Federal Worker Disability Retirement: Proactive Development of a Case

The problem with medical conditions is that we tend to regard them passively, as recipients of service at a restaurant, or as victims of an automobile hit-and-run.  There is some limited truth to such a perspective; for, as medical conditions come upon us without notice or invitation, we are merely recipients of a condition of that which we never asked for nor desired. But once it becomes an existential fact, and one which becomes chronic and somewhat irreversible, then the subsequent methodology of what we do with the medical condition becomes the responsibility of the bearer of such bad news.

For Federal and Postal employees who suffer from a medical condition such that the medical condition(s) prevents one from performing one or more of the essential elements of one’s job, whether under FERS or CSRS, consideration must be given to filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management.

Passivity in life will only engender magnification of inactivity; and as one must affirmatively prove by a preponderance of the evidence one’s Federal Disability Retirement case, sitting idly by as one’s agency takes steps to increase the penalties of unsatisfactory performance via leave restrictions, a PIP, suspensions, or other adverse actions, including removal from Federal Service, is simply an ineffective way of formulating and developing one’s Federal Disability Retirement case.

Case development requires a proactive stance; inactivity will only feed upon the devastating medical condition already suffered.  Being a victim of a disease or injury once is bad enough; let not the occurrence be magnified by compounding the problem through inactivity and passivity.

Sincerely, Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: Misplaced Guilt & Apologetic Defeatism

There is, of course, such an animal as ‘misplaced guilt‘; it is in consequence of attributing to the wrong object of remorse a sense of honor or fidelity; and the resulting behavior of such inappropriate placement is often actions of an apologetic nature, self-defeating attitude, or an admixture of both.  Such a chemistry of discord can have subtle, unintended (or was it subconsciously intended?) and negative results for the Federal Employee or U.S. Postal Worker who is filing for Federal Disability Retirement with the U.S. Office of Personnel Management, whether under FERS or CSRS.

In life, it is often the simple and direct approach which prevails; those who are unaware of their surroundings and forge ahead without sensitivity to others, often accomplish much; and while unfortunate, it is those very people who act with empathetic restraint and in consideration for others, who often get left behind.  And so it is with filing a Federal Disability Retirement application with OPM —  that the person who hesitates and apologetically formulates one’s Statement of Disability (as responsive to Standard Form 3112A), will subconsciously desire a denial.

Statements of disability made with hesitancy; with a sense of apology or remorse; of guilt for even applying for the benefit; all such mind-sets manifest themselves in the narrative of one’s disability.  Yet, it is a misplaced guilt.

Federal Disability Retirement is a benefit which is part of the Federal employee’s compensation package, and it is there precisely to allow for the Federal or Postal employee to recuperate, acquire a certain standard of financial security, and perhaps provide an opportunity for a second chance at another productive vocation.  There is no room for misplaced guilt, and certainly no place for an apologetic defeatism in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management; for, in a flash, they will jump upon such an approach and take advantage of such misplaced vulnerabilities.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Denials

Denials received from the Office of Personnel Management are particularly difficult news to digest. It is not so much that the denial itself obviously represents “bad news” (that is difficult enough), but for the disability retirement applicant, it casts a long and foreboding shadow upon one’s financial and economic future. For, obviously, the income from the disability annuity is being relied upon; the applicant filed for Federal disability retirement benefits under FERS or CSRS based upon the assumption that it would be approved, and the future calculation of economic and financial stability was based upon the obvious assumption of an approval. Long-term plans are made based upon the assumption of approval. Further, it doesn’t help that the basis for the denial, as propounded by the Office of Personnel Management, is often confusing, self-contradictory, and without a rational basis. It is often as if the OPM representative just threw in a few names, referred to some doctor’s reports, and essentially denied it with a selective, almost pre-determined view towards denying the claim. This is unfortunate, because the Office of Personnel Management is under a mandate to make its decision based upon a careful and thorough review of the applicant’s supporting documention. However, when the denial is received, one must fight against the initial feelings of defeat and dismay; work is yet to be done, and a view towards the future must always be kept at the forefront. A time to give up is not now; it is time to fight onward, and to move forward.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Client

Waiting for the approval/disapproval, the determination, the decision,etc., when the Federal Disability Retirement packet is sitting on OPM’s desk, is a passive modality of existence.  Up to that point, however, it is often a good idea to be actively involved in the process.

Whether having an Federal Disability Attorney or not, it is good to “flag” interim dates, to keep on top of how long it has been since the initial letters have been sent out to the doctors, to call the doctors and (diplomatically) ask for a reasonable time-frame within which to have the medical narrative reports written; to ask whether or not a fee is required to prepare the narrative report, and if so, how much, and if prepayment will expedite the report.

Then, once it arrives at the Agency H.R. people (or, in the case of the Postal Worker, the H.R. Shared Services Center in Greensboro, North Carolina), it is a good idea to periodically call (about every two weeks) to see what stage in the process your application is at.  Thereafter, once it is forwarded to the finance office, then on to Boyers, PA, it is a matter of waiting for the CSA number to be assigned, and then the long, arduous wait.

Sincerely,

Robert R. McGill, Esquire
Federal Disability Lawyer