Federal Disability Retirement Process: The Farcical Foray

It is the complexity of the absurd which tends to amaze; whether, in this day and age, we have lost the subtlety of the ludicrous, is sometimes to be held with awe.

Shakespeare’s Court jesters, clowns and fools all had that capacity to meander with linguistic pointedness; and it was in the very contrast between a character taking absurdity too seriously, and the juxtaposition of seriously expressing the absurd, that truth of circumstances often emerge. Within the context of such satire, there is a seriousness of purpose, and though we often become lost in the travails of life’s challenges, were we able to step back and consider the farcical, the foray would transcend between the mundane and the heavenly.

For Federal employees and U.S. Postal workers who engage the bureaucratic process of preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the patience shown is a tribute in and of itself.

Yes, the bureaucratic process can often be likened to a farce; and yes, the lengthy administrative procedures and legal maneuverings reflect a complex process of the absurd; and — but for the medical condition which is the foundation of it all — the encounters with life’s obstacles throughout the administrative process would often make for laughter and mirth.

Be not distracted, however; filing for, and obtaining, Federal Disability Retirement benefits from OPM, is neither a satire nor a pleasurable play to witness; rather, it is a serious endeavor which must be taken seriously; and though King Lear was a serious play whose Court Jester revealed the absurdity beneath, preparing, formulating and filing for OPM Disability Retirement benefits should be approached and engaged with the full comprehension that behind the curtains of life, the foundation of every Federal Disability Retirement application stands a human being waiting upon the human folly of man-made bureaucracy and administrative turmoil.

Sincerely,

Robert R. McGill, Esquire

 

Early Retirement for Disabled Federal Workers: The Timeline

The timeline is an extensive one.  Beyond the period from start to finish of the initial process (6 – 8 months minimum for just the First Stage of the process, assuming everything goes “right” in receiving prompt responses from the medical providers, obtaining the records; having the agency process everything in a timely manner, etc.), there is then the possibility of a glitch in the process on the part of the Office of Personnel Management (OPM).

Filing for Federal or Postal Disability Retirement benefits from OPM must necessarily entail a recognition and acknowledgement of being prepared for a long and arduous wait.  Then, of course, if the case is denied at the First Stage of the process, one must expect a minimum of 90 – 120 days for the Reconsideration Stage of the process; if it is denied a second time by OPM, then a minimum of 120 – 150 days at the Merit Systems Protection Board.

Further, if a Petition for Full Review is filed, it can often taken 10 months  5 years.  And an appeal to the Federal Circuit Court of Appeals?  You don’t even want to consider that…

As such, when one is preparing, formulating and filing for Federal Disability Retirement benefits, the operative focus should be upon the first conceptual link in the sequence — “preparing”.  The first order of business in a disability claim is in mentally preparing for the long haul.  I will reiterate an oft-used quip:  Patience is a virtue; ergo, Federal and Postal employees filing for Federal Disability Retirement benefits under FERS must be by definition be the most virtuous of people.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: The Process of Eligibility

The problem with possessing power is that it must be accompanied by truth, validity and rational foundations, if it is to be effective over the long term.  

In filing a Federal Disability Retirement application under FERS or CSRS, there is the process of proving one’s eligibility by meeting the burden of proof, termed as the “preponderance of the evidence“.  A disagreement can occur during the process, in that the Representative from the Office of Personnel Management can deny the Federal Disability Retirement application.  

Such a denial can occur twice at the OPM level — at the Initial Stage of the process, then at the Reconsideration Stage of the process.  OPM possesses the power to approve or deny each Federal Disability Retirement application.  Often, however, the denial itself fails to be accompanied by a rational discourse which strives to meet the high standards that a Federal Agency should always adhere to — guided by the truth and validity of any claims made in a denial letter.  Too often, the discourse which is the basis of the denial merely regurgitates a series of template-like statements, and then the OPM denies the claim.  

Fortunately, however, OPM is not the only Agency which makes the determination during the entirety of the process.  After the second denial, it then loses its jurisdiction over a case, and an appeal can be made to the Merit Systems Protection Board.  

