Disability Retirement for Federal and Postal Workers: “Why?”


The ability to question is perhaps the highest form of consciousness.  Without it, the next level of any narrative form would cease, and no prompting of a search for an answer will develop.

That is why effective trial work — from persuasive direct examinations to devastating cross-examinations, guided by pointedly-prepared questioning — requires thoughtfulness and contemplated direction.  Some questions, however, become avenues for paralysis.  They may, for a time, help to ease the troubles of one’s soul, but they are ultimately unanswerable ones which cannot be comprehended in the limited universe of one’s mind.

Thus, when a Federal or Postal employee who suffers from a medical condition asks the question,”Why?” — it is legitimate, but one which may not have an adequate answer.  One must instead progress to a more pragmatic question: What to do about it. Where to go from here.  The “why” may need to be left aside, for another time, during a more contemplative period of recuperation.

For Federal and Postal workers, time itself can be a critical factor, and in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, because the bureaucratic process itself is a long and complicated one, it may be of benefit to set aside some questions, and instead focus upon the pragmatic questions which set one upon a path of purposive direction.

The height of man’s consciousness may be the result of evolutionary factors, but the most fundamental of questions should begin with that primitive foundation of all: self-preservation.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Unexpected Course of Events

Expectations are a peculiar phenomena in the human mind:  it occurs through a history of past experiences; tempered by present circumstances; projected through rational evaluation and analysis of past perspectives and present conditions.  One’s record of fulfilled expectations, as against failed or unforeseen ones, portend the validity of future such thoughts.

While medical conditions themselves may not meet the criteria of an expected event, once it becomes a part of one’s existential condition, it is important to evaluate resulting and consequential events, circumstances and causal relationships in order to make plans for one’s future.  One must not ruminate about the unfortunate course of events for too long; there is further work to be done.

In preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS, medical determinations must be made as to future expectations which will impact present circumstances:  Will the condition last for a minimum of 12 months?  What are the chances of recovery from the condition such that sufficiency of rehabilitation will result in returning to work and being able to perform all of the essential elements of one’s job?  How will the agency act/react (not too much in terms of expectations should be considered on this issue)?  What can one expect in terms of a Federal Disability Retirement annuity?  And many other questions which will need to be addressed in order to bring to fore the past, project it into the future, such that decisions impacting the present can be made.

Expectations:  It is where the past, present and future coalesce in the fertile human mind for purposes of decision-making, thereby confirming Aristotle’s dictum that we are not merely animals, but rational animals with a teleological bent.

Sincerely,

Robert R. McGill, Esquire

Federal & Postal Service Disability Retirement: Right Questions (Part 2)

Beyond asking questions of one’s self (financial; employment; future; whether one will last until regular retirement, etc.), it is also important to take a two-step process in preparing for a disability retirement application:  First, to do your own, independent research (in this day and age, internet research is the obvious first step), and Second, to contact an attorney.  By the time you contact an attorney concerning disability retirement issues, you should already have an idea as to what your intentions are. 

Hopefully, the attorney you contact will be experienced and knowledgeable concerning all aspects of Federal Disability Retirement laws under FERS & CSRS.  There are many attorneys “out there”; some attorneys do work in Social Security, Federal Worker’s Comp, etc.  Other attorneys perform work in various Federal labor matters; and still others perform work in State and private disability insurance issues.  Remember, Federal Disability Retirement is a specific, specialized field of law; it is best to retain an attorney who specializes and focuses upon your specific area of concern.  Finally, in speaking with an attorney, you should come to a point of becoming “comfortable” with that attorney:  and “comfort” comes only as a result of competent and confident advice — advice that is consistent with the facts you have gather from your prior research on the matter.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: The Right Questions

Often, a person who is contemplating filing for Federal Disability Retirement benefits under FERS or CSRS doesn’t know the “right question” to ask in order to make a proper decision.  Because a medical condition often leaves a person with daily and profound fatigue  (both physical and cognitive), it is enough just to get through the day, come home and attempt to recuperate and regain enough strength to try and make it back to work the next day.  Then, of course, there are the financial worries — whether or not the disability annuity will be enough to support a family; whether a person will be able to supplement his or her income with a part-time job in this tough economy; or whether Social Security Disability benefits can be approved and, even with the offset, allow for enough income for some semblence of financial security. 

All of these questions — or concerns — are clearly legitimate ones, and provide a good foundation for determining the viability for filing for Federal Disability Retirement benefits under FERS or CSRS.  But there are others, also:  What will happen if you don’t file for disability retirement benefits?  Will you be placed on a PIP?  Will you receive an unsatisfactory performance rating?  Will you last until retirement age?  If you last until retirement age, will you have the health necessary to enjoy your retirement?  Is it time to start a small business venture in this tough economy, and if so, when the economy begins to recover, will your small business grow with a growing economy?  Will your supervisor support your extended absences or over-use of sick leave for much longer?  Is the work that is getting backed up placing more pressure on you, such that it is exacerbating your medical condition further?  Think through the questions seriously.  It may be time to file for Federal Disability Retirement benefits under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire