Tag Archives: how do I know if it’s time to file for opm disability?

Federal Disability Retirement: Those Welcome Distractions

Filing for a Federal Disability Retirement through the U.S. Office of Personnel Management is a step which admits of a stark reality:  One’s medical condition has come to a point of irreversible deterioration, such that the impact upon one’s ability to continue in one’s chosen career now manifests itself to a degree which can no longer be concealed.

Interludes of distractions in life — whether a holiday, a period of inclement weather; perhaps a child’s sports event; or even watching the Olympics on television with one’s family; all such distractions allowed for needed interruptions and delays in facing the harsh reality of one’s situation, and each such delay allowed for procrastination and avoidance of the issues.  But at some point, the decision has to be made, and when one runs out of such welcome distractions, the pragmatic steps in order to successfully file for Federal Disability Retirement benefits must be systematically considered.

How and when to approach one’s treating doctor to garner the necessary support; the timing of informing one’s agency; a careful study of the factual and legal criteria necessary to qualify for Federal Disability Retirement benefits, whether under FERS or CSRS; obtaining legal advice, guidance and representation; the time involved; the costs involved; making the adjustments for one’s future, etc.

Life’s distractions are small pockets of delights; but when the distractions detract from making important decisions, it is time to reconsider the prioritization matrix upon which one’s foundation is built.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Recognition of Time

Time is a factor in all of our lives; we are conditioned to it; we respond to the constraints, and procrastinate because of its allowance.  Both time and timing may be factors in preparing, formulating and filing for Federal Disability Retirement benefits, whether under FERS or CSRS, through the U.S. Office of Personnel Management.

For the Federal or Postal worker who is contemplating filing for Federal Disability Retirement benefits, the fact that it is the “end of the year” should not be the motivating factor, nor that in a week or so it will be the “beginning of a New Year”.  Rather, the issue of time and timing should be governed by the extent and severity of one’s medical condition, and its impact upon one’s inability to perform the essential elements of one’s job.

As recognition and utilization of time is always an indicator of proper planning, so it is with the Federal and Postal Worker who must prepare, formulate and file for Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Excuses

Language is the vehicle by which self-justification is established.  Think about it; if we assume that there is a conceptual void in the mind of other animals, that the consciousness of a squirrel, a raccoon, an owl, etc., is devoid of language as we employ it, then how can procrastination or delay occur?  It is precisely language and the tools of conceptual constructs which provide for an “excuse” for response to a stimuli, and allows for human action to be prevented.

The will to act or refrain from acting is often considered the hallmark of higher intelligence; but intelligence itself can be a detrimental quality, allowing for self-destructive actions resulting from a string of illogical but persuasive reasonings.  Where lack of intelligence provides for the immediacy of response to a presented encounter, so the presence of it in elevated forms will allow for justifying delays to such responses, even if it means a magnified danger to one’s own survival.

Excuses and self-justifying declarative sentences allow us to maintain a false sense of security by providing foundations for continuing on a path of self-destruction.  That is precisely why the Federal and Postal employee who suffers from a progressively deteriorating medical condition can maintain a semblance of normalcy despite physical and cognitive indicators to the contrary, sometimes for months, and even for years.  But pain and cognitive dysfunctions have a funny way of reminding the body and mind of danger signals.  Brain synapses communicate the growing danger, and they continue to alert until the time comes when no more linguistic justifications will maintain that false sense of security.

When that time comes, the Federal or Postal worker must consider the option of filing for Federal Disability Retirement benefits, whether under FERS or CSRS, through the U.S. Office of Personnel Management.

There is always time for being excused, and sometimes it is well-justified; then, there are other times when the exhaustion of excuses comes to a crisis point, and one must consider a different path.  That “different” path is the need to have a restorative period of recuperation in order to attend to one’s impending medical condition.  Federal Disability Retirement, under FERS or CSRS, is just that allowance for recuperation, and is a path of difference for many Federal and Postal employees.

