CSRS & FERS Medical Disability Retirement: The Denial Letter

During this Holiday Season when Federal and Postal employees who have filed for Federal Disability Retirement benefits under FERS or CSRS, who are anxiously awaiting the decision from the Office of Personnel Management, a denial letter from OPM can appear disproportionately devastating.  Christmas and the New Year tend to bring difficulties precisely because it is seen as a season of celebration, when families get together, where work continues, but an expectation of being “joyous” pervades.  At such a time, a denial of a Federal Disability Retirement application from the Office of Personnel Management can be a seeming conclusion to a long wait.  It is not.  

Do not become discouraged just because someone at OPM has “decided” that your Federal Disability Retirement application did not “meet” the legal criteria.  Set the denial letter aside for a day or two (so long as it is not nearing the 30-day period to either file for Reconsideration or an appeal).  Then, proceed to fight it.  

Don’t let the Holiday Season become confused with the right to file for, be eligible for, and be entitled to Federal Disability Retirement benefits under FERS or CSRS.  The filing of an application for Federal Disability Retirement benefits is a process which may take 6 – 8 months, or longer if it is needed to go to the Reconsideration Stage, or to the Merit Systems Protection Board.  

Do not get discouraged; instead, fight for your benefits.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement Benefits for Federal & Postal Employees: Always the Initiator

In preparing, formulating and completing a Federal Disability Retirement packet under FERS & CSRS for the Office of Personnel Management, it is important to always be the initiator of all issues, real, implicit or potentially existing.  Nothing should ever be “hidden”.  To hide is to admit that something is wrong; to paraphrase a Shakespearean verse, to object too strenuously is to admit to something that you think needs objecting to.  Or, to put it in elementary terms, honesty is always the best policy

Aside from the obvious penalties for lying upon a Federal Application for Disability Retirement benefits under FERS or CSRS, there is the practical reason:  rarely is an issue of such ominous importance that it would preclude a Federal or Postal employee from obtaining Federal Disability Retirement benefits under FERS or CSRS.  Certainly, some issues can become temporary impediments; other issues — often relating to performance issues, misconduct during Federal Service, a perception that an employee did something “wrong” — will lead a potential applicant for Federal Disability Retirement benefits to “color the truth” in an application for Federal Disability Retirement.  There is no need.  Certainly, some issues need to be highlighted more than others, and other issues need to be left in the periphery; but openness is the best policy, and honesty is always the only avenue to success.  It is merely how you state it, that matters.

Sincerely, Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Medical Conditions

In filing for Federal Disability Retirement benefits under FERS or CSRS, it is important to note that the Office of Personnel Management will often argue that the mere fact that a person suffers from a medical condition is not in and of itself a basis for granting disability retirement benefits.  So far as such a statement goes, the Office of Personnel Management is correct on the laws governing the eligibility criteria for Federal Disability Retirements (which is rare in and of itself).  Having a medical condition is not a sufficient cause in granting a Disability Retirement benefit.  As it is often argued in the world of philosophy, it is a necessary cause, but not a sufficient one.  In other words, one must indeed suffer from a medical condition (it is thus a “necessary cause”); however, suffering from a medical condition is not sufficient in and of itself to qualify for Federal Disability Retirement benefits under FERS or CSRS (it is not a “sufficient cause”).  One must, beyond having a necessary cause, prove that the medical condition is also the source and impact upon one’s inability to perform one’s job.  Thus, to the limited extent of its truth, suffering from a medical condition is indeed insufficient to obtain an approval from the Office of Personnel Management; it is not “proof enough” in and of itself.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: The Office of Personnel Management

The Office of Personnel Management is taking a long time to process Federal Disability Retirement applications and benefits, at all levels of the process.  It is not something which can be corrected in the short term, except with patience and polite persistence.  From their point of view, the people working at the Office of Personnel Management are doing their best in reviewing and evaluating each Federal Disability Retirement case, and attempting to process all approved cases as expeditiously as possible.  But from the perspective of the individual applicant, whether awaiting for a decision by OPM or for payment because an application has already been approved, any delay beyond the normal, expected time-frame (and there is no timetable which is “set in stone” with OPM) is one which is unacceptable.  If an individual’s Federal Disability Retirement application has already been approved and that person is receiving interim payments, then he or she is awaiting for finalization of the case; that person, at least, is receiving some payment, and should be thankful for that, because there are many others who have gotten an application approved but has been waiting for months without any pay at all.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Continuing Patience

It is difficult to be patient.  The Office of Personnel Management, in reviewing and evaluating each case, takes its time.  One can attempt to “read into” each day, as to whether the longer wait is more beneficial than a decision which is to be made in short order.  Calling to check on the “status” of the case can have a negative effect upon a decision, although it is not “supposed to” do so. 

Often, the response by OPM’s representative is that a decision will be made “this week” or “next week” or “by the end of the month”.  Time passes, and there is no decision.  These past couple of weeks, OPM has sent out many decisions that were long-in-waiting.  When the decision is a favorable one, then of course the burden of the wait is suddenly lifted.  When the decision is a denial, then the response is often one of anger, disbelief or discouragement.  Once the emotions are set aside, then one must accept the reality of further waiting.  Yes, patience is a virtue, and Federal and Postal employees must be the virtuous of all people.  But those are empty, vacuous and meaningless words when one must wait to see what the future holds. 

Sincerely,

Robert R. McGill, Esquire