Medical Retirement for Federal Workers: The Ecstasy of Approval

Winning, of course, cures all ills; it is the pinnacle of a goal-oriented aim of any endeavor — to prevail, to obtain the intended effect, to accomplish the very goal which one has set out to do, etc.  In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the goal is to obtain an approval from OPM.

An approval, however, has many consequences, and often in very short order — separation from Federal service; a sudden cut in pay (if one has continued to work during the administrative process; of course, the opposite may be true if one has been on LWOP or has already been separated from Federal Service); a drastic change in daily routine, etc.

Thus, part of the process during the patient time of waiting (I will restate the syllogistic quip which I have repeatedly invoked:  Patience is a virtue; Federal and Postal employees who file for Federal Disability Retirement must be the most patient of individuals; ergo, Federal and Postal employees are the most virtuous of people) is for the Federal and Postal employee (or ex-employee, as the case may be) to prepare for the eventuality of the achieved goal, both physically (perhaps a move is contemplated because of the reduced circumstances?) and psychologically (the sudden alteration in work, economic changes, etc.).  The ecstatic response of Federal and Postal employees in being informed of an approval from the Office of Personnel Management is indeed gratifying; but it is the days, weeks and months that follow, which tests the preparatory mindset of the Federal or Postal Employee.

In psychology, there is that special Gestalt experience; but it is often the period that follows which constitutes the more important phase of psychological awakening.  Similarly, while the “win” in a Federal Disability Retirement application is indeed the intended goal, one must always remember that there is an afterlife to live, and how one prepares for that, is all the more important.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: OPM May Say So, But… (Part 2)

Then, of course, there are the multiple “other” issues which the Office of Personnel Management “says so”, such as failure to pay the full amount of back-pay due; failure to compute the average of the highest-3 consecutive years correctly; reinstating the full amount of FERS once a person becomes no longer eligible for Social Security Disability benefits; arbitrarily and capriciously deciding that the medical report is not “good enough” in answering a post-disability approved, Medical Questionnaire; failing to compute the earned income in any given year properly, and thereby informing the disability retirement annuitant that he or she earned over the 80% limit of what the former federal employee’s former job currently pays; and a host of other issues.  My specialty is in obtaining disability retirement benefits for my clients; I only selectively get involved in post-disability annuity issues, but the point here is that the Office of Personnel Management has a track-record of being in error, in multiple ways, on multiple issues, in volumes of cases. 

It is thus important to recognize that the Office of Personnel Management is not an infallible agency.  Far, far from it, they are merely made up of people who are subject to error, but often stubbornly so — unless you counter their denial in an aggressive, but calm and rational manner.  If a denial comes your way, do not get distressed; prepare your case well, and lay out the groundwork necessary to win.

Sincerely,

Robert R. McGill, Esquire