OPM Disability Retirement: Characterization of Administrative Actions

Administrative actions are a peculiar thing; from the perspective of the Agency, it will take on a certain meaning; from the view of the Federal or Postal employee, the context and underlying basis often has an explanation which is unspoken.  For purposes of how to address an administrative action in the context of a Federal Disability Retirement application, the issue often comes down to whether or not it is worthwhile to preemptively address the particular action.

Some administrative actions or sanctions can be viewed as reinforcing the medical argument in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, inasmuch as a removal based upon one’s inability to maintain a regular work schedule would tend to show that, if there are concurrent medical documentation which shows that a Federal or Postal employee was determined to be disabled during the time of one’s inability to work, then the argument obviously is that the basis for the removal merely shows that one is eligible and entitled to Federal Disability Retirement benefits.

Then, there are other agency allegations which may imply that a Federal or Postal employee’s separation from Federal service was primarily based upon a non-medical basis, and that filing for Federal Disability Retirement benefits was merely an afterthought to try and game the system.

Ultimately, whether a Federal or Postal employee wants to fight or contest an Agency action is a legal matter, and is often a separate issue from Federal Disability Retirement; sometimes, however, they intersect, and the characteristic of the impact of such intersection often depends upon how one explains it.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: Agency Pressures

Ultimately, the pressures which one’s Federal Agency places upon the Federal or Postal employee creates and manufactures a perspective that events have an urgency beyond the reality of the moment.  There is, further, a context of a build-up which is often lost; agencies view employees who have not been fully productive, in terms of “liabilities”, and begin to act and react accordingly.

From the employee’s viewpoint, actions initiated by the agency are often unfair, instigated without warning, and advanced with irrational promptness without regard to the particular situation of the Federal or Postal employee.  This is because much of the context which leads up to a decision is often kept in secret from the employee — internal discussions concerning the employee, etc.

A Federal or Postal employee who is contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, is often embroiled in the midst of an employment dilemma — whether the near-certain imposition of a Performance Improvement Plan (PIP), which is essentially setting up the employee for failure; or continuation of systematic workplace harassment; the pervasive nature of a hostile work environment; suspension or restriction of sick leave usage; and multiple other pressure points.

From the perspective of the agency, their stated goal is to further effectuate the “mission of the agency”.  From the perspective of the employee, it is nothing more than undue pressure and harassment, and leaving one with little or no choice but to file for Federal Disability Retirement benefits quickly, and immediately. But of course the Office of Personnel Management does not act in a quick or immediate manner, and so there is the problem of dealing with agency issues until the time of a decision.

That is all the more reason why it is important for the Federal and Postal employee to not wait until the last minute, and to begin to contemplate preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, with some time still ahead, both for planning and for handling potential agency issues.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Agency Actions & OPM

The argument in a Federal Disability Retirement application under FERS or CSRS goes as follows:  An Agency has determined that a Federal or Postal employee is medically unable to perform one or more of the essential elements of one’s job; that Federal or Postal employee cannot be accommodated; the case-law states that, at a minimum, the agency conclusions have a persuasive effect upon a Federal Disability Retirement application; ergo, the Office of Personnel Management should approve the Federal or Postal employee’s Federal Disability Retirement application under either FERS or CSRS.

The problem with such an argument, if relied upon exclusively, is threefold:  (1)  The statutory mandate as to which agency makes a determination upon a Federal Disability Retirement application under FERS or CSRS is misplaced, (2) The Agency, whether the Flight Surgeon at the FAA who determines that an Air Traffic Controller is medically unqualified to continue in his or her job, or the Postal Service who determines pursuant to the National Reassessment Process (NRP) that there is no longer a job available at the Postal Service, or any other agency which determines that no accommodations can be provided — has not applied all of the legal criteria under the laws and statutes governing Federal Disability Retirement applications, and (3) the focus from the perspective of the agency is a “second-tier” focus — of whether an accommodation can be provided to the Federal or Postal employee to see if the efficiency of the Agency can continue, as opposed to the “first-tier” issue of whether the Federal or Postal employee has a medical condition such that it satisfies all of the criteria for a Federal Disability Retirement application.  

As such, it is the focus of the respective agencies which differentiate the possibility of an agency action being merely persuasive, as opposed to determinative, in a Federal Disability Retirement applicationunder either FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Filing

If you believe that preparing, filing, and winning a Federal Disability Retirement case under FERS or CSRS is merely a matter of filling out forms, then don’t hire an attorney. Do it yourself.

On the other hand, if you believe that preparing a Federal Disability Retirement application involves:  gathering, reviewing, and compiling the proper and compelling medical evidence; of drafting and clearlly delineating & describing one’s medical conditions and their impact upon one’s job; of citing the proper legal authorities to provide the legal backing and forceful persuasion necessary; of being counseled in negotiating removal actions; of rebutting spurious arguments made by the Office of Personnel Management; of preparing the groundwork for subsequent appeals; of ultimately winning a case, as opposed to trying to squeak by with a hope and a prayer, then you might consider hiring an attorney.

Sincerely,

Robert R. McGill, Esquire