Federal Employee Medical Retirement: The Key to a Case

Often, when dignitaries or celebrities visit a particular city, they are recognized, applauded and sometimes “given the keys” to a city — metaphorically meaning that they are provided with certain benefits and access to such benefits.  It would be nice if, in every circumstance involving the necessity of identifying a key to an access, that we could figure out which key fits, in order to open the door to that previously-inaccessible entranceway.

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 important to identify, recognize, and implement the “keys” to a successful outcome.  If one metaphorically views a Federal Disability Retirement application, then the application itself would be the key; the doorway which prevents access is the U.S. Office of Personnel Management; and the opening of the door is the successful approval of a Federal Disability Retirement application.

The “key”, then, is that which opens the doorway, and leads to eligibility of one’s Federal Disability Retirement benefits.  The focus of the Federal and Postal employee must be upon choosing the right key; crafting the proper implement; then ensuring that the instrument fits properly the lock which bars the entrance to the gateway of success.

Such formulation and compilation of the proper key in order to obtain access, is — to put it in trite form — the key to one’s success.  As such, it is important to put one’s effort in the timeline just before putting the key into the lock — i.e., in the formulation and preparation, of compiling the right data, arguments and documents, in order to possess and apply an effective application.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: The Unguided Doctor

In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, it is important to guide the doctor into properly preparing and formulating the medical narrative report.

This is not a matter of “telling what the doctor to say”.  The treating doctor is obviously aware of the types of medical conditions that the patient — the Federal worker who is filing for Federal or Postal Disability Retirement benefits — is suffering from.  The doctor’s professional integrity, as to what his or her medical opinions are, should always be preserved and be paramount.  

Further, it is merely a factual issue as to whether the doctor will be supportive of such an endeavor, and such support can only come about by having a direct and frank discussion about the requirements of one’s positional duties and how those positional duties are impacted by one’s medical conditions.  

Rather, the issue of guiding the doctor is one of informing him or her of the particular elements which are necessary and unique in a Federal Disability Retirement application, which must be addressed in a narrative report.  For, otherwise, the unguided doctor will simply issue a narrative report with a different focus and a different end.

Guidance is merely knowing what the goal of a particular activity requires, and unless the treating doctor understands the technical requirements of what is needed (the end-goal), that doctor will merely attempt to meander by accident in a formulation which may include elements which are more harmful, than helpful, in preparing, formulating, and filing for Federal Disability Retirement benefits under either FERS or CSRS.

Sincerely, Robert R. McGill, Esquire

OPM Disability Retirement: Obtaining the Doctor’s Support

In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, it is important to garner the support of the treating doctor. 

Such needed support is obvious; it is, after all, a paper presentation to the Office of Personnel Management (despite the move to a “paperless” society, the conceptual application is still relevant; for, whether paperless or not, some mode of presentation must still be forwarded to the Office of Personnel Management).  As such, one should be prepared to discuss with one’s treating doctor the “medical” benefits of filing for Federal Disability Retirement — and not just focus upon the administrative and legal efforts which must be engaged. 

Thus, for example, one should inform the doctor that obtaining OPM Disability Retirement benefits under FERS or CSRS does not prevent one from seeking other, alternate employment — one which will not medically exacerbate the conditions which one is suffering from.  As such, going out on Federal Disability Retirement has a therapeutic impact, inasmuch as it (1) allows one to recover by ceasing the type of current work and (2) as work is often considered good therapy, it allows for productivity in another, separate area.  

Remember that a treating doctor’s concern is focused upon the medical health of the patient; persuading a doctor to support one’s Federal Disability Retirement application should thus focus upon the concerns of the doctor.  Persuasion must always take into account the “other’s” concerns.  That is the key to effective persuasion.

Sincerely,

Robert R. McGill, Esquire

 

Early Retirement for Disabled FERS & CSRS Workers: Federal and Postal Employees

With the benefit available to Federal and Postal employees, of a Federal Disability Retirement under either FERS or CSRS, there is often a perception on the part of the non-Federal Sector public, that Federal and Postal employees have benefits which are extravagant.  In these times of economic turmoil, with the Federal deficit exploding exponentially, one might wonder about a benefit which pays an annuity for not being able to work at a specific type of job, yet encourages people to become productive members of society in some other job. 

