Disability Retirement for Federal Government Employees: Respites

Preparing, formulating and filing for Federal Disability Retirement benefits from the Office of Personnel Management — if one is a current employee of one’s agency or the U.S. Postal Service or, if separated but it has been less than thirty one (31) days since the separation, then the application for Federal Disability Retirement benefits must be processed through one’s agency; if, on the other hand, you have been separated for more than 31 days, then you must file the application for Federal Disability Retirement benefits directly to the OPM intake office in Boyers, Pennsylvania, which will then be processed and forwarded to the main U.S. Office of Personnel Management in Washington, D.C. — is a process which one should expect will require considerable energy, involving one’s emotional physical, and mental fortitude.  

Filing for the benefit and involving one’s self in the process of the administrative procedure, is rarely — if ever — merely a matter of “filling out forms“.  Yes, there are Standard Forms to be completed (the SF 3107 series for FERS employees; for CSRS employees, SF 2801 series; and the SF 3112 series for both FERS and CSRS employees) — but it is the “connecting of dots” between preparing one’s narrative in the Applicant’s Statement of Disability, the gathering of the medical documentation sufficient to meet the burden of proof of “preponderance of the evidence”, and all of the attendant actions which accompany the creation of the nexus between one’s medical condition and the positional requirements of one’s duties — all of the cumulative aggregation taken as a whole, constitute an imposing, formidable process.  

Fortunately, the Holidays, the weekends, etc., provide a brief respite from such challenges.  But the problem with such periodic and temporary respites, are that they merely serve to remind us that the hurdle still exists, and the process is still to be encountered, and the procrastination of the inevitable must be confronted at some point; and that, in and of itself, is an exhausting thought.  Medical Disability Retirement from OPM is precisely there is provide a long-lasting respite. Delaying by periodic respites only prolongs the time when the true respite, of meaningful duration, may be embraced.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: OPM, Patience & Frustration

After one’s Federal Disability Retirement application under FERS or CSRS has left one’s agency (or, in the case of a Federal or Postal employee who has been separated from Federal Service for more than thirty one (31) days, filed directly to the Office of Personnel Management in Boyers, PA), it then goes to Boyers, PA for the intake processing part of the process.  

Thereafter, a CSA Number (if one is under FERS, the 7-digit number will begin with an “8”, and under CSRS it will begin with a “4”, with the eighth and somewhat irrelevant digit being a “0”), which is the case identifier for all Federal and Postal Disability Retirement applications, is assigned in order to be able to easily reference a case for purposes of discussion, adding or supplementing additional information, checking on the status, etc.  

Once it arrives in Washington, D.C., then the “real” waiting part of the process begins — first, waiting for it to get “assigned” to a Case Worker in the OPM Disability, Reconsideration & Appeals Division; then, once assigned, to have OPM review it.  Sometimes, a piece of information is found lacking or missing, and a letter apprising the Federal or Postal employee of such lack is sent out, allowing for the Federal or Postal employee to obtain such information within thirty (30) days of the date of the letter.  

OPM’s general policy is to try and make a decision on a case within 90 – 120 days of a case being assigned to a Case Worker, but that timeline is a malleable one.  One can easily add another 30 – 60 days to that block of time. What occurs during this block of time?  It is a mystery, remains a mystery, and retains the aura of secrecy and mystery.  

As frustration is the flip-side of the virtue of patience, as an emotional expression, it has little benefit or worth to the human soul.  Expression of frustration should be accomplished in constructive ways, and calling OPM in an angry outburst is not considered one of them.  Constrain the frustration; exhibit the virtue of patience; understand that time is a projection of an expectation of hope in one’s mind, quantified exponentially in a mire of frustration when one does not occupy the void and vacuity of time with other things to do.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: Basic Steps

In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, it is often helpful to know the basic, physical procedural steps of filing.  It is the Office of Personnel Management which has the statutory mandate to make a decision of approval or denial on a Federal Disability Retirement application under FERS or CSRS.

The Office of Personnel Management (OPM) is located in Washington, D.C., with its intake office in Boyers, PA.  Thus, while the latter location is the central processing point where all Federal Disability Retirement applications are forwarded to by the various Agencies across the country, it is the former location which makes the decision of approval or denial on all Federal Disability Retirement applications.  

The various agencies themselves, from all across the United States, must process the applications by all current Federal and Postal employees by filling out certain portions of the application — the Supervisor’s Statement, Agency’s Efforts for Reassignment and Accommodation, Certificate of Service, Disability Retirement checklist, etc.  For Postal employees, the central H.R. Office is located in Greensboro, N.C.  

Once it is processed and routed through the National Finance Office, then it arrives in Boyers, PA where the initial processing of the Federal Disability Retirement packet begins.  From there, it is assigned a CSA Number (for FERS, the number begins with an “8”; for CSRS, it begins with a “4”), and sent down to Washington, D.C.  

For Federal or Postal employees who have been separated from Federal service for 31 days or more, the Federal Disability Retirement application must be filed directly with OPM in Boyers, PA, bypassing one’s former agency.

Some Agencies will have more localized Human Resources departments which comprise varying degrees of helpfulness and assistance; others have centralized H.R. offices with (again) varying degrees of efficiency and effectiveness.  As with all administrative processes in life, it is best to make “human” contact at each stage of the process, wherever possible.

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: The Decision (Again)

Yes, it is a difficult decision to make — to come to terms with filing for Federal Disability Retirement under FERS or CSRS.  It makes it all the more difficult when individuals wait until the last possible minute before calling up the attorney (me) to file for Federal Disability Retirement benefits.  There have been a few times in the past (very few) when I simply could not take on a case with only a week left before the Statute of Limitations runs out.  The only thing I can do at that point is to identify which forms to fill out (however imperfectly), and give the fax number and the address to Boyers, PA for the individual to file. 

