Medical Retirement Benefits for US Government Employees: The Waiting

We wait in lines and on telephones; we wait for the mail and to be served in restaurants and supermarkets; waiting is a necessity, based upon a closely-held belief that the end-product for which we expend such virtues as patience is worthy of the investment of time. There is always a quick calculation which must be engaged before the waiting can begin; of weighing the importance of the service or product to be received, in conjunction with the time it will take to attain the goal of receipt, and in further consideration of the comparative value of other things “to do”.

For the Federal or Postal Worker who is filing for Federal disability Retirement benefits from the U.S. Office of Personnel Management, whether the Federal or Postal Worker is under FERS or CSRS, the worth of waiting must always be balanced with the proverbial question, “For what?”

Waiting for a Federal agency or the U.S. Postal Service to initiate an action which may or may not impact a Federal Disability Retirement application is normally not “worth” it, for such a wait may never produce anything fruitful. Waiting because to do otherwise — to act — will incur efforts of cognitive or physical exhaustion is something which will only delay an inevitable need, and is therefore unwise to engage, is something that must be often countered by sheer force of will.

On the other hand, once a Federal Disability Retirement application is filed with the U.S. Office of Personnel Management, the real game of waiting begins, and one which no one has very little and limited control over. For, ultimately, the U.S. Office of Personnel Management — the agency which has the authority to approve or deny a Federal Disability Retirement case — has the cards which count, and the requested product of the goal to attain: a decision on a Federal Disability Retirement application filed by the Federal or Postal Worker.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: Common Mistakes

There is of course the old adage (and old “sayings” are neatly formulated, refined over time, and revised and updated for applicability and relevance to the significance of the current times), stated in its variety of forms, that those who fail to study history, are condemned to repeat it.  But what if the historical repetition of such foolhardiness results because of the disparate nature of history, scattered among thousands, and never based upon a common essence from which all can draw?

A corollary of the previous words of wisdom is the following (made up by this author):  Historical mistakes repeat themselves because everyone believes that he or she is smarter than the ones before.

In preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS, from the U.S. Office of Personnel Management, common mistakes abound, and repetitively reveal themselves throughout the process.  Writing to preempt what one thinks a Supervisor will state or not state; listing every medical condition without prioritizing the impact upon one’s inability to perform the essential elements of one’s job; writing long, meandering narratives; including “red flag” concepts such as “hostile work environment“; simply giving to the doctor the 3112C with the return address of one’s Human Resources Department at one’s agency; and multiple other such follies.  Yet, such mistakes are not only common; they are to be expected.

The administrative process of Federal Disability Retirement is constructed to appear “simple”.  The questions asked on the standard forms appear straightforward, if not cleverly uncomplicated in their very formulation.  Yet, the laws which govern the benefit identified as “Federal Disability Retirement” is amassed in a compendium of statutes, regulations and case-law, all of which have evolved in interpretive significance over many years.

History does repeat itself; for Federal and Postal employees who are contemplating or have initiated the filing of a Federal Disability Retirement application, whether under FERS or CSRS, the age-old adage concerning history not only confirms the truth of such a saying, but reinforces it daily.

Sincerely,

Robert R. McGill, Esquire