Postal and Federal Disability Retirement: Thoughtless Agency Actions

The term, “oxymoron” comes from the Greek, meaning “sharp dull” — a phrase or concept which embraces two or more contradictory terms.  When was the last time that the combination of terms, “thoughtful” and “agency” made any sense?  

Thus, it is a waste of one’s time to rant and get upset over an agency’s actions because of bad timing (i.e., to propose a removal during the holidays; to initiate a PIP on the day before Thanksgiving; to suspend a person without pay on a Federal employee’s birthday; and other such coinciding thoughtless encounters).  It is fine to be upset for a moment because of the thoughtless actions of an agency; to continue to heave insults and focus upon the thoughtlessness, however, is a waste of one’s time, and ultimately misunderstands the role, intent and goal of an Agency.  

The reason why “thoughtless” and “Agency” do not ultimately and technically comprise an oxymoron, is because inherent in the very definition of the entity identified as a Federal Agency or the U.S. Postal Service, is the idea that it is indeed a Hobbsian Leviathan which a singular purpose of “doing” something, whatever that “something” is.  

In the administrative process of preparing, formulating and filing for Federal Disability Retirement benefits from the Office of Personnel Management, one should expect that one’s Agency, or the U.S. Postal Service, will engage in multiple thoughtless actions.  That is the innate nature of a Federal agency, or the U.S. Postal Service.  And, inasmuch as Federal Disability Retirement involves medical conditions, a sense that “empathy” and “sympathy” are called for — of a person’s career coming to an end; of an often progressively deteriorating medical condition, etc. — one would think that the agency would consider putting some thought into their actions.  But that would be asking too much.  

Federal Disability Retirement is an option which the agency sees as merely a problematic solution that needs to be dispensed with — yes, an oxymoron, but a truth, nonetheless.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: The Doctor's Opinion

As an attorney who represents Federal and Postal employees to “obtain” Federal Disability Retirement benefits, it is important to make distinctions within the process of securing the Federal benefit:  while it is important to solicit and secure the medical opinion of the treating doctor, the resistance from such doctors — if in fact there is any resistance at all — most often comes about because the doctor doesn’t understand the “process”. 

Doctors are medical providers.  They are in the practice of medicine because they believe in applying the science of medicine to help their patients get better.  Helping someone obtain Federal Disability Retirement benefits under FERS or CSRS is not part of “practicing medicine”.  Yet, in many ways, it is.  It is part of practicing medicine because, to allow the patient to continue to work in a job which he or she cannot perform, will only exacerbate and worsen the medical condition. 

Further, doctors never like to “disable” their patients.  To counter this medical opinion, it is important to clearly inform the doctor what the process of Federal disability retirement is and is not.  It is the job of the attorney hired to represent a Federal or Postal worker to obtain disability retirement benefits, to clearly and cogently explain the entire process to the treating doctor.  That is what I do, at the very start, in representing my clients.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Last Minute Filing

Too often, I receive calls from Federal and Postal employees (or rather, formerly thereof) who have waited until the very last conceivable moment to file for Federal Disability Retirement benefits under FERS & CSRS.  Yes, I realize that time erodes away slowly, almost imperceptibly, and all of a sudden it is an emergency.  Can a case be put together within a couple of weeks?  Yes.  Is it best to wait until the very last minute?  No.  Remember that all Federal and Postal employees only have up until one (1) year from being separated from Federal Service, to file for Federal Disability Retirement benefits.  But life happens; time slips away; what was once 6 months is now only 30 days, or perhaps 2 weeks. 

I may have told this story before, but here goes:  On the desk of a civil clerk in a local County Courthouse, is a sign which reads:  “The fact that you procrastinated does not make your filing my emergency”.  That is essentially true; however, whenever I get calls by panicked individuals who have failed to use the 1-year Statute of Limitations wisely, in most cases, I have been able to properly put the case together, and file it on an emergency basis.  In such circumstances, adaptation is the key:  some things need to be filed later, but the essential forms to meet the deadline must be immediately filed.  There are very few true emergencies in life, and most cases can meet the deadline — no matter how much the Federal or Postal Employee has procrastinated.  However, it is better not to wait until tomorrow, that which can be done today. 

Sincerely,

Robert R. McGill, Esquire