Tag Archives: getting fers disability retirement after a long legal fight

FERS & CSRS Disability Retirement for Federal and USPS Workers: ICM versus ICBM

During the Cold War era, the latter acronym was familiar to most, as fears were magnified as to the intercontinental capacity of the U.S.S.R. (those who can still decipher this immediately reveals one’s age).  In those days, one did not need to know the Eastern European countries by name; they all fell under the satellite rubric of the “union” of those with “the Bear”.  ICBMs were counted and their capacity and efficacy were determined by the exponential powers of the number of “warheads” attached.

ICMs, on the other hand, are a fairly recent phenomenon. They show the extent, or the lack thereof, in what agencies and individuals with minor fiefdoms will perpetuate.  They can also be metaphorical antonyms of ICBMs, in that when one possesses an ICM, it can result in the prevention of an ICBM being launched across the barricades of time.

For Federal and Postal employees who are considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS or CSRS, because of a medical condition which is impacting one’s ability to perform all of the essential elements of one’s job, it is important to utilize one’s hoard of ICMs.

Agencies often have no need or, rather, they will often disregard the need, to engage in utilizing impulsivity control mechanisms, because they have the power to hire, fire, reprimand, reassign or otherwise penalize the serfs of this world. But for the Federal or Postal employee who is contemplating filing for Federal Disability Retirement benefits, it is important to apply the various impulsivity control mechanisms available, including resisting the urge to inform a supervisor until the proper time; the inclination to make derogatory references about the workplace in one’s Statement of Disability; and other impulses which may ultimately harm the goal of attainment sought: of a Federal Disability Retirement annuity, granted through an approval from the U.S. Office of Personnel Management.

For, in the end, the ICBMs remained in cold storage [sic], precisely because the greater instinct for humanity’s survival depended upon the evolutionary relevance of ICMs.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: Watchful Eyes

The falcon flies in our midst; with an unknown distance of its perimeter to prey, it suddenly appears, perched with watchful eyes for squirrels, rabbits, other birds, etc.  Its flight is silent and graceful, and long before people realize its presence, the silence and sudden muteness of wildlife activity reveals the fear imposed by its mere appearance.  It flies silently, swiftly, and with a grace which demands awe and respect.  From its high vantage point, the targeted prey below rarely stands a fair chance of avoidance.  Those eyes are focused, with a singular vision operating to corner, catch and consume.  Organisms under a microscope must feel a similar sense, if indeed they become aware of being studied and prodded.

People, too, who are being surveilled and inspected; there is often a sixth sense of being constantly and vigilantly watched.  Federal and Postal Workers who are under the onerous burden of a Performance Improvement Plan (the acronym of a “PIP”) have that same sense.  It is not a positive or productive feeling; it is, instead, a dread of knowing that the “watching” part is merely a prelude for further actions forthcoming, like the noiseless glide of the hawk above.

Being under the constant gaze of a predator often requires preventative action on the part of the prey; for Federal and Postal Workers who come to recognize that his or her job performance is deteriorating because of a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s job, preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management may be the best option and course of action to take.  Because it is taking such a long time to get an approval these days, preparatory steps should be taken early.  Waiting for a separation from service, while still allowing for time thereafter to file, is normally not the wisest course.

As it is always better to be the “watcher” than the “watched”, so the Federal employee who needs to file for OPM Disability Retirement benefits should take the affirmative steps to prepare for an eventuality — that time when, like the hawk who has made a decision to target its prey, the Federal or Postal Worker has a place of refuge to enter.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Process Mentality

The importance of understanding that filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, as a “process”, is critical in reaching the mental preparedness necessary to endure the potentiality of the lengthy encounter.

The analogy of the approach should be likened to the difference between WWI and WWII — of trench warfare as opposed to a blitzkrieg.  It is the former which must be prepared for, and not the latter.

For, at each step of the way — from waiting for the proper medical reports to be prepared by the treating doctors, to formulating the narrative of one’s statement of disability; to waiting for the agency to complete the processing of their potion (i.e., the Supervisor’s Statement and the Agency’s Certification of Reassignment and Accommodation efforts); to the intake processing unit of OPM at Boyers, PA, then down to Washington D.C. where assignment of the case will take some time; to final assignment of the case, and potential routing for review by a contract doctor — this is all merely at the First Stage of the process.

If it is denied at the First Stage, then one must fight the process through the Reconsideration Stage, and possibly beyond.

Thus is the mental preparation at the outset required in order to survive the multiplicity of bumps and turns within the process itself.  It is best to know the trials in order to survive the process, and to prepare for it as best one can.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: When It All Becomes Worthwhile

Aristotle’s admonishment of determining too early the virtue and reputation of an individual, can be analogously likened to the state of emotional turmoil we find ourselves in, at any given moment of one’s life.  Happiness is indeed a fleeting state of one’s being; and the history of civilization is one fraught with trembling and fear, with interludes of joyous celebration.

For the Federal and Postal employee contemplating preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the administrative process of the actual filing itself, and the patient waiting for months-on-seemingly-unending-months, is merely a continuation of the trials which the Federal and Postal Worker has had to endure within the context of a history of such trials.

We tend to view life’s events in a vacuum, as picture-perfect albums of lives lived in tandem with our selective memories.  And for evolutionary purposes, perhaps that is the only way we could survive; for, to constantly be reminded of the trials would be to relive the morbid traumas of our lives.

The Federal and Postal employee who has come to a point in his or her life such that filing for Federal Disability Retirement is the only viable option left, must then endure the further trial of waiting upon the U.S. Office of Personnel Management to render its decision.

In the end, when an approval is received, the sigh of relief reverberates to tell of the happiness felt in that moment of jubilation; but silent is the suffering which preceded that fleeting snowflake of time as joy floats soundlessly for a frozen frame of time.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: The Ecstasy of Approval

Winning, of course, cures all ills; it is the pinnacle of a goal-oriented aim of any endeavor — to prevail, to obtain the intended effect, to accomplish the very goal which one has set out to do, etc.  In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the goal is to obtain an approval from OPM.

An approval, however, has many consequences, and often in very short order — separation from Federal service; a sudden cut in pay (if one has continued to work during the administrative process; of course, the opposite may be true if one has been on LWOP or has already been separated from Federal Service); a drastic change in daily routine, etc.

Thus, part of the process during the patient time of waiting (I will restate the syllogistic quip which I have repeatedly invoked:  Patience is a virtue; Federal and Postal employees who file for Federal Disability Retirement must be the most patient of individuals; ergo, Federal and Postal employees are the most virtuous of people) is for the Federal and Postal employee (or ex-employee, as the case may be) to prepare for the eventuality of the achieved goal, both physically (perhaps a move is contemplated because of the reduced circumstances?) and psychologically (the sudden alteration in work, economic changes, etc.).  The ecstatic response of Federal and Postal employees in being informed of an approval from the Office of Personnel Management is indeed gratifying; but it is the days, weeks and months that follow, which tests the preparatory mindset of the Federal or Postal Employee.

In psychology, there is that special Gestalt experience; but it is often the period that follows which constitutes the more important phase of psychological awakening.  Similarly, while the “win” in a Federal Disability Retirement application is indeed the intended goal, one must always remember that there is an afterlife to live, and how one prepares for that, is all the more important.

Sincerely,

Robert R. McGill, Esquire