The integrity of the entire process depends upon the independence of the MSPB in reviewing all such cases, and indeed, the Administrative Judges at the MSPB review each case carefully, with an open mind, and with the proper application of the law.  Each Judge must render a decision which contains the rational basis of a decision, based upon precedents and statutory legal underpinnings.  To have the full benefit of the process is indeed the basis of a system with integrity.

Sincerely,

Robert R. McGill, Esquire

Early Retirement for Disabled Federal Workers: The Assignment

In filing a Federal Disability Retirement application with the Office of Personnel Management, the very arbitrary nature of the timeline in each individual case makes for a rather frustrating process.  After winding its way through the Agency, then through the finance office, and finally making its way to Boyers, PA, the Federal Disability Retirement packet will finally be sent down to the Office of Personnel Management in Washington, D.C.  

It is at this point — when the “in-take processing” of the case has been completed in Boyers, Pennsylvania, that a “case number” (a CSA Number) will be assigned.  The fact that a CSA Number has been assigned, however, does not necessarily mean that a case has been assigned to an OPM representative for review or consideration of the Federal Disability Retirement application.  Indeed, the case itself may sit in an open file for many weeks before it is finally assigned.  Further, the CSA Number itself will be one which begins with the number “8” for FERS individuals, and the number “4” for CSRS individuals (which is obviously becoming more of a rarity).  Both numbers will have 7 digits to it, and end with an eighth — a “0”.  While knowing these details will not get one’s case adjudicated any faster, it is often good to know the administrative details in a Federal Disability Retirement case — if only to understand the bureaucratic maze which every Federal Disability Retirement application, whether under FERS or CSRS, must undergo.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: Denial at the First Stage

I would like to state that none of my cases have ever been denied at the Initial Stage of filing for Federal Disability Retirement benefits; not only would such a statement be untrue; it would also be unbelievable.  And yes — even the cases that I file on behalf of my clients, get a similarly formatted denial:  a restatement of the criteria for eligibility for Federal Disability Retirement under FERS & CSRS; a discussion with an elaborate reference to doctor’s notes, dates of treatment, targeted extrapolations of statements by the doctors which are not only selectively chosen in a narrow manner to favor the decision of denial, but further, which are often taken out of context.  Some might wonder:  Doesn’t OPM have greater respect for Mr. McGill?  The answer is:  At the First Level, the representative from the Office of Personnel Management is merely making a decision on one of thousands of files, and a template is being used to process and get rid of cases.  However, one must always remember (as I try to remind everyone) that this is a “process”.  A denial at the First Stage of the process is merely part of the greater process.  It is not something to get annoyed at, or concerned about; it is a stage and a decision which must be dealt with, argued against, and rebutted in the proper, rational, legal manner. 

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Summer Waiting

I have written previously about the long and arduous waiting process & period in trying to obtain CSRS & FERS Federal Disability Retirement benefits from the Office of Personnel Management. Remember that, in your calculation in attempting to survive financially, economically, emotionally, medically, physically, mentally — and in all other ways, keep in mind that the summer months from July to August often represent a “dead zone” when many Federal employees take time off for vacation, time for family, and time for relaxation.  While it is understandable that this makes the Federal disability retirement applicant nervous and anxious to be placed “on hold” when such an important decision may be held in abeyance, it is simply a reality which must be taken into account.  Don’t get frustrated; be patient.  The summer months will come and go, and the important point is to keep looking forward to the future.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: The Waiting

