Disability Retirement for Federal Government Employees: Magnification of a Reputation

The person whose reputation precedes him/her has the disadvantage of having one’s actions immediately placed into categories defined by the perspective of prior judgments.  And so it is with Federal and Postal employees who begin to exhibit chronic medical conditions which impact one’s ability/inability to perform one or more of the essential elements of one’s job.

The Federal or Postal employee who begins to use up sick leave; who is viewed as doing less than his or her coworkers; who has taken LWOP and invoked the protection of FMLA; the reputation itself becomes magnified, to the extent that nothing which one does, accomplishes, or sets out to do is judged on its own merits; rather, it is within the perspective of, “Well, you know how it is with that person…”

Many a career path have been ruined because of the inability or unwillingness of an organization, an agency or a department to allow for a recuperative period of rehabilitation for a worker who suffers from a medical condition.  Medical conditions have an insidious way of not only debilitating a person physically and mentally; moreover, it infects the very environment of the workplace with gossip and malicious suspicions of motives and intentions.

Federal Disability Retirement is an option available for Federal and Postal employees who suffer from a medical condition such that the condition prevents one from performing one or more of the essential elements of one’s job, and further, if the condition will last a minimum of 12 months.  The chronicity of the condition is often more than physical or mental; it may well have extended into the nefarious universe of workplace hostility, and such an infection can only be cured by the extraction of the Federal or Postal worker from the workplace itself.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: SF 3112B

It is amazing how a Supervisor’s Statement is completed.  Normally, it is completed without much thought; sometimes, it is completed with too much thought (and self-protective, CYA language concerning how much effort the agency attempted in “accommodating” the employee, when in fact little or no effort was made); more often than not, there is a last, parting shot at the employee — some unnecessary “dig” which often contradicts other portions of the statement; and, finally, every now and then, the Supervisor’s Statement is completed in the proper manner, with forethought and truthfulness. 

Fortunately, the Office of Personnel Management rarely puts much weight on a Supervisor’s Statement in making a determination on a Federal Disability Retirement application under FERS or CSRS — unless there is some glaring statement of a deliberate attempt to undermine the Application.  This is rare, because it is a medical disability retirement, not a Supervisor’s disability retirement — meaning, that it is the medical opinion, not the opinion of a Supervisor, which is (and should be) most important.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: Return from Thanksgiving

Thanksgiving was a time of quiet reflection; of family, friends and faith; of taking a slice of quietude and having conversations, about the past, present; and somewhat about the future.  I realize that those who need legal assistance in filing for Federal Disability Retirement benefits under FERS or CSRS have important and weighty issues on their minds — of medical conditions which will not go away; of financial obligations; of Supervisors who are unsympathetic; of Agencies which will not or cannot accommodate; of impending personal improvement plans; of upcoming projects or workloads which may not be completed; of uncooperative agencies and downright mean coworkers; and the stresses of thinking about filing for federal disability retirement benefits under FERS or CSRS, and the future and what it holds.  With Christmas and the “holidays” around the corner, it is often a time of greater stressors.  Remember that one avenue of relieving stress is to become informed.  Read up on what is out there, and ask questions.  The answers provided may be able to set aside some of the stressors.

Sincerely,

Robert R. McGill, Esquire