Yet, in this snowstorm which has just hit the East coast, I see the Postal delivery vehicles making their way through the residential neighborhoods, and Federal Workers going into work.  Federal and Postal workers are the most dedicated workers I have come across.  To a person, each Federal and Postal employee I have represented to obtain Federal Disability Retirement benefits under FERS or CSRS, never wanted to file for or become eligible for the benefit.  They would rather have worked in their career and choice of Federal or Postal job.  But because they suffered from a medical condition such that they could no longer perform one or more of the essential elements of the job, they had to file.  It is a benefit well worth the cost.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: The Feel of a Treadmill

The analogy of a treadmill is an apt one; each of us have been on one, and know the “feel” of one which is set at too slow a pace, or too fast a pace.  It is also a metaphor for life itself; that on some days, one feels that the energy level is in perfect consonance with one’s self; at other times, one wonders whether the treadmill will push us off because we are not able to keep pace with it.  Federal and Postal workers who are suffering from a medical condition because it impacts the daily performance of one or more of the essential elements of one’s job, often feel the threat of the treadmill.  

With Supervisor’s threatening less-than-satisfactory performance evaluations, to placing a worker on a PIP; to the chronic and daily symptoms which impact one’s productivity at a job; the measure of whether one can keep pace with the treadmill, or if one is in danger of being pushed off, is a valuable self-appraisal in determining whether it is time to consider filing for Federal Disability Retirement benefits under FERS or CSRS.  Often, what stops the Federal or Postal Worker is doubt and fear about the process.  Yet, despite the complexity of the process, the treadmill at work never stops, and whether or not one can continue on it until retirement, is a question which only the Federal or Postal worker who is suffering from a medical condition, can ask and answer.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Template Approach

The Office of Personnel Management essentially renders both approvals and denials of a Federal Disability Retirement application with a “template” approach.  This is not surprising, but it is little noticed, and this is why:  For disabled Federal and Postal workers who file for Federal Disability Retirements benefits under FERS or CSRS, and who are not represented by a federal disability attorney, it is their “one-and-only” exposure to the Office of Personnel Management.

Thus, if an approval is received, that approval is the first and only time of having any correspondence from the Office of Personnel Management.  Similarly, if a denial is received, then that is the first exposure and contact from the Office of Personnel Management.  There would be no way of knowing whether or not the approval letter, or the denial letter, was or was not a “standard template”.  Certainly, in a denial letter from the Office of Personnel Management, there are references to submitted medical documents, or supervisor’s statement, or some other document which was part of the Federal Disability Retirement application; but the remainder of the denial letter is in “template form”. 

However, when an attorney represents a Federal or Postal worker and receives an initial denial letter, or a denial at the Reconsideration Stage, it is an obvious issue, because any attorney who specializes in Federal Disability Retirement law has viewed hundreds, if not thousands, of such letters.  Why is it important to recognize that the format is in “template” form?  For many reasons.  The type of template; from whom the template is received; the extent of the template; the issues presented in the format; these are all helpful for any experienced Federal Attorney who specializes in Federal Disability Retirement law, to successfully answer such formatted denials.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Approvals & Disapprovals

Approvals of Federal Disability Retirement applications under FERS & CSRS, for an attorney who specializes exclusively in that area of law, are self-evidently a professionally satisfying bit of news.  If the OPM Disability approval occurs at the initial stage of the Federal Disability Retirement process, all the better; it means that everything was properly prepared and executed. 

Disapprovals, of course, constitute a temporary setback.  It is a disappointment.  Professionally, it means that the Office of Personnel Management found something wanting; it may not be substantive; it may be as simple as the OPM Representative being in a bad mood on a given day. At the same time, it is a challenge for the Attorney — a time to redouble one’s efforts, discern what is needed to win at the Reconsideration Stage, and win the full confidence of the client.  Winning a case only lasts for the day of the win.  Every attorney worth his or her salt wants to win every case. 

Watching the Olympics during these couple of weeks, it is interesting to see how “winning” is an inherently human desire.  But as with everything in life, it is not just winning; it is how one wins.  Watching each athlete conduct him or herself, it is interesting to observe how there are “winners for the moment”, and “winners in a greater-context-of-life”.  This is not to even discuss the “losers” — or those who believed they should have gotten a gold medal, but instead had to “settle” for silver or bronze.  How one loses at anything in life —  a sporting event, a contest, competition, or a legal case — and how one responds to the “loss”, is what is important.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Applicant’s Statement & Essential Elements

When an applicant for FERS & CSRS Federal Disability Retirement benefits begins to craft his or her Applicant’s Statement of Disability, certain foundational questions must be considered before composing the historical, emotional, substantive and impact-descriptive narrative.  For instance, to the legal criteria, To be eligible for Federal Disability Retirement Benefits, one must show that one’s medical conditions prevent one from performing one or more of the essential elements of one’s job — the initial and most foundational question obviously is:  What are the “essential elements” of one’s job? 

Now, that may seem like a simple — even simplistic — question.  One needs only to look at the official position description and pick out the major factors of the position.  If only it were that easy.  For, there are many “implicit” essential elements which are not explicitly stated, and it is often those unspoken, “un – described” elements, which are directly impacted by one’s medical conditions and disabilities, which must be creatively woven into the narrative of one’s disability statement.  Always remember to take care of the “foundational” issues first; thereafter, the narrative can extrapolate from the major factors of the position description.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: Denial at the First Stage

I would like to state that none of my cases have ever been denied at the Initial Stage of filing for Federal Disability Retirement benefits; not only would such a statement be untrue; it would also be unbelievable.  And yes — even the cases that I file on behalf of my clients, get a similarly formatted denial:  a restatement of the criteria for eligibility for Federal Disability Retirement under FERS & CSRS; a discussion with an elaborate reference to doctor’s notes, dates of treatment, targeted extrapolations of statements by the doctors which are not only selectively chosen in a narrow manner to favor the decision of denial, but further, which are often taken out of context.  Some might wonder:  Doesn’t OPM have greater respect for Mr. McGill?  The answer is:  At the First Level, the representative from the Office of Personnel Management is merely making a decision on one of thousands of files, and a template is being used to process and get rid of cases.  However, one must always remember (as I try to remind everyone) that this is a “process”.  A denial at the First Stage of the process is merely part of the greater process.  It is not something to get annoyed at, or concerned about; it is a stage and a decision which must be dealt with, argued against, and rebutted in the proper, rational, legal manner. 

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability for Federal and Postal Employees: The Federal Disability Attorney

I often get calls from people who have filed for Federal Disability Retirement benefits, from people who are represented by an Attorney but who, for one reason or another, are not satisfied with the work that the attorney has performed.  It is not, in my opinion, proper for an attorney to criticize or judge the work of another attorney, because each attorney has his or her particular methodology in the practice of law.  The fact that another attorney’s methodology of practicing a specific area of law (in this case, Federal disability retirement law) may differ from mine is not a basis for me to criticize another attorney.  The mere fact that a disability retirement application, prepared and submitted by another attorney, is denied by the Office of Personnel Management, is not a basis for concluding that the application packet was prepared in less than a professional manner.  Indeed, if that were the case, I would be subject to the same type of criticism each time one of my client’s disability retirement application was denied at any given stage of the process.  Further, and more to the point, it is a waste of time to criticize the past; what another attorney did or failed to do is besides the point.  The focus needs to be:  What is necessary to move forward, compile additional supporting documentation, and help get the disability retirement packet approved at the next stage of the process.  As to whether or not an individual should switch attorneys mid-stream, that is not for me to say; as with everything in life, such determinations must be made based upon consideration of all of the facts and circumstances of the case, and the client must do what is in the best interest of his or her future.

Sincerely,

Robert R. McGill, Esquire

I often get calls from people who have filed for Federal Disability Retirement benefits, from people who are represented by an Attorney but who, for one reason or another, are not satisfied with the work that the attorney has performed.  It is not, in my opinion, proper for an attorney to criticize or judge the work of another attorney, because each attorney has his or her particular methodology in the practice of law.  

The fact that another attorney’s methodology of practicing a specific area of law (in this case, Federal disability retirement law) may differ from mine is not a basis for me to criticize another attorney.  The mere fact that a disability retirement application, prepared and submitted by another attorney, is denied by the Office of Personnel Management, is not a basis for concluding that the application packet was prepared in less than a professional manner.  Indeed, if that were the case, I would be subject to the same type of criticism each time one of my client’s disability retirement application was denied at any given stage of the process.  

Further, and more to the point, it is a waste of time to criticize the past; what another attorney did or failed to do is besides the point.  The focus needs to be:  What is necessary to move forward, compile additional supporting documentation, and help get the disability retirement packet approved at the next stage of the process.  As to whether or not an individual should switch attorneys mid-stream, that is not for me to say; as with everything in life, such determinations must be made based upon consideration of all of the facts and circumstances of the case, and the client must do what is in the best interest of his or her future.

Sincerely,

Robert R. McGill, Esquire