Disability Retirement for Federal Workers: What Was It All For?

In the midst of a crisis, when the security of the mundane is replaced by the turmoil of fears, “what ifs”, pain, intrusive nightmares, suicidal ideations, profound fatigue, and the uncertainty of one’s future, questions begin to haunt and abound, enveloping decisions of past moments, reevaluation of present concerns, and furrowing eyebrows for an anxious anticipation of possible events to come.

Medical conditions have a tendency to interrupt present plans, and to degrade the list of priorities once thought to be of significance, or even of any relevance.  But all things must be kept in their proper perspective.  Balance of thought, and prudence of action, should always be paramount.

For Federal and Postal employees who are confronted with a medical condition, such that the medical condition begins to impact one’s ability/inability to perform the essential elements of one’s job, and therefore one’s livelihood and capacity to survive in this increasingly difficult economic climate, the prospect of being unable to perform one’s Federal or Postal job is a daunting challenge which must be faced.

One’s agency can rarely be relied upon to exhibit any lengthy period of empathy; jobs and tasks left undone constitute a basis for termination.  As such, preparing to file for Federal Disability Retirement benefits, whether under FERS or CSRS, is a consideration the Federal or Postal employee must evaluate early on.  It is the one who begins to take those initial, prudent steps, who may later be able to answer those universal questions emanating from fear of the future, such as: What was it all for?  It is for securing one’s future, and to be able to retain one’s place in this often disjointed universe of bureaucratic morass.

Federal Disability Retirement is a benefit accorded to all Federal and Postal employees who have the minimum eligibility requirements met (for FERS, 18 months of Federal Service; for CSRS, 5 years — normally a “given”); and it is precisely that which is offered, which should be accessed when the need arises; and when applied for, perhaps to answer those questions engendered by the trauma of the moment.

Sincerely,

Robert R. McGill, Esquire

U.S. Postal and Federal Disability Retirement: The Proper Mental Approach

One must always have the proper mental preparation before engaging the administrative process of Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS.

First, one must understand that it is a benefit which is not an automatic entitlement, but rather a potential eligibility benefit — and, as such, one must prove by a preponderance of the evidence that one meets the entirety of the legal criteria for such eligibility.  It is not a benefit where there is a simple trigger mechanism — e.g., one’s age, particular factual circumstances, etc. — which then automatically grants the entitlement to the benefit itself.

Second, as an administrative process, one must prepare for the full procedures involved — from the initial application stage, to a possible denial and a request for reconsideration; to a second denial, and an appeal to the U.S. Merit Systems Protection Board (which, by the way, happens to be shut down because of the budget impasse but that may change today); and, beyond the initial appeal, an appeal to the Full Board of the MSPB, and even beyond that (for extraordinary cases), to the Federal Circuit Court of Appeals.  Unless one is prepared to embrace the full administrative process, the ups-and-downs of emotional turmoil and lack of preparedness will wear you down.

And, finally, mental preparation must entail financial considerations — of what to do in order to survive during the long and arduous process.  For, as an administrative benefit which must be proven, one should always understand that one must fight every step of the way.

Only with the proper mental preparedness will one be able to engage the fight to earn the right to such a benefit.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement for Civilian Federal Employees: A Path to Consider

Of course, when a person begins his or her career with the Federal Government, the consideration of a Federal Disability Retirement benefit does not enter into the equation of accepting the position.  Most Federal and Postal workers would rather work and be healthy, than to resort to preparing and filing for Federal Disability Retirement benefits.  

Indeed, the problem with Federal and Postal workers is not that the option of Federal Disability Retirement is considered or taken; rather, the problem lies more in the fact that it is an option of last resort — which is probably how it should be, however necessary such an option must be for many Federal and Postal Workers.  But at some point in the linear continuum of a person’s career, where health and work collide and one must make a choice between the two, it is too often the case that the Federal or Postal worker has passed the point of “reasonableness” in preparing and filing for Federal Disability Retirement benefits.  

It is rare that it is ever “too late” to consider filing for Federal Disability Retirement benefits (unless we are talking about missing the Statute of Limitations in filing); but most Federal and Postal workers, whether from a sense of duty, commitment, or sheer stubbornness, will work beyond the point of a well-reasoned and informed state of health or self-preservation. But however and whenever that point of finally choosing the path of preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, comes about, one should prepare one’s case carefully; formulate the disability retirement application with care and foresight; and file it in a timely manner.  

When the time comes, and the path to a recuperative period of one’s life is finally considered, it should be done “right” — as much as one has invested in the effort of work itself throughout one’s career.

Sincerely,

Robert R. McGill, Esquire

Federal & Postal Service Disability Retirement: Right Questions (Part 2)

Beyond asking questions of one’s self (financial; employment; future; whether one will last until regular retirement, etc.), it is also important to take a two-step process in preparing for a disability retirement application:  First, to do your own, independent research (in this day and age, internet research is the obvious first step), and Second, to contact an attorney.  By the time you contact an attorney concerning disability retirement issues, you should already have an idea as to what your intentions are. 

Hopefully, the attorney you contact will be experienced and knowledgeable concerning all aspects of Federal Disability Retirement laws under FERS & CSRS.  There are many attorneys “out there”; some attorneys do work in Social Security, Federal Worker’s Comp, etc.  Other attorneys perform work in various Federal labor matters; and still others perform work in State and private disability insurance issues.  Remember, Federal Disability Retirement is a specific, specialized field of law; it is best to retain an attorney who specializes and focuses upon your specific area of concern.  Finally, in speaking with an attorney, you should come to a point of becoming “comfortable” with that attorney:  and “comfort” comes only as a result of competent and confident advice — advice that is consistent with the facts you have gather from your prior research on the matter.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: The Right Questions

Often, a person who is contemplating filing for Federal Disability Retirement benefits under FERS or CSRS doesn’t know the “right question” to ask in order to make a proper decision.  Because a medical condition often leaves a person with daily and profound fatigue  (both physical and cognitive), it is enough just to get through the day, come home and attempt to recuperate and regain enough strength to try and make it back to work the next day.  Then, of course, there are the financial worries — whether or not the disability annuity will be enough to support a family; whether a person will be able to supplement his or her income with a part-time job in this tough economy; or whether Social Security Disability benefits can be approved and, even with the offset, allow for enough income for some semblence of financial security. 

All of these questions — or concerns — are clearly legitimate ones, and provide a good foundation for determining the viability for filing for Federal Disability Retirement benefits under FERS or CSRS.  But there are others, also:  What will happen if you don’t file for disability retirement benefits?  Will you be placed on a PIP?  Will you receive an unsatisfactory performance rating?  Will you last until retirement age?  If you last until retirement age, will you have the health necessary to enjoy your retirement?  Is it time to start a small business venture in this tough economy, and if so, when the economy begins to recover, will your small business grow with a growing economy?  Will your supervisor support your extended absences or over-use of sick leave for much longer?  Is the work that is getting backed up placing more pressure on you, such that it is exacerbating your medical condition further?  Think through the questions seriously.  It may be time to file for Federal Disability Retirement benefits under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire