Federal and Postal Disability Retirement: Embracing Progress toward Better Conditions

Federal Disability Retirement from the U.S. Office of Personnel Management is indeed based upon a progressive paradigm.  It not only recognizes that an individual may be disabled from a particular kind of job; but, moreover, it allows and encourages the Federal or Postal employee to plan for the future, and to seek a way of starting a new vocation in a different field, without penalizing the former Federal or Postal employee by taking away the Federal disability annuity.

There are maximum limits to the paradigm — such as the ceiling of earning up to 80% of what one’s former position currently pays. But to be able to earn up to 80% of what one’s former position currently pays, while at the same time retaining the ability to continue to receive the disability annuity, is far different than the paradigm presented under SSDI or OWCP.

Further, because there is a recognition that one’s medical disability is narrowly construed to one’s Federal or Postal position, or any similar job, the restrictions placed upon the “type” of job a Federal or Postal annuitant may seek, is fairly liberally defined.  Yes, both types of positions should not require the identical physical demands if such demands impact the same anatomical basis upon which one’s Federal Disability Retirement benefits were approved for; but, even in such circumstances, one has the right to argue that the extent of repetitive work, if qualitatively differentiated, may allow for a similar position in the private sector.

Compare that to OWCP, where one cannot work at any other job while receiving temporary total disability benefits from the Department of Labor.  Ultimately, Federal Disability Retirement allows for the Federal or Postal employee to plan for the future; and that, in and of itself, is worth its weight in gold.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: Moving Beyond

Once a decision has been made to begin preparing, formulating and filing for Federal Disability Retirement benefits under FERS & CSRS, then the mechanical aspects of gathering and compiling the evidence to make one’s paper presentation to the Office of Personnel Management must begin.

It can be a daunting process.  However, it is overcoming the initial timidity which is the first step.  The compilation of the proper medical narrative reports with the effective wording and nexus between the medical condition and essential elements of one’s job; the creation of a narrative word picture of one’s Applicant’s Statement of Disability; any legal arguments to be presented and cited; the remainder of the Standard Forms to be completed by the Agency; the insurance forms — one can easily get lost in the morass of such paperwork.  

Then, there is the “waiting period” — that long and anxiety-stricken time of waiting for the Office of Personnel Management to makes its decision at the Initial Stage, and if denied, at the Reconsideration Stage of the process; and, if denied a second time, an appeal to the Merit Systems Protection Board.  

It is during the “waiting period” that one must begin to think about the period “beyond” — that time when one becomes a Federal Disability Retiree, where one finally has the proper time to attend to one’s medical conditions, then to rethink in terms of another job, another career, another phase of life.  It is the time to think about “moving beyond” one’s self-perception and paradigm of self-conception of being a “Federal employee”, and instead to think of the re-created self in new and fresh terms.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Beyond the Approval Letter

There are many stories of Federal and Postal employees who suffer from physical, emotional and cognitive (psychiatric as well as progressively deteriorating neurological disorders) medical conditions, who continue to endure within the confines of a Federal or Postal job, for years and years.  

Federal Disability Retirement allows for a Federal or Postal employee who has a minimum of 18 months of Federal Service under FERS (5 years under CSRS, which is already a safe assumption that such minimum eligibility requirements have already been met for CSRS employees) to continue to be productive as an employed member of the workforce — but in a different capacity.

Each story is a unique one —  filled with a narrative of human suffering, of enduring pain, hostility, and often discriminatory actions by the Agency.  The attorney who represents the Federal or Postal employee, however, has a specific and unique role.  He or she is not the Federal or Postal employee’s friend, therapist, doctor or financial advisor.  Instead, the attorney’s job should retain a singular focus — to obtain the Federal Disability Retirement benefits for the applicant who is seeking such benefits.  For, after all, it is only upon the satisfaction of the foundational basics that a Federal or Postal employee can then “move on” and go beyond the impact of a medical condition — to recuperate; to start a second career; to repair the physical, emotional and psychiatric impact of the past year or more; and to begin rebuilding after experiencing the jubilation of an approval letter from the Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire