OPM Disability Retirement Law: Avoidance

It begins with a subtle turning away, perhaps; reduction of contact, lessening of coincidental interactions, etc.  The fact is, in an office environment, or out in the proverbial “field” of employment, if a coworker or supervisor wants to get a hold of you, they normally can, and with aggressive intent, quite quickly.  But suddenly and in a spiral trajectory of avoidance, people begin to shun and shove aside.

It’s not like the medical condition is contagious, or will by some mysterious process of osmosis spread like a viral wildfire merely by standing next to you; but that is how it is perceived and attributed.  When a medical condition impacts one’s ability to perform the essential elements of one’s job, whether the person is a Federal employee or a U.S. Postal worker, the palpable sense of ostracizing begins immediately.

Loss of productivity; being placed on a PIP; developing a reputation for being on the wrong side of an agency’s favor; these are all of the ills which portend; and the greater the degree of avoidance by fellow workers, the increasing pressure of evidence to begin the process of preparing, formulating and filing for OPM Disability Retirement.  Federal Disability Retirement is a process which can take many months, and is ultimately filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

The inevitable is written in the rosters of future events; avoidance merely delays that which will come about, anyway; and procrastination exponentially compounds the cumulative problems aggregated by neglect.  Thus does avoidance work to wound, and rarely to enhance, the fragile future of the Federal or Postal employee in securing one’s financial stability, by filing for Federal Disability Retirement benefits through OPM.

Sincerely,

Robert R. McGill, Esquire

 

Federal and Postal Disability Retirement: Approaches & Decisions

With each case, a story must be told.  If the case gets denied, normally my approach is not so much that a “narrative” must be retold, but rather, I tend to view the Reconsideration Stage of the Federal Disability Retirement application process more as the “battle” to set the proper stage — to either win at the Reconsideration Stage, or to win at the Merit Systems Protection Board stage.  What is interesting is that, within the three stages of the process (excluding the appellate stages of the Full Board Review and the appeal to the Federal Circuit Court of Appeals), the need to tell a coherent, empathetic, sympathetic and compelling story of a dedicated and loyal Federal employee who suffers from a medical condition such that it impacts him or her from performing one or more of the essential elements of one’s job, comes “full circle”. 

I approach the “Reconsideration Stage” of the Federal Disability Retirement process under FERS & CSRS as the “center point” of battle, in many ways, precisely because it is the step just before taking it before an Administrative Judge at the Merit Systems Protection Board.  It is the place to give the Office of Personnel Management a subtle warning:  This is your last chance before the destiny of the Disability Retirement Application is taken completely out of your hands and control, and placed into the hands of an Administrative Judge.

Sincerely,

Robert R. McGill, Esquire