Remember the important point:  You can always make factual, medical and legal arguments after you have filed; you cannot make any arguments if you have failed to file on time.  Of course, it comes with the territory — as an attorney who exclusively represents Federal and Postal employees to obtain disability retirement benefits (there are many attorneys who practice Federal Disability Retirement law as one aspect of a larger practice which includes other areas of Federal Employment law), I understand how intertwining the medical condition is, with the anxiety and stress of filing for Federal Disability Retirement benefits, and how procrastination is often part and parcel of the medical condition itself.  At the same time, however, I take pride in doing a good job; I like to service my clients; I like to see the successful outcome.  As such, I am reluctant to take on cases where there is very little time to file.  I have, and will, take on cases where the Statute of Limitations is about to run out, but there must be at least some time left.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: The Time It Takes For the "Process"

Because it is a “process” as opposed to an application to obtain an automatic service, commodity or benefit, a Federal Disability Retirement application necessarily takes time.  It takes time to properly prepare the application; it takes time to have the treating doctors properly address the multiple issues needed in order to meet the legal standards of eligibility; it takes time for the applicant’s statement of disability to be thoughtfully and in a cohesive, coordinated manner be presented in a persuasively descriptive narrative; it takes time for the H.R. office of the Agency, or the H.R. Shared Services in Greensboro, North Carolina, to complete their part; it takes time for the finance office to complete their part; it takes time for Boyers, PA to process and prep the application; then, finally, it takes time once it is sent down to the Office of Personnel Management in Washington, D.C., to receive, review and evaluate the entire packet. 

Further, right now, it just so happens that OPM seems to be “backed up” and, concurrently, has a shortage of personnel, and is taking an inordinate amount of time getting to each case.  As I often tell my clients:  If patience is a virtue, then Federal and Postal employees who file for Federal Disability Retirement must be the most virtuous people in the universe.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: When to File

I still get calls by people who state that (A) they are waiting for a year before they are going to file for FERS or CSRS disability retirement, (B)  It hasn’t been a year since they have been on LWOP, but it almost will be, or (C) They are waiting to be terminated so that their year will begin.  Quiz:  Which of the above (A, B or C) is the correct basis upon which to decide to file for Federal Disability Retirement benefits?  Answer:  None of the Above. 

Since OPM disability retirement can take anywhere from 6 – 8, sometimes 10 months to get (beginning the time-sequence from the time a doctor is contacted to provide a medical report, to putting the entire packet together, to getting it to the Agency Human Resources Personnel, to getting it to Boyers, PA, to getting it to Washington, D.C., to getting an initial approval, etc.), it is:  A.  Not a good idea to “wait a year” because there is no reason to wait; B. You don’t need to wait a year on LWOP to file for Federal Disability Retirement benefits, and:  C.  You don’t need to get terminated, or separated from Federal Service, in order to file for Federal Disability Retirement benefits. 

Let me re-emphasize:  The “1-year rule” has to do with the following:  A.  You have one (1) year from the date you are separated from Federal Service to file for disability retirement — but you can file at any time, whether separated or not, as long as it is not after 1 year after being separated from service.  B. Your medical condition must be expected to last for a minimum of 12 months — but your treating doctor should be able to tell quite easily whether or not the medical condition for which you are being treated will last that long — normally within a couple of months of treatment. 

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: The Process & the Office of Personnel Management

The “British Rule” is that “good manners will always get you through any and every form of trouble.”  The process at the Office of Personnel Management is a long and arduous one.  When the disability retirement packet finally arrives at Boyers, PA, it will often sit for approximately thirty (30) days, before it is finally assigned a CSA number (for CSRS employees, it will begin with the number “4”; for FERS employees, it will begin with the number “8”).  The Applicant will receive a form letter from OPM in Boyers, PA, informing you that you have been assigned a CSA number, and that it has been forwarded to the OPM office in Washington, D.C.  This is when patience and good manners must come to the fore.  Of course, there is nothing wrong with calling OPM and inquring about the status of your case.  However, always remember to be courteous; inquire as to the time-frame that the adjudicating disability specialist is expecting; and ask if it would be okay to call periodically, and to let him/her know that if any further documentation is needed, to give you a call — or, if you are represented, to call your attorney.  Whatever you do, do not get angry, and keep it professional — and courteous.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement: When & How to Act

When people call me to ask if they need legal representation in filing for disability retirement benefits under FERS or CSRS, I try and provide as “objective” an opinion on the matter as possible. I represent hundreds of people in filing for, and obtaining, disability retirement benefits; it is my specialty, and it is how I make a living. At the same time, however, I believe that I can be completely honest in providing guidance as to whether an individual should obtain legal representation, or needs to obtain representation.

For instance, for individuals who have already sent in their disability retirement packets to OPM (via the Agency for those still on the rolls; directly to Boyers, PA for those who have been separated from service for 31 days or more), I normally advise the applicant to wait — wait until a decision has been rendered, and hopefully the individual will not have to expend the funds for attorneys fees, and an approval will be in the mail. On the other hand, every now and then, an applicant who is waiting for a decision from the Office of Personnel Management, will describe the content and substantive materials comprising the disability retirement packet, and certain statements — during a telephone consultation with me — concerning what is stated in the applicant’s Statement of Disability, will give rise to concern, and in those instances, it may be wise to either withdraw the application, or immediately take steps to supplement the disability retirement packet.

Each FERS or CSRS disability retirement packet is unique, because each individual & individual’s medical condition is unique. That’s what makes the practice of law in the field of representing Federal and Postal disability retirement applicants so interesting, and so professionally satisfying.

Sincerely,

Robert R. McGill, Esquire