Medical Disability for Civilian Federal Employees: The Inactivity

Waiting upon a third party or entity is often the hardest thing to do.  Waiting upon a bureaucratic process is an exponential aggravation of that same hardest thing to do, because one cannot fathom a reason or rationale for such dependency of unproductive time.

If there was actual knowledge of some accounting for activity during the process, it would perhaps justify the inactivity; but merely awaiting the sequential attendance of a case file which may or may not be reviewed on any given day, is a non-activity of an unknown and unknowable non-productivity of non-action. The result: frustration.

Now, one may argue that the voluntary submission into the world of bureaucratic waiting means that one has received that which was asked for; but this merely explains the cause, and solves nothing.  Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS, is an administrative process which, unfortunately, requires patience, waiting, and a resolve that there will be an ultimate end to the process, given the right amount of time.

Then, of course, the Federal or Postal employee who is subjected to the long wait, must immediately comply with the time-limitations imposed if a denial of a FERS or CSRS disability retirement application is issued by OPM.  When it is upon them, the Federal and Postal employee must be patient; when it is upon us, there are strict time limitations which must be followed, or else…

The bureaucracy moves, albeit at a pace designed to test the patience of saints; but then, the old adage applies as always, that Federal and Postal Workers are the most virtuous of human beings, given that patience is still considered a virtue.

Sincerely,

Robert R. McGill, Esquire

 

Federal Worker Disability Retirement: The Foreigner

The “foreigner” reflects a dual-edged phenomena:  on the one hand, the individual perceives the strangeness of his or her surroundings; on the other hand, those strangers from the “other” land may similarly view the foreigner with interest, suspicion, hesitation, etc.

It is a mutual encounter of cultural clashes.  The singular traveler into untried waters would welcome a friendly face, and thus is often susceptible to criminals and scammers in foreign parts who prey upon unwary tourists.  Within the context of the tourist industry, the “business” side of the industry wants to appear personal and attending to individualized needs, while at the same time dealing in large volumes through a bureaucracy of efficiency.

But being a “foreigner” can occur in one’s own country, too — as in the context of engaging an unknown entity, or an administrative process which is strange and different.

For the Federal and Postal Worker who has been a productive member of the Federal workforce for many years, it is a strange encounter indeed to have to contemplate filing for Federal Disability Retirement benefits.  The entire administrative and bureaucratic process is like stepping onto a foreign land and trying to navigate the streets, towns and cities within the context of trying to understand a language heretofore unfamiliar.

Filing for OPM Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, is an entrance into a land of peculiar and unknown foods and attractions.  For the foreign traveler, it is often best to seek the guidance of a tour guide.

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