Federal Gov. and USPS Disability Retirement: Expectations

Expectations are peculiar anticipatory states of being; based upon an accurate assessment of factual considerations, they can comport with a true sense of reality; dependent upon an unrealistic foundation of pure desire and want, it can lead to a devastating loss of trust.  In order to avoid unrealistic expectations, it is necessary to evaluate and assess, as much as possible, facts from past experience, objective present circumstances, and projection of fairly accurate intuitions for the future.

For Federal and Postal workers contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, a realistic expectation as to all aspects and corridors of the benefit itself is necessary in order to survive the entirety of the administrative and bureaucratic ordeal.

From evaluating the strength of one’s medical support, to the ability to convey a persuasive argument and case to an agency which reviews tens of thousands of Federal Disability Retirement cases; from a realistic timeframe of the entire process from start to finish; to financial considerations and future earnings potential and whether one can work in another job or vocation.  All such considerations should be evaluated and discussed.

In the end, however, the Federal employee who is contemplating filing for Federal or Postal Disability Retirement benefits often is confronted with limited choices: to continue working under the same conditions, that is, doing with the same tasks in the same Federal occupation (normally not an option, and that is why Federal Disability Retirement is considered in the first place); to walk away without filing for disability retirement benefits (almost never an option — self-evidently so); or filing for disability retirement benefits (the necessary option, and why it is being considered in the first place).

It is the expectations which often dismay, however, and it is a good idea to keep that animal in a cage of realistic assessments.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: Making Explicit the Implicit

Sometimes, it is implicitly clear in the formulation of the Federal Disability Retirement application that the applicant is unable to coherently present one’s case in a Federal Disability Retirement application under FERS or CSRS.  

Whether because of the physical limitations or the cognitive dysfunctions, the brevity of the statement on the Applicant’s Statement of Disability, or the illegible handwriting, etc., may well provide an indication of one’s medical conditions and their impact upon one’s Federal or Postal duties in a particular position.  But to rely upon an implicit revelation, or to expect that a Claims Representative at the Office of Personnel Management may infer the intractable pain which the potential applicant may be experiencing, is to expect that which will likely not happen.  

The paper presentation offered to the Office of Personnel Management must be explicitly stated at every juncture, at every opportunity, at every potentially coordinating point — with succinctness and clarity of delineation, utilizing the language available, inserting the most effective, descriptive adjectives to create a compelling word picture, governed by truth and justified by the medical documentation within the parameters of the law, in order to express that which has previously remained implicit.

To make explicit that which is implicit is the key; to expect the implicit to be recognized by the reviewing individual at the Office of Personnel Management is to expect the impossible.

Sincerely,

Robert R. McGill, Esquire