Disability Retirement for Federal Government Employees: Compounding Complexities

As with most things in life, preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS from the Office of Personnel Management is an engagement of a process which should be affirmatively sought without delay.  Delay and procrastination results in further compounding the complexities which result from a medical condition.  

Dealing with a medical condition while attempting to perform all of the essential elements of one’s Federal or Postal position is complex enough; when it becomes apparent that one’s medical condition will last for a minimum of 12 months, and further, that one or more of the essential elements of one’s job can no longer be performed as a result of the medical condition, then it is time to consider filing for Federal Disability Retirement benefits under FERS or CSRS.  

The cumulative effect of delay and procrastination becomes progressively compounded in both complexity and unintended consequences:  the Agency begins to put greater pressure as work has to be shifted to others; greater mistrust arises; Agencies begin to react with adverse, punitive measures, such as imposing unreasonable leave restrictions, placing an individual on a PIP, proposing suspensions and other adverse actions; all of which results in greater anxiety and exacerbation of one’s medical conditions, which become deleteriously impacted because of the health, financial and professional pressures felt.  

Unless a delay upon making a decision in preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS is “planned”  — for a viable, reasonable and rationally-based purpose — such delay and procrastination will only accelerate and compound the problems of one’s life.  The benefit of a medical retirement under FERS or CSRS was created and offered by the Federal Service for a specific purpose.  It is well to embrace that purpose with purposefulness. 

Sincerely,

Robert R. McGill, Esquire

FERS Disability Retirement Applicant: Waiting too long

My approach to Federal Disability Retirement law is that there are very few, if any, mistakes made by the applicant which cannot be corrected, amended, or explained, especially where the essential ingredients of a “good” case are in existence: a supportive doctor; a position/duties which are incompatible with the type of medical conditions one suffers from, etc.

However, I receive telephone calls periodically where the individual simply has waited “too long”.  Thus, to clarify: If you’ve been denied twice by the Office of Personnel Management, and you have a Hearing before an Administrative Judge 3 days from today, then you have probably “waited too long” (although, if you can get a postponement, or suspension of the case, there may still be time). If you’ve been denied by OPM and the Merit Systems Protection Board has already denied your case, then you have probably “waited too long”.  Or, if you have been denied by OPM and by the MSPB and by the Full Board, then you have probably “waited too long”.

I hope that I am getting the point across by overstating the case — while each individual must decided when it is the “right time” to get a FERS lawyer to help in filing for disability retirement cases, and yes, while I take on cases at all stages of the process, the point is quite simple: It is better to have the expertise of an experienced attorney earlier, than later. In most case, that means at the very beginning of the process.

Sincerely,

Robert R. McGill, Esquire