obstacle preventing one from initiating the necessary steps will often be the very psychological barrier which is deemed to be a virtue.

Hard work and sacrifice at the expense of one’s health is held up to be a virtue to applaud; but at some point, such an intractable outlook becomes merely nothing more than stubbornness, and even the grandest slogan of bureaucratic thoughtlessness would admit that stubbornness is not an attractive character trait to retain.  At some point, the world of sloganeering and banners tooted about the “mission of the agency” must be overcome with the self-understanding that one’s mental and physical health is paramount; otherwise, automatic piloting will negate the need for human control.

Filing for Federal Disability Retirement benefits, whether under FERS or CSRS, is a necessary component for self-preservation for those Federal and Postal employees who are suffering from a medical condition such that the medical condition prevents one from performing one or more of the essential elements of one’s Federal job.

Setting aside the societal banners and slogans which impede good judgment may be the first step in the process, and is often the greatest obstacle to overcome.  For, one’s education is often comprised of being soiled with the residues of social experimentation, and in that sense, we are mere guinea pigs in service to others.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: The Disjunctive between Words and Actions

In symbolic logic, there is the disjunctive which allows for a choice between two elements, and one must exhaustively pursue the symbolic “tree” in order to arrive at a logical conclusion.  At each fork in the road, there remains a choice; the pursuit of each road leads to the answer one searches for.

Similarly, in life, one is often confronted with such metaphorical “forks in the road“, and the choice which one embraces will determine whether the path taken leads to — if not a logically sound outcome — a reasonable judgment.

Throughout the career of the Federal or Postal employee, a sense of “loyalty” is stressed; that if one works hard, one will be rewarded; if the agency succeeds in its accomplishments, the individual worker who contributed will be acknowledged, praised, etc.  But the true test of sincerity is actions, not more words.

When the time comes when a Federal or Postal employee is overwhelmed by a medical condition, such that the medical condition impacts one’s ability to perform one or more of the essential elements of one’s job, then that is precisely the time to “cash in” on that loyalty which the agency had previously and so honorably declared to be of penultimate importance.

Don’t count on it.

If one’s agency indeed confirms the sincerity of its words, then that is an exponential benefit to the process of one’s life and career.  But short of that, one has reached a true “fork-in-the-road”, tripartite in character, and the choice is often one of walking away, being constantly harassed, or filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management.

Federal Disability benefits were always part and parcel of a Federal or Postal employee’s total compensation package.  It was part of the reason why you “signed on” as a Federal or Postal worker.

When the appropriate time comes — when a medical condition prevents you from performing one or more of the essential elements of one’s job — then it is time to go down that path, and pursue the tree of logic, and look out for one’s own best interest — and not merely be blinded by the words of an agency which somehow declares a state of amnesia when it comes to such vainglorious words like honor, loyalty, and the mission of the agency.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: Always the Basics Matter

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is always instructive to remind one’s self that the focus of any application should be placed upon the basic components of a Federal Disability Retirement application, and once that focal point is embraced, to reiterate and reinforce that aspect of the Disability Retirement application.

Often, when one requests and receives a blank packet of information, including all of the Standard Forms, instructions, financial forms and life insurance forms, etc., to fill out and complete, the sense of being overwhelmed can easily defeat a Federal Disability Retirement application at the outset.

There are multiple personal questions; information requested on military service, on receipt of OWCP benefits; then the complexity of the queries focuses upon those rather simple but “tricky” questions concerning Agency actions, about whether one has “requested” an accommodation; to describe one’s medical conditions, etc.  How a question should be answered is indeed crucial in the successful filing of a Federal Disability Retirement application; whether the answers given should be consistently coordinated with other answers provided is equally of importance.

Ultimately, the basic components of a Federal Disability Retirement application embrace the relationship between the medical condition suffered, and the impact upon one’s positional duties required to be performed.  But, inasmuch as it is not the Agency of the Federal or Postal employee who makes the decision concerning an OPM Disability Retirement application, but the U.S. Office of Personnel Management, it is important to understand that while the answers given involve the actions of the relationship between a Federal and Postal employee and one’s agency, it is ultimately people outside of the agency to whom such answers must be directed.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: The 80% Rule

I recently wrote an article on FedSmith.com concerning the legal process of filing for Federal Disability Retirement benefits under FERS or CSRS, and a reader posted a comment implying and suggesting a lack of understanding about a benefit which would allow for payment of 40% of the average of one’s highest three consecutive years, and in addition, to allow for that annuitant to make up to 80% of what the former federal position currently pays.

I beg to differ. The purpose of allowing an annuitant to potentially go out and earn additional compensation in the private sector are multi-fold: it allows for an individual to remain productive; he or she continues to contribute in the workforce and, as a consequence, pays taxes, FICA, etc.; the amount of 40% (after the first year) is an incentive to go out and do something else. Further, Federal Disability Retirement benefits are part of a compensation package offered to a Federal or Postal employee — it is part of the total employment package, and there is certainly nothing wrong with taking advantage of that employment benefit if and when the need arises. The truth is that most people don’t get anywhere near the 80% mark, but hover closer to the 40 – 50% mark, and together with the disability annuity, are able to make a decent living. All in all, the 80% rule is a smart and thoughtful incentive for those who are disabled.

Sincerely,

Robert R. McGill, Esquire