Federal Employee Medical Retirement: Collateral Work Issues

There is often, and inevitably (it would appear), collateral work issues which appear in parallel form, along with the impact of a medical condition upon a Federal or Postal worker.  Such issues can take multiple and varied forms — from actions on the part of the Federal or Postal employee which impact upon the performance of the job itself; to behavioral issues at work; to issues concerning actions by the Federal or Postal employee outside of the workplace, but which leads to legal issues which are brought to the attention of the agency.  Whether such collateral issues directly influence or have a peripheral reverberation upon a Federal Disability Retirement application is anyone’s guess.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, however, it is best to assume that (A) the Office of Personnel Management will know, or will somehow find out, about the collateral issues, via being informed by the agency or through some non-pertinent document which mentions or otherwise touches upon the issue, and (B) that OPM will use it as a basis for an argument that there was an underlying motive for filing for Federal Disability Retirement benefits, aside from the medical issue itself.

There are ways to counter such selective attempts by OPM to use a collateral issue to defeat a Federal Disability Retirement application, and it is best to have both a paper-trail as well as a clear time-line of events, to show that the collateral issue existed in a parallel, but separate, universe than the central issue of one’s medical condition.  OPM searches to defeat; it is the job of the Federal or Postal employee to rebut the search, and to destroy the effort in order to force the issue, and obtain an approval from the Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Impact of Collateral Problems & Advice

The problem with not being guided in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, is that there are multiple collateral, and often unexpected, issues which come up in the course of preparing and filing for the eventuality, which may or may not impact the central issue of Federal Disability Retirement.

Whether a particular agency’s offer of an given action impacting one’s job can be used by the Office of Personnel Management in denying a Federal Disability Retirement application; whether a particular issue is relevant, significant, or of sufficient applicability to warrant immediate attention or a response, can only be determined by having a handle on the larger context of issues.

Much of disability retirement law and the issues which appear to intersect with the legal criteria for eligibility, are discretionary in nature; some have no impact at all; still others, have sufficient impact and possible reverberations such that they should be addressed in a legally appropriate and sufficient manner.  But the greater issue is whether the Federal or Postal employee should simply operate in the dark and hope that such seemingly collateral issues will not come back to haunt one at a later time.  That is the bliss of ignorance; unfortunately, that which one does not know, can indeed come back to hurt one.

Sincerely,

Robert R. McGill, Esquire