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 Federal 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