Disability Retirement for Federal and Postal Employees: The Diatribe

There may well be an appropriate time for a lengthy diatribe.  The act itself often finds its impetus in bitterness; it also implies a lack of control, overwhelmed by anger and originating in attribution by an act of injustice.  But where emotion controls rationality, the loss of sequential propriety normally results in a corresponding lack of coherence and comprehension.

For Federal and Postal Workers who are considering filing for Federal Disability Retirement benefits, whether the Federal or Postal Worker is under FERS or CSRS, the urge to right past wrongs is a compelling force which often erupts in a diatribe of sorts, within the content of a Federal Employee Disability Retirement claim. This is, unfortunately, a self-defeating proposition.

Yes, agency actions often comprise a compendium of injustices; yes, treatment of coworkers can be the basis of collateral actions; yes, discriminatory behavior may be a justifiable basis for filing EEO actions; but, no, weaving one’s frustration into the substance of a Federal Disability Retirement application is not the right path to take, for the simple reason that it is not the appropriate venue in which to vent.

Federal and Postal Workers who intend on filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, need to bifurcate the issues, and recognize the practical dualism in existence:  OPM is a separate Federal agency from the one employing the chronically ill or injured Federal Worker who intends to submit a Federal disability Retirement application (in most cases, unless of course the Federal employee works for OPM — and even then, the section which reviews the Federal Disability Retirement application is separate and distinct within the agency).

Context and appropriateness are invisible lines which need to be followed.  Diatribes may have their place in literature; it rarely serves a useful purpose in filing for CSRS or FERS Disability Retirement benefits through the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement Benefits for US Government Employees: The Narrative of Emotion

Often, when one has been embroiled in a prolonged battle with another person, an organization, agency, etc., the embattled state itself takes on a life of its own, and decisions which should be based upon a rational perspective, what is in one’s best interest, etc., are cast aside.  That is why divorce proceedings — ones which involve little children — are such traumatic events to witness.  But domestic relations litigation is not the only type of proceedings which tear at one’s soul.

Often, a Federal or Postal employee will be involved in countless years of procedural and administrative litigation — including EEO filings, formal grievances, lawsuits filed in Federal courts, etc. — which take their toll upon one’s family, one’s career, and one’s health.  Sometimes, the engagement of litigation becomes a way of life, and the daily turmoil constitutes the norm by which one lives.

When one’s health is impacted, however, the Federal or Postal Worker who considers filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, will sometimes allow for the years of battle to cloud one’s judgment.  While historical narratives concerning the background of one’s medical conditions may be somewhat appropriate in preparing and formulating one’s Federal Disability Retirement Applicant’s Statement of Disability, one should be cautious in filing a narrative of emotion — that exhaustive rant against a particular supervisor or coworker; against the agency; and against the world which has turned into an enemy of daily turmoil and emotional upheaval.

Focus upon the essence of a Federal Disability case.  It may be time to leave behind that prolonged state of embattlement, and find a quiet spot in the pasture of one’s future, and enjoy a day of peace by securing one’s future with a Federal Disability Retirement annuity.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: Different Approaches

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, there are different approaches which one can take within the limited universe of available time which each Federal and Postal Worker possesses.

One approach is to fight every wording and each action which the agency undertakes or engages in.  A different approach is to ensure that the core and central foundation of one’s case is effective and — whether explicitly or implicitly — answers any of the collateral issues which may be brought up by the agency.

Thus, for example, if a medical narrative report effectively addresses all of the essential questions concerning a Federal Disability Retirement application, then whatever the agency attempts to argue or infer in an argument, concerning accommodations, light duty, or even adverse actions which have previously been imposed, will all become essentially irrelevant and immaterial, precisely because this is fundamentally a medical issue, and not an issue concerning who did what or tried what.

Much of what is within the purview and control of the Federal or Postal employee putting together a Federal Disability Retirement application is lost when the focus is unduly placed upon trying to correct, attack, or explain what the agency is doing.

By creating an excellent firewall of that which is within one’s own control,  the Federal Disability Retirement application that is prepared, formulated and filed by the Federal or Postal employee effectively answers anything and everything which the Agency may attempt to insert with a subversive motive.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: The Disappointment of a Denial

A Denial Letter from the U.S. Office of Personnel Management quashes the Federal or Postal employee’s plans for the future, which includes an ability to secure a stream of income, to have the recuperative period in which to recover from a progressively deteriorating medical condition, and generally to be able to “move on” in life.  As all rejections have a negative impact upon a person — in terms of emotional, psychological as well as practical consequences — so a denial letter from OPM is seen as a rejection of a compendium of submitted proof concerning a Federal Disability Retirement application.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, one becomes completely and totally involved in the gathering, compiling and submission of the documentation, statements, narratives and records in order to “prove” that one is eligible for Federal Disability Retirement benefits.

Such totality of involvement often betrays an ability to remain objective in a case; for, by definition, self-involvement diminishes the ability of an individual to be able to step outside of one’s self, and to evaluate the effectiveness of an endeavor apart from the subjective perspective which everyone brings to bear upon a project, issue, work product, etc.  But objectivity is important, because an uninvolved, detached assessment of a Federal Disability Retirement application evaluates the viability of a Federal Disability Retirement packet without the concerns already indicated — those emotional, psychological and practical consequences which form a part of a person’s being.  That is why having an advocate or legal representation is an integral part of preparing, formulating and filing for Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: The Initial, Reactive Response

When a denial is received at the first stage of a Federal Disability Retirement application process, the initial, reactive response is often one of two avenues, both of which are the wrong paths to venture down:  either a Federal or Postal employee immediately writes an angry, emotional response or he/she gives up and decides that the statements made, the reasons given, etc., in the denial letter from the Office of Personnel Management are too powerful and overwhelming to overcome.  

Both responsive avenues constitute the wrong approach; neither responsive approach reflects the true state of the case.  

While there may be cases where the applicant has failed to make even a minimal attempt at meeting the burden of proof in a Federal Disability Retirement application, such a case is one in which the undersigned attorney has never encountered.  For, there is a presumption (a truthful one, I believe) that filing for Federal Disability Retirement benefits is never out of choice, but always out of necessity.  

Federal and Postal workers don’t file for Federal Disability Retirement benefits without good cause.  In a denial letter from the Office of Personnel Management, the statements made and the claims of rational discourse as to the reasons for the denial, do not mean that they are true.  Just because OPM says so, doesn’t make it true. Careful thought, reflection, and thoughtfulness of strategy in responding to an OPM denial is what is needed.  Do not react — at least, not initially.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for Federal & Postal Employees: Objectivity & Credibility

Whether justified or not, the conceptual interconnection between objectivity and credibility is inseparable.  This general rule is no different in filing a Federal Disability Retirement application under FERS or CSRS.  The appearance of objectivity naturally lends itself to credibility of an application.  If too much emotional fervor is infused into an application, the credibility of the application is immediately undermined.  Now, because any discussion concerning a medical condition, the impact of a particular medical condition upon one’s ability or inability to perform one or more of the essential elements of a job; impact upon one’s personal life, etc., inherently and necessarily encapsulates an emotional perspective, does this mean that most — if not all — disability retirement applications are somewhat undermined at the outset?  No, of course not.  The characterization of the application; the tone, tenor and approach, are all conveyed in the narrative of the application.  This is precisely why it is often dangerous for applicant to be one and the same as the person who prepares the Federal Disability Retirement application.  The subjective cannot become the objective without great effort; and few are able to expend the proper effort to effectuate the balanced tone of objectivity.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Continuing Patience

It is difficult to be patient.  The Office of Personnel Management, in reviewing and evaluating each case, takes its time.  One can attempt to “read into” each day, as to whether the longer wait is more beneficial than a decision which is to be made in short order.  Calling to check on the “status” of the case can have a negative effect upon a decision, although it is not “supposed to” do so. 

Often, the response by OPM’s representative is that a decision will be made “this week” or “next week” or “by the end of the month”.  Time passes, and there is no decision.  These past couple of weeks, OPM has sent out many decisions that were long-in-waiting.  When the decision is a favorable one, then of course the burden of the wait is suddenly lifted.  When the decision is a denial, then the response is often one of anger, disbelief or discouragement.  Once the emotions are set aside, then one must accept the reality of further waiting.  Yes, patience is a virtue, and Federal and Postal employees must be the virtuous of all people.  But those are empty, vacuous and meaningless words when one must wait to see what the future holds. 

Sincerely,

Robert R. McGill, Esquire

Federal & Postal Service Disability Retirement: The Workplace

When a Federal or Postal employee is considering filing for Federal Disability retirement benefits under FERS or CSRS, there are many and varying conflicting responses, wrapped and bundled in emotional turmoil, reactionary and concerned viewpoints, etc.  Stories of a “hostile work environment”, of discriminatory actions, harassing supervisors, etc., are often part of the “narrative” of a person considering filing for Federal Disability Retirement. 

One must be careful, however, that when the affirmative decision to file for disability retirement is made, that only those relevant aspects of the narrative be included in the final disability retirement packet.  Things which do not provide a compelling basis for proving, by a preponderance of the evidence, the necessary criteria for meeting the legal standard to be approved for Federal Disability Retirement benefits under FERS or CSRS or, just as importantly, things which will harm a disability retirement application– they should be left out of the final narrative. 

Such issues surrounding a “hostile work environment” or a harassing supervisor — such perspectives or narrative formulations which come close to the dangerous precipice of showing that one’s medical disability is merely a “situational” disability (those medical conditions which are specifically confined to a specific situation in a specific agency’s office environment) — should certainly be left out of the final narrative.  This brings up a further point, which I have touched upon many times in the past:  a person without an attorney to formulate the narrative in filing for Federal Disability Retirement benefits is often too close to his or her own case, and cannot objectively present the proper narrative to the Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

Federal & Postal Service Disability Retirement: Personal v. Objective

Filing for Federal Disability Retirement benefits is a personal matter.  It is personal precisely because it is considered as an admission of a disability; it goes to the heart of what a person does in life — one’s livelihood, one’s means of support; and it goes to the perception in our society of the “worth” of an individual — financial worth, productive worth, worth in terms of the ability to support a family, and worth in terms of one’s contribution to society.  Because it is so personal, it is difficult to “objectively” assess and evaluate a disability retirement claim, by the individual who is thinking about filing for such a benefit. 

That is often why it is important to have an attorney represent an individual who is considering filing for Federal Disability Retirement benefits.  Often, when I am hired at the second or third Stage of the process, I read the initial submissions of the client, and find that the “personal” has indeed overtaken the “objective”, precisely because the very subject of the disability retirement process — the applicant — had to undertake the very personal process himself/herself.  Such personal subjectivity cannot see beyond the very personal nature of the medical condition, and when that happens, it is almost too personal for the OPM representative to make an objective assessment of the case.

Sincerely,

Robert R. McGill, Esquire