Tag Archives: injured federal employees: pursuing your self-interest of yourself or your agency

Early Retirement for Disabled Federal Workers: Interests

There is self-interest; then, the interest of the third party; or perhaps on behalf of the interests of you, the second person.  Whatever the interests involved, for some odd reason, it is the “self-interested party” that raises an ire of suspicion, a pause devolving with a wrinkled eyebrow, a frown or a furtive look of concern.

Thus, of the old adage that a person who represents his or her own interests may be deemed a fool —but not because of any fervency of advocacy, or even a question of competence, necessarily; rather, it is because of the loss of objectivity that is perpetrated by failing to be able to step back and review one’s circumstances with disinterested dispassion.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal employee from performing one or more of the basic elements of one’s Federal job, the concern about whose interests are being looked after, and whether or not what you are doing is in the “best interests” of the client involved — you — should always be one of concern.

You may well be the best person who looks after your own interests — for, surely the one who has the most to gain or lose is the one who will look after those interests.  However, the reason why representing one’s self in a Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often an unwise move, is because the loss of objectivity cannot always be overcome by the medical evidence presented to the U.S. Office of Personnel Management.

It may well be appropriate to write an impassioned letter in declaring one’s love for someone; or even a heartfelt declaration using many adjectives and adverbs in conveying condolences or an apology; but when one is beset with a medical condition and is trying simultaneously to manage one’s medical conditions while describing it for purposes of trying to obtain OPM Disability Retirement benefits — it may be too difficult to unravel the double helix of self-interested entanglement in order to attain a needed level of objectivity in the matter.

That is why interests self-directed, especially when pursuing a Federal Disability Retirement annuity, would best be left in the capable hands of an attorney who specializes in preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with OPM.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Workers: The Loyal Mascot

Mascots are loyal by definition.  As they symbolize the team, organization, group or particular population as a representative spokesperson, any conduct of disloyalty would be considered anathema to the entity.  The converse concept, of course, is rarely investigated, but should also “by definition” be true: the organization or entity should remain loyal to the mascot through whom the representative reputation is upheld.  However, when the symbol of the mascot no longer serves the purposes of the entity, the appearance may be altered; a wholesale exchange for another symbol may be entertained; or perhaps the very need for the mascot may be scrapped.

For the Federal or Postal Worker who has sacrificed a good part of his or her life to the advancement of “the mission” of the agency, the feeling of being a mascot is often an effervescent quality.  Missions and causes are meant to be motivational focal points; a foundational rationale greater than one’s own lifetime of incrementally monotonous trivialities will provide a sense of purpose and destiny.

Such effervescence of feelings, however, can suddenly end, when an intersection of one’s destiny is interrupted by a medical condition.  For, it is precisely the harshness of a medical condition which suddenly awakens the soul, and contrasts those things once thought to be important, against the being-ness of mortality.  For Federal and Postal Workers who suffer from a medical condition, where the medical condition suddenly impedes the Federal or Postal Worker’s ability and capacity to further “the mission” of the agency, contemplation in filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS, should always remain a viable option.

It is unfortunately a time when being the mascot for the agency may need to end.  The failure of effectiveness may result in the agency taking steps to terminate “the mascot”; but before that occurs, it may be better to take hold of the reigns of destiny, and begin the process of securing one’s future without regard to what the agency may or may not do.  Loyalty is supposed to be a bilateral venue of concerns, but is almost always to the benefit of the larger organization at the expense of the individual.

Filing for Federal Disability Retirement benefits allows for the Federal or Postal Worker to consider the future and to leave the days of symbolism behind.  As medical conditions awaken the prioritization of life’s elements, so filing for Federal Disability Retirement is often the first step in recognizing that the days of the mascot may be over, and to come out from behind the symbolism to step into the fresh air of life.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: Agency Self-Interest

Self-interest is an interesting characteristic to observe — one which everyone possesses, but only the obtuse deny.  In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, be aware that the Agency has its own self-interest.