There are excusable considerations, which last for a time; but time is a linear movement of bodies, and on the universal scale of progression, there comes a point when both time and excuses run out their course of self-justifying efficacy.

Sincerely,

Robert R. McGill, Esquire

 

CSRS & FERS Medical Disability Retirement: Tying Together the Loose Strands

When a medical condition impacts a Federal or Postal employee, whether under FERS or CSRS, and prevents him or her from performing one or more of the essential elements of one’s job, the process of preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management begins.  

One may conceptually distinguish between a “formal” beginning of the process, as opposed to an informal or “real-time” beginning; but in any event, from a retrospective vantage point, it is clear that the “beginning” occurred at that point when the coalescence of medical-to-job impact manifested itself and it became obvious that the Federal or Postal employee could no longer continue in the same fashion as before.  

During this initial part of the process, when the Federal or Postal employee is simply struggling to survive — by going to medical appointments; attempting to continue to work; trying to ignore the reality of the medical condition by striving to perform all of the essential elements of one’s job as before; attempting to maintain the same balance of work-to-personal life, etc. — there is rarely a coordination of efforts, and the disparate strands of life’s compartments never come together in any comprehensible manner.  

But at the “formal” point of preparing and formulating a Federal Disability Retirement application, it is important to engage in the “tying” together of the disparate strands of life — if only to package a cogent and coherent presentation of one’s Federal Disability Retirement application to the U.S. Office of Personnel Management.  

Life may be a series of messes; a successful Federal Disability Retirement application, however, should be a serious compilation of proof, evidence, argumentation and logical structure.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: The Knowledge of Others

It is often the spouse, or even the unnamed friend, who comes to recognize the need — even before the Federal or Postal employee.  Whether because of the distance between the person and the medical condition, or out of pure empathy, the “other person” knows that it is time to file for FERS Disability Retirement.  When that knowledge is conveyed to the person who actually suffers from the medical condition itself, then it is beyond the point of filing; it is, indeed, time to file.

In preparing, formulating, and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the truth of the matter is that shirkers are rare, and a premature filing of a Federal Disability Retirement application is rarer still.

Federal and Postal employees who file for Federal Disability Retirement benefits wait until the point at which self-destructive continuation has already passed.  In fact, in many cases, the applicant’s own treating doctor has already repeatedly advised to “change jobs”, “switch careers”, “do something else in life before you really damage yourself“, etc.

That is why there is a (rightful) sense of injustice and unfairness when the agency itself is taken aback, and acts as if there is some nefarious motivation underlying the filing of the Federal Disability Retirement application.  However, what is important, as in all matters of importance, is the self-knowledge that it is indeed time, and those who question one’s motive know not what one’s family, friends, and caring “others” have already determined.

Sincerely,

Robert R. McGill
OPM Disability Attorney

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

Medical Retirement Benefits for Federal & Postal Employees: Time to File

When should I file?  This is a question which is asked often; it is a telling, revealing question, because it is often a rhetorical question.  It is as if the question begs to be answered with an unequivocal, “You must file now”. 

Aside from the time it takes, which is generally between 6 – 8 months from the time the entire process begins until the time the Office of Personnel Management approves an OPM Disability Retirement application at the First Stage of the process (and certainly this general time-frame needs to be taken into account because of financial circumstances, accrued sick and annual leave which may be used, and multiple other factors for consideration), the Federal or Postal worker who is contemplating when to file an application for Federal Disability Retirement benefits generally knows the answer to the question

As a general rule, if one asks the question, then the answer is already known.  If one is expecting a PIP, comes home each day dreading and exhausted, living with the anxiety that the Agency is waiting for an excuse to get rid of the employee; if each night and weekends are spent just recuperating in order to make it into the office for another day, then to ask the question, “When should I file?” becomes merely a tautology.  To arrive at that point is to make it into an emergency; it is better to project into the future; as a football coach once said, “The future is now.”

Sincerely,

Robert R. McGill, Esquire