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 Employee Medical Retirement: The Other 12-month Confusion

The other issue which may involve a 12-month period — aside from the Statute of Limitations, which allows a Federal or Postal employee to file for Federal Disability Retirement benefits within 1 year of being separated from Federal Service — is the duration of one’s medical condition.

Federal and Postal employees will often confuse the issue, and believe in error that they must suffer through a minimum period of 12 months before they can even begin the process of filing for Federal Disability Retirement benefits. This is an error either in the proper interpretation of the law, or through receipt of misguided information from third parties.  The law simply requires that a Federal or Postal employee filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, have a medical condition which will impact him or her for a period of at least 12 months.

Practically speaking this would make sense.  For, since the bureaucratic process of preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management takes a minimum of 8 – 10 months for the entire process anyway, it would make no sense to have a medical condition which will be “cured” within that time frame, for a Federal or Postal employee to file in the first place.

The minimum requirement of the 12-month period can be easily addressed in the “prognosis” portion of a doctor’s statement.  Most doctors can prognosticate within a couple of months of beginning treatment, concerning the long-term duration of a medical condition; whether it is chronic, lasting, or likely permanent.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, knowledge equals the ability to overcome obstacles, and knowing the law will allow the Federal and Postal employee contemplating filing for Federal Disability Retirement benefits to possess the necessary tools to effectively manage his or her life and future.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Recurring Particular Issues

Issues in life often recur repetitively without rhyme or reason; as a rule of life, it becomes true “all the more” with mistakes in life.  Thus, particular issues in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, seem to resurface regardless (I would enjoy writing “irregardless” just to irritate those who are alert enough to recognize the nonsensical nature of such a term, but I refrain) of the number of times such issues are addressed or corrected.

Three such issues are:  A.  Filing for SSDI.  Yes, it does need to be filed.  No, it does not technically need to be filed in sequence; moreover, while many Human Resources (one agency calls it “Human Capital”, which is viewed as a self-contradiction and an inside joke) offices misinform Federal and Postal workers that you have to wait for a decision of approval before filing for Federal Disability Retirement, the Federal or Postal Worker should refuse to listen to such misguided misinformation.  Technically, the only time OPM needs a receipt showing that one has filed for SSDI is at the time of an OPM approval.  However — yes, just to get it over with, you should just go ahead and file online, and print out a receipt showing that you filed, and attach it with the Federal Disability Retirement application.  B.  Time of filing:  within 1 year of being separated from Federal Service.  No, LWOP or being on sick leave does not begin to toll the 1-year Statute of Limitations.  C.  One’s medical condition must last for a minimum of 12 months.  No, you do not need to wait for 12 months and endure your medical condition.  Most doctors can provide a prognosis of the extent of your medical condition early in the process.

Don’t let the irony of life rule one’s actions.  Mistakes and misinformation abounds, but how one responds is the key to successful living.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: Time and Clarity

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, two primary elements must be shown:  A.  That one suffers from a medical condition such that the medical disability prevents one from performing one or more of the essential elements of one’s job, and B.  That the medical condition will last for a minimum of twelve (12) months.  This second part of the requirement — the 12 month period — can bring about some interesting issues.

Despite the simplicity of what it requests in terms of information, the issue is often confused and confusing.  Federal and Postal workers contemplating filing for Federal Disability Retirement benefits will often wonder whether one has to be “out of work” for a period of 12 months before even filing (somewhat similar to SSDI, where one must be out of work for a specified period of time) — but that is not what the statute requires.  What is required is merely that the medical condition must have a duration of at least 12 months, and so a prognosis should suffice — i.e., if the medical condition suffered has lasted for 5 months, say, and the doctor provides a prognosis that it will continue for a minimum of 2 – 3 more years, and perhaps permanently, that should satisfy the legal requirement of a medical condition lasting for a minimum of 12 months.

On the other hand, when the doctor states that it has lasted since X date and will be a “permanent” condition, that should also satisfy the legal requirement.  However, OPM will often fail to comprehend what “permanent” means, and will deny a case based upon the fact that the “12 month period” has not been met.

Further, the issue of “when” a medical condition began is an interesting one, because if one goes too far back, then that may show that despite the medical condition, the Federal or Postal employee has been able to perform the essential elements of one’s job.  The question is thus not one of “when the medical condition began”; rather, the question is one of “when did the medical condition prevent one from performing one or more of the essential elements of one’s job.”

Clarity is the key, always, and when one is dealing with Claims Specialists at the U.S. Office of Personnel Management who are reading multiple files day after day, and confusing and confounding one with the other, making certain that the medical reports, legal arguments and Applicant’s Statement of Disability are clearly and concisely delineated, will help to guide OPM to a proper and successful decision.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: Compounding Complexities

As with most things in life, preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS from the Office of Personnel Management is an engagement of a process which should be affirmatively sought without delay.  Delay and procrastination results in further compounding the complexities which result from a medical condition.  

Dealing with a medical condition while attempting to perform all of the essential elements of one’s Federal or Postal position is complex enough; when it becomes apparent that one’s medical condition will last for a minimum of 12 months, and further, that one or more of the essential elements of one’s job can no longer be performed as a result of the medical condition, then it is time to consider filing for Federal Disability Retirement benefits under FERS or CSRS.  

The cumulative effect of delay and procrastination becomes progressively compounded in both complexity and unintended consequences:  the Agency begins to put greater pressure as work has to be shifted to others; greater mistrust arises; Agencies begin to react with adverse, punitive measures, such as imposing unreasonable leave restrictions, placing an individual on a PIP, proposing suspensions and other adverse actions; all of which results in greater anxiety and exacerbation of one’s medical conditions, which become deleteriously impacted because of the health, financial and professional pressures felt.  

Unless a delay upon making a decision in preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS is “planned”  — for a viable, reasonable and rationally-based purpose — such delay and procrastination will only accelerate and compound the problems of one’s life.  The benefit of a medical retirement under FERS or CSRS was created and offered by the Federal Service for a specific purpose.  It is well to embrace that purpose with purposefulness. 

Sincerely,

Robert R. McGill, Esquire