Federal Employee Medical Retirement: Lives of Trepidation

Most of us live lives of subtle trepidation.  Whether borne of childhood experiences of insecurity or fears, psychologists and mental health professionals can perhaps shed some light upon a theory or proposed paradigm of explanatory adequacy.

In adulthood, it turns to reticence and self-limitations, where avenues are deliberately avoided and potentialities remain consciously unfulfilled.  It is all well and good for others to declare such pithy catchphrases, such as, “There is nothing to fear but fear itself,” and other such banners and choruses intended to lift up one’s spirits; but the reality of the harsh world around us more often than not confirms, magnifies and reinforces the very fears and anxieties which limited us in the first place.

Thus does one begin life with inborn fears, and stumbles about and experiences confirmations by the harsh reality which we encounter on a daily basis.

Medical conditions, whether physical or psychiatric, tend to magnify and delimit those subtle trepidations.  For the Federal and Postal Worker who finds him/herself with a medical condition which impacts one’s ability and capacity to perform the essential elements of one’s job, Federal Disability Retirement benefits, filed through the U.S. Office of Personnel Management, whether under FERS or CSRS, may be the best option and choice to take.

It is perhaps one avenue where a benefit does not confirm one’s subtle trepidations of life, but rather, counters it by allowing for a modicum of security, while pursuing another vocation, and concurrently allowing for that rehabilitative period of quietude in order to recover from one’s medical conditions.

It is well that such a benefit exists for the Federal and Postal employee; for, as a subset of the greater society which has no such availability to the benefit provided by Federal Disability Retirement, the “rest of us” must trudge along with those subtle trepidations and make our way in this harsh reality of our own making.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: Added Stresses

It is a long, bureaucratic process.  Such is the state of preparing, formulating and filing for Federal Disability Retirement benefits with the Office of Personnel Management.  The funny thing about stress is that we all recognize that we are the “gatekeepers” of stress, to a great extent.  Unless a catastrophic external force is about to immediately impact our lives, the majority of stressful issues invade the essence of our conscious world only when we allow it in, and to that extent, the old adage of “ignorance is bliss” is a simplistic, but profoundly uncomplicated truism.  

Federal and Postal workers who are constantly being criticized and bombarded with the stresses of completing their daily positional duties, and now under greater stress because of the economic and political megaphonic voices shouting about the excesses of benefits for Federal and Postal employees; that, combined with the daily criticism that Federal and Postal employees constitute waste, fraud and overcompensation; that they receive excessive benefits, and undeservedly so; and, additionally, when one is medically disabled and in need of Federal Disability Retirement benefits, to be forced to wait for longer periods of time because of the bureaucratic backlog of Federal Disability Retirement cases at the Office of Personnel Management — this is, indeed, a time of stress, whether through activity or the enormous stress of inactivity.  

Waiting is a stressful activity; don’t think that inactivity is merely the art of doing nothing; if it impacts one’s conscious state, it is a stressful time.  But patience is a virtue precisely because it is one of the ultimate tests — and the conundrum is this:  to deal effectively with the stress of inactivity, it is sometimes best to engage in an alternate form of activity, whether mental or physical, such that the activity will satisfy the emotional needs of the individual.  

Preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS is a long and arduous process, whether defined by activity or inactivity, and how best to deal with the stress of the latter is often defined by the character of the former.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: The Waiting

Yes, filing for, and obtaining, Federal Disability Retirement under FERS or CSRS is a long, arduous, bureaucratic process. It can take 6 – 8, sometimes 10 months from the beginning to the approval of the application at the First Stage. Then, even after it is approved, it can take another 60 days before even the initial, interim payment is received. Further, if it is denied at the First Stage, the Reconsideration Stage can take an additional 90 – 120 days. And of course if it is denied at the Reconsideration Stage, the appeal to the Merit Systems Protection Board can take 120 days or more (with temporary case-suspensions and waiting for the Judge’s decision). Beyond that, any further appeals can take many more months. All of this “waiting” and admonishment of “being patient”, with little or no income, and the anxiety of one’s financial future. There is no argument to be made: patience is necessary for the entire process. I, as an attorney, cannot promise that the “process” will be any smoother or shorter; hopefully, however, I can provide a level of expertise during the entire process, which can lessen some of the anxiety during the long waiting period. As I often say: If patience is a virtue, then Federal and Postal Workers going through the Disability Retirement process must be the most virtuous men and women of the world.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement: When to Get an Attorney

As I explain to all potential clients, whether an individual should attempt to obtain Federal Disability Retirement benefits with or without an attorney, is an individual and personal decision, based upon a number of factors.

I place everyone on a spectrum:  on the far left side of the spectrum is a Letter Carrier who becomes paralyzed.  That person does not need me as an attorney. He/she needs to gather the medical records, fill out the forms, and submit the application.  On the far right side of the spectrum is a Supervisor who goes out on “stress leave”.  That person should almost definitely hire an attorney, because disability retirement based upon the medical condition of stress alone, is difficult to obtain. Most Federal and Postal employees fall somewhere in-between those two extremes.  Further, and obviously, I believe that I am of assistance to my clients, and (hopefully), based upon the years of feedback I have received, my clients firmly believe that my legal methodology and approach were instrumental in obtaining disability retirement benefits for them.

Two further things to consider:  First, I rarely accept cases where an individual has filed the application, gotten it rejected, filed for reconsideration, gotten it rejected, and then went to the Merit Systems Protection Board where the Judge upheld OPM’s decision to deny the application:  when an individual has gone through all three Stages, and asks me to file a Petition for Review, I will normally not take on such a case.  I will, of course, consider being hired to re-file the case (assuming that the person has not been separated from service for over a year); but I cannot take on a case for a Petition for Review and further appeal when I have not been the one instrumental throughout the first three stages of the process.  Second, many individuals come to me with barely 30 days left to file.  I take on such “emergency cases” on a case-by-case basis, depending upon my time-allowance, my schedule, etc.

The Lesson:  Each individual must make the decision as to whether or not to hire an attorney, which attorney to hire, when to hire.  From my perspective:  Federal Disability Retirement is, when all is said and done, a process to secure the financial future and stability of one’s life.  As such, hire an attorney who specializes in Federal and Postal disability retirement, and hire one early on in the process.

Sincerely,

Robert R. McGill, Esquire