Federal Disability Retirement in a Tough Economy

Healthy individuals may wonder why, in such a tough economy, an individual would consider filing for Federal Disability Retirement under FERS or CSRS.  This is an economy which has been shrinking and shedding employees.  Yet, for the Federal or Postal employee whose health and increasingly debilitating medical conditions directly impact one’s ability to perform the essential elements of one’s job, the choice is actually not all that convoluted. 

Where a Federal or Postal employee can no longer perform the job; where sick leave and annual leave have been exhausted to go to doctors’ appointments, or just to stay home to recover enough to make it into the office for another day; or for those who are on LWOP for greater than the time working; in such circumstances, the stark reality is that a disability annuity is better than what the future may offer otherwise.  Removal for unsatisfactory performance; being placed on a PIP; being told that there is no more work at the Postal Service; being counseled for performance issues; these are all indicators of the proper choice to make.

Yes, it is a tougher economy; but when the economy begins to rebound, the first people that private employers turn to hire are those who are essentially independent contractors; and, especially with the looming overhaul of private health insurance, a former government worker who carries his or her own health insurance is, and can be, an attractive worker to a private employer.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Denials

Denials received from the Office of Personnel Management are particularly difficult news to digest. It is not so much that the denial itself obviously represents “bad news” (that is difficult enough), but for the disability retirement applicant, it casts a long and foreboding shadow upon one’s financial and economic future. For, obviously, the income from the disability annuity is being relied upon; the applicant filed for Federal disability retirement benefits under FERS or CSRS based upon the assumption that it would be approved, and the future calculation of economic and financial stability was based upon the obvious assumption of an approval. Long-term plans are made based upon the assumption of approval. Further, it doesn’t help that the basis for the denial, as propounded by the Office of Personnel Management, is often confusing, self-contradictory, and without a rational basis. It is often as if the OPM representative just threw in a few names, referred to some doctor’s reports, and essentially denied it with a selective, almost pre-determined view towards denying the claim. This is unfortunate, because the Office of Personnel Management is under a mandate to make its decision based upon a careful and thorough review of the applicant’s supporting documention. However, when the denial is received, one must fight against the initial feelings of defeat and dismay; work is yet to be done, and a view towards the future must always be kept at the forefront. A time to give up is not now; it is time to fight onward, and to move forward.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability: The Disabled Federal and Postal Worker

As with most attorneys, I try to maintain an appearance of detached professionalism. It is my job to provide sound legal advice; to guide the client/disability retirement applicant with logical argumentation, rational perspective, and legal foundations as to the strength or weakness of a case, and to guide my client over obstacles, around legal landmines, and through the briars and thickets of “the law”. I try to remain aloof from the inherent emotionalism which arises from the human story of my clients, because not to do so would be to defeat the essence of why a client hires me: to maintain and retain an objective perspective, in order to provide the best legal advice possible. However, to maintain that wall of professionalism is not always possible.

The human story of the Federal and Postal employee is indeed one of encompassing a juggernaut of loyalty, professionalism, dedication, hard work, and the driving force behind and undergirding the economic might of the United States. Yes, of course the United States is built upon the economic principles of the free market system of the private sector; but the services which the government provides are not accomplished by some faceless or nameless entity; each such service — from the letter carrier through “rain, sleet or snow”, to the Special Agents who investigate and put criminals behind bars; from the border patrol agents who guard our security, to the IT Specialist who safeguards our internet viability — is provided by a competent and dedicated worker. That is why I am often humbled by my clients; because, truth be known, the disability retirement applicants who come to me have come to a point with his or her medical condition, where there is no other choice. It is never a question of dedication or hard work; the Federal and Postal Worker has already proven his or her dedication and hard work through the decades of service provided, prior to coming to me.

Sincerely,

Robert R. McGill, Esquire