Yes, filing for, and obtaining, Federal Disability Retirement under FERS or CSRS is a long, arduous, bureaucratic process. It can take 6 – 8, sometimes 10 months from the beginning to the approval of the application at the First Stage. Then, even after it is approved, it can take another 60 days before even the initial, interim payment is received. Further, if it is denied at the First Stage, the Reconsideration Stage can take an additional 90 – 120 days. And of course if it is denied at the Reconsideration Stage, the appeal to the Merit Systems Protection Board can take 120 days or more (with temporary case-suspensions and waiting for the Judge’s decision). Beyond that, any further appeals can take many more months. All of this “waiting” and admonishment of “being patient”, with little or no income, and the anxiety of one’s financial future. There is no argument to be made: patience is necessary for the entire process. I, as an attorney, cannot promise that the “process” will be any smoother or shorter; hopefully, however, I can provide a level of expertise during the entire process, which can lessen some of the anxiety during the long waiting period. As I often say: If patience is a virtue, then Federal and Postal Workers going through the Disability Retirement process must be the most virtuous men and women of the world.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Representation Anywhere

I receive multiple calls weekly asking whether I have a satellite office in a particular state.  The answer:  No, but Federal Disability Retirement law is a federal issue, not a state issue, and that is why I am able to represent Federal and Postal employees from all across the United States.  It matters not whether a Federal or Postal employee is in California, Alaska, Mississippi or Florida.  I have represented individuals from every state, including Alaska, Hawaii, Puerto Rico, Europe, Japan, Korea, etc.  Modern technology has allowed for such representation, and I am able to communicate with each of my clients, effectively and efficiently, via Express Mail, email, fax, telephone, cell phone, Federal Express, UPS, and every kind of electronic & physical transportation & communication system.  Modern technology certainly has its drawbacks; it has, in many ways, made life more complex.  Yet, at the same time, it has given me the honor of representing a wide range of Federal and Postal employees from everywhere, and to be able to obtain Federal Disability Retirement benefits for a wide range of interesting people, in interesting jobs, in a variety of Federal Agencies, suffering from multiple medical disabilities, ranging from psychiatric disabilities to severe and chronic physical disabilities. No, I do not have a satellite office in your state — but I am able to communicate with each of you, and represent each of you, as if I was right there in your particular town.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability: The Decision

It is always a hard decision to file for disability retirement benefits.  Aside from the psychological anguish which must be confronted (feelings of worthlessness or devaluation of one’s worth because we live in a society which places a high value upon productivity, work, and output & competence in our jobs, despite our giving lip-service to “family”, “relationships” and “community”), the potential disability retirement applicant must also make pragmatic decisions based upon a variegated spectrum of financial, professional, family & economic circumstances.  Such foundational, decision-making factors could include:  one’s medical conditions (obviously); the type of job one is in; whether a disability retirement annuity is sufficient or even realistic; whether the job market outside of the federal sector is promising enough to allow for making up to 80% of what one’s job currently pays, in addition to the disability annuity; whether a parti-time position or partial income added to the disability annuity will be enough; whether one’s supervisor & agency will be “going after” you for performance, conduct, or excessive absences, and if so, how soon; and many other factors. 

It is always a trying time.  Consideration in filing for disability retirement benefits must be based upon a deliberative methodology, based upon serious consideration of multiple factors.  In basing a decision to file for disability retirement, it is best to do it right before considering doing it at all.  As such, consultation with an attorney who is an expert in the area of Federal Disability Retirement laws can be an invaluable source of information in making the “right” decision.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Proper Approach

Some believe that, when formulating and compiling a disability retirement application, that quantity of supporting documentation will win the day — all medical reports, records, statements from friends, family, co-workers, etc.  Sometimes, however, it is better to refrain from providing everything all at once; for, if a determination is made that there is sufficient documentation to prevail in a disability retirement application, it is sometimes the wiser course to restrain the natural inclination to bombard the Office of Personnel Management with all of the available documentation.  This is merely a strategic bit of advice; yet, in practical terms, inasmuch as every disability retirement case has the potential to be denied at the First Stage, and OPM would in that event be requesting additional supporting documentation, it is often a good idea to “withhold” and “keep back” a secondary source of supporting documentation — but only if the primary source of supporting documentation is confidently adequate to win at the first stage.  It is a discretionary method of approaching the compiling of data and documentation at the first stage — a decision which should be made with wise counsel.

Sincerely,

Robert R. McGill, Esquire