If the stated interest is couched in terms of the Federal or Postal employee’s “best interests”, it is good to be suspicious, or at least modestly cautious in embracing such a claim.  Such wariness in accepting the stated claim of one’s agency is obviously not a warning which most Federal or Postal employees would receive with any surprise; you have been Federal or Postal employees for many years, and those initial years of idealism and youthful enthusiasm have already been stamped out of you (let not the cynicism of this writer dampen the ardor of youth).

If one follows the advice of the Agency blindly, ask yourself the following question:  If you receive a denial at the First Stage of the process, will the agency respond in a helpful manner, or will they say:  It is not our responsibility — it is the Office of Personnel Management which makes the decision?  Is it a common experience that agencies defer responsibility when something goes wrong?

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The Interests of Each

In assessing and evaluating friends, adversaries or neutral parties, it is important to analyze the self-interest of each, to understand the differing perspectives of the people involved, then to arrive at conclusions concerning the benefits received in the interaction of the process.  

In preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS from the Office of Personnel Management, the parties involved include:  The individual CSRS or FERS Federal or Postal employee who is contemplating initiating and filing for Federal Disability Retirement benefits; the Agency (including coworkers, Supervisors, Managers, etc.) for whom the Federal or Postal worker is employed by; the Human Resources Department of the Agency (which is a separate and distinct entity from the “Agency” for whom the Federal or Postal worker is employed by, precisely because (A) they are often a separate section of the agency and (B) the personnel employees have had no day-to-day contact, for the most part, with the employee but (C) whether the Human Resources Department is “management-friendly” or “employee-driven”, may color the perspective of where their alliances and loyalties lean); the U.S. Office of Personnel Management; the Attorney or Representative of the Federal or Postal employee assisting in the preparation, formulation and filing of a Federal Disability Retirement application.  

Obviously, the first and the last (the potential Federal or Postal employee applicant for Federal Disability Retirement benefits) and his or her attorney, should have a contiguous perspective:  to look out for the best interests of the Federal or Postal employee who is filing for Federal Disability Retirement benefits under FERS or CSRS.  The “others” — no matter how friendly, by all appearances “helpful”, and no matter how much assistance is provided —  have their own self-interests to protect, preserve and advance.  Keep the different perspectives in mind.  Better yet, understand that self-interest is the primary motivating factor of Agencies — and act in the interest of one’s own advancement accordingly.

Sincerely,

Robert R. McGill, Esquire

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Early Retirement for Disabled Federal Workers: Agency Pressures

Agencies have an inherent, built-in mechanism to pressure the Federal or Postal employee to quickly file for Federal Disability Retirement benefits from the Office of Personnel Management, and indeed, often the Human Resources Department will pressure the Federal employee to prepare, formulate and file the application for Federal Disability Retirement benefits in an expedited manner.  

This can be both a positive thing, as well as contain some negative consequences.  Ultimately, the self-interest of the Agency is in vacating the position presently being held by a non-productive (or so it is viewed and thought) dead-weight, in order to have it filled by someone else for the efficiency of the service.  

This is not to say that there are not some compassionate, empathetic H.R. Personnel, or Supervisors or others in the Agency who are attempting to “fast-track” a Federal Disability Retirement application in order to look out for the best interests of the Federal or Postal Employee.  There are some good people.  But the balance of alternatives must always be weighed between filing something quickly, and doing it properly and thoroughly.  

Pressure from the agency should not be the primary basis of one’s response; obtaining the proper medical documentation, the doctor’s reports, and carefully preparing the Applicant’s Statement of Disability in order to increase the chances of success at the Initial Stage of the Application for Federal Disability Retirement with the Office of Personnel Management, should always be the paramount and first order of consideration.  

Each entity has a self-interest; making sure that one’s own self-interest is properly looked after, is the first order of business in preparing, formulating and filing a Federal Disability Retirement application under either FERS or CSRS, from the Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire