FERS Medical Retirement Benefits for US Government Employees: The Long-term Plan

Federal Disability Retirement is best anticipated and implemented within the larger context of a long term plan.  For, with the reduction of immediate income, replaced by an annuity which is fixed, but with a future potential to earn additional earned income in another (or even similar) vocation, it is best seen not just for the present circumstances, but as a base from which to build a greater future.

Future considerations may need to be entertained.  For example, how aggressively should Social Security Disability (SSDI) be pursued? If the Federal or Postal employee attempting to become eligible for Federal Disability Retirement benefits will not be immediately seeking to work at another, private-sector job, and there is a good chance for qualifying for SSDI, then you may want to consider seriously attempting to qualify for SSDI.

For most people, the FERS requirement of filing for SSDI is a mere formality. For those who intend upon using the immediacy of the annuity for a recuperative period in order to attend to medical needs, then perhaps a minimal effort in applying for SSDI would be appropriate.

With the recent case of Stephenson v. OPM now firmly in the “win” column, any issue about future recalculation once a Federal or Postal employee loses his or her entitlement to SSDI benefits, has now been resolved, and the Federal or Postal annuitant need not worry about the issue.  Of course, there is a wide chasm between what “the law” says, and how quickly OPM will do what they are now mandated to do.  But in the end, OPM will have to recalculate and reinstate any amounts which were offset, once a Federal or Postal employee loses his or her SSDI benefits.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Planning Ahead for a Better Future

Ultimately, when the time comes for a Federal or Postal employee to begin to think about preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS, it is both the beginning of a long administrative process, as well as the endpoint of a long period of reflection (hopefully), preparation (a necessity), and enduring of a medical condition (which has eventually transitioned into a state of chronic medical condition or a progressively deteriorating condition, but in any event one which has lasted or will last a minimum of 12 months, which is the legal requirement under FERS & CSRS Disability Retirement).

Thus, the point of the decision is a critical juncture in a Federal or Postal worker’s life, precisely because it marks both the end of a productive career, as well as a beginning of a process.  However, just to think in terms of the two points of the process — the end of a career and the beginning of a long administrative process — would be to fail to look beyond the obtaining of Federal Disability Retirement benefits.

For, the truth of the matter is that there is “life beyond” obtaining a Federal Disability Retirement annuity, and indeed, there is an incentive for a former Federal or Postal worker who is receiving a Federal Disability Retirement annuity to become productive in another capacity, in the private sector.  The next stage of life is often the more critical period of one’s life.  Reflection on that “next stage” is something worthwhile to think about.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: The Weekend Illusion

The problem with relying upon weekends is the imbalance of perspective which results therefrom.  

For the universal man (or woman), work constitutes a disproportionate segment of one’s “identity“, and the weekend is often a rush of activity in order to perform those chores which “need” to get accomplished, as well as to engage in some recreational activities to “recharge” one’s battery.  This cycle of work-to-weekend-to-work is acceptable for most individuals, because it allows for some leisure activities.  

For a Federal or Postal Worker who is facing a chronic, sometimes debilitating, and often progressively deteriorating medical condition, the added factor of having a medical condition which forces one to utilize the weekends to merely recuperate and return to a level of mental or physical functionality just to be able to return to work for another week, such a cycle becomes distorted and out of balance.  Such a cycle simply cannot last for very long.  Thus, Federal Disability Retirement is an option to consider.  While the monetary return is negligible (60% of the average of one’s highest three consecutive years the first year; 40% every year thereafter), it is a basis upon which one can hopefully “break the vicious cycle” of using the weekends to recuperate for the work-week.  

The universal man and woman needs time for leisure, recreation and reflective thought, and weekends must allow for such time.  For Federal and Postal workers who have a medical condition which impacts one or more of the essential elements of one’s job, OPM disability retirement under FERS or CSRS must be a consideration in order to obtain that which is necessary for long-term healing, and not just for temporary periods of recuperation.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Future Perspectives

People often act without forecasting prospective issues. In filing for disability retirement, it is important to take into account the emphasis and basis upon which one files for Federal Disability Retirement, because when an approval is given by the Office of Personnel Management, OPM identifies the specific medical disability upon which they granted the approval. As such, it is important for the applicant to base the application upon the medical condition/disability, in the sequence of importance, the most serious to the least serious.  This is important not only for purposes of winning disability retirement cases, but further, with a view to the future:  when the random Medical Questionnaire is sent to a disability retirement annuitant, if the medical condition upon which you were approved for was a minor, “least serious” medical condition, then 5 years or 10 years down the road, it may well have “resolved”, which puts you in danger of losing your disability retirement benefits.  This is why it is important to have a view to the future, and guidance and advice from an attorney is important in securing that future investment.  For, ultimately, obtaining disability retirement benefits which could potentially be the primary source of income for the next decade or two, is an investment for the future.

Sincerely,

Robert R. McGill, Esquire