USPS and Federal Civil Service Disability Retirement: Human Beings and Railroad Tracks

The metaphor of trains and railroad tracks are numerous and infinite in their applicability and relevance:  train wrecks; inability to stop; actions which proceed with a directional course towards a cliff; predetermined path of existence; and many others, some which invite ontological and teleological issues concerning free will and the ability to have an omniscient vantage point.

For Federal and Postal employees who are suffering from a medical condition such that the medical condition(s) impacts one’s ability/inability to perform all of the essential functions of one’s job, the analogy to a train ride is quite accurate.  For, the course of one’s career is often one which is set at the very beginning — an upward trajectory with expected grade-promotions and regular step increases; a sense of working for an agency with a mission, a purpose, and (perhaps most importantly) a steady paycheck.  But a pre-set course has a disadvantage:  a track from which one cannot stray; yet, if continuing onward, a certainty for a collision, headlong into subpar performance evaluations, a PIP, disciplinary actions, and potential terminations.

A train wreck waiting to happen.

About the go over that proverbial cliff.  Federal Disability Retirement is a benefit available for all Federal and Postal workers, whether under FERS or CSRS, if you meet the minimum eligibility requirements.  Fortunately, humans are not trains; free will and the ability to change course in life is an innate potentiality of the human soul.  But free will, in order to have any effect, must be acted upon.  Mere thought is not the same as action; it is, ultimately, human action which leads to change.  Just some thoughts to ponder.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: The Automatic Pilot

Then there is the story of the individual who was driving an RV, set the acceleration mechanism on “auto”, and left the driver’s seat to go and make some coffee.  Obviously, one need not have too great an imagination as to what happened next.

“Auto pilot” is a concept which one considers in the context of comfort and alleviation of human effort; by allowing for machines and artificial intelligence to dominate and take over, such technological advances allow for human beings to engage in other pursuits.  The problem with such a perspective, however, is that most people go through life on auto-pilot to begin with; and allowing for machines and smart-technology to engage in human action merely perpetuates further thoughtless action.

In preparing, formulating and filing for Federal Disability Retirement benefits with the U.S. Office of Personnel Management, whether under FERS or CSRS, one will encounter many steps and stages of the phenomena identified as “auto-pilot” — both at the Agency level, as well as the case-worker at the U.S. Office of Personnel Management.

Whether because of being overworked, or after years of mundane administrative tasks which dull the intellectual capacities of the human brain, it is often difficult to “jolt” the worker into focusing upon one’s particular Federal Disability Retirement application.  While one can argue that, “If you have seen one, you have seen them all”, it is important to acknowledge that one’s own Federal Disability Retirement application is unique precisely because each medical condition and its impact upon one’s ability/inability to perform the essential elements of one’s positional duties is identifiably singular in relevance and importance, and as such, “shaking up” the sleeping giant of auto-pilot is crucial in getting a Medical Disability Retirement claim to successful completion and approval.

To do this, it is wise to make certain that one’s Federal Disability Retirement application is well-formulated, streamlined, and presented in a coherent, comprehensible whole.  That way, if one encounters an auto-pilot, it will not end up like the driver of the RV and result in a vehicle driving over the proverbial cliff.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Last Minute Filings

There are multiple reasons why a Federal or Postal employee might wait to file for Federal Disability Retirement benefits under FERS or CSRS until the last minute — waiting because __________ (anyone may fill in the blank).  Whatever the reason, if the time has come to file, and there are only a couple of weeks left, then it is time to stop looking for various reasons why any further time should be wasted in order to file for the benefit.  Yes, a Federal Disability Retirement case can be prepared within a couple of weeks and filed.  Will it be the best packet?  Probably not.  Can the packet be supplemented later on?  Yes, if it is prepared in a certain way to allow for some flexibility.  Just remember, however, that if the deadline for filing passes, then there is absolutely no chance at obtaining the benefit.  A Statute of Limitations is just that — once it has come and gone, one is legally precluded from ever filing in the future.  One must file on time; otherwise, no amount of supplementation of the original packet will be allowed.  And, by the way, do not rely upon any “exceptions” to the Statute of Limitations.  Reliance on a long-shot is rarely the wisest thing to do.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for Federal & Postal Employees: Time to File

When should I file?  This is a question which is asked often; it is a telling, revealing question, because it is often a rhetorical question.  It is as if the question begs to be answered with an unequivocal, “You must file now”.  Aside from the time it takes, which is generally between 6 – 8 months from the time the entire process begins until the time the Office of Personnel Management approves an OPM Disability Retirement application at the First Stage of the process (and certainly this general time-frame needs to be taken into account because of financial circumstances, accrued sick and annual leave which may be used, and multiple other factors for consideration), the Federal or Postal worker who is contemplating when to file an application for Federal Disability Retirement benefits generally knows the answer to the question.  As a general rule, if one asks the question, then the answer is already known.  If one is expecting a PIP, comes home each day dreading and exhausted, living with the anxiety that the Agency is waiting for an excuse to get rid of the employee; if each night and weekends are spent just recuperating in order to make it into the office for another day, then to ask the question, “When should I file?” becomes merely a tautology.  To arrive at that point is to make it into an emergency; it is better to project into the future; as a football coach once said, “The future is now.”

Sincerely,

Robert R. McGill, Esquire