OWCP Disability Retirement for Federal Government Employees? Beware the Lull of Complacency

Monotony is a state of being which we often criticize, yet unintentionally seek; for it is that hiatus of quietude which allows for thoughtful reflection, and recuperative islands of serenity, which serves to prevail upon an otherwise maniacal universe of a fast-paced technological world of smart phones, email, and the constant drone of machinery and demands of the modern decalogue.

But the problems inherent with the calm of normalcy is that it serves the unwanted plate of complacency; and it is precisely the latter which then results in procrastination, a sense that things can wait until tomorrow — until that tomorrow leaves us in the throes of yesterday.

And so it is with Federal and Postal employees who remain on OWCP/Department of Labor benefits, where the luxury of being paid 66 2/3 % if without dependents, and 75% with dependents, provides for that period of life when nothing moves and everything remains static, while one attempts to recuperate from an injury or occupational disease.  But as one remains in that island of calm, the world — and time — continues to march on (do the young of today fully understand the metaphor of time in this digital age where the rhythmic constancy of a ticking clock is no longer heard?).

The Federal or Postal employee might receive a notice of separation from Federal Service, but since the OWCP payments will continue, not think twice about such mundane consequences.  But Federal Disability Retirement benefits must be filed for within one (1) year of separation from Federal Service; and when the hiatus of OWCP benefits is suddenly terminated, the world of monotony may turn upside down into one of unintended turmoil, unless a “back-up” system of benefits was applied for.

Reflective moments are a positive thing; inaction for too long, however, often results in atrophy — a state of being which is never a positive one.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Disabled Federal Workers: OWCP & Federal Disability Retirement

Whether or not one remains on Department of Labor, Office of Worker’s Compensation Programs (DOL/OWCP) benefits, of receiving Temporary Total Disability compensation, and for how long, should not be the determining factor as to whether to file for Federal Disability Retirement benefits from the Office of Personnel Management, whether under FERS or CSRS.  

Ultimately, the two systems of benefits and compensation are meant to address two different issues. OWCP is meant to address the issue of a Federal or Postal worker who has been injured on the job, or from an occupational disease, and thus causation is an issue with OWCP compensation and benefits.  Further, OWCP is not meant to be a retirement system — although, in more recent years, the U.S. Postal Service and some other Federal Agencies have started to use it “as if” it is a retirement system for its employees, encouraging the filing for such benefits in order to shed the agency of workers who are not “fully” productive.  

What often happens, however, when a Federal or Postal worker continues to remain on OWCP is that it become a default retirement system.  One can easily become comfortable in receiving the Temporary Total Disability payments, and indeed, because of the high rate of pay and the appearance of greater benefits because no taxes are taken out of the amount paid, one can continue to survive on such payments.  But because it is not a retirement system, the day can suddenly dawn when OWCP finds that the Federal or Postal worker is no longer entitled to such compensation.  For that reason, and sometimes for that reason alone, it is important to secure the benefit of a Federal Disability Retirement annuity.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: OWCP & OPM

The distinction between the Office of Workers’ Compensation Program (OWCP) and Federal and Postal Disability Retirement benefits under either FERS or CSRS from the Office of Personnel Management (OPM) is one which must be clearly made so that a Federal or Postal worker does not confuse the two; for, in confusing the two, there are numerous instances in which the Federal or Postal worker believes that he/she is receiving one or both — as the Statute of Limitations has already run out or is about to run out.  OWCP is a separate, distinct, and independent benefit from OPM Disability Retirement benefits.  

It is administered by the Department of Labor, and is designed to provide for temporary compensatory benefits based upon an on-the-job injury (as opposed to the issue being “neutral” and irrelevant in a Federal Disability Retirement application under FERS or CSRS), or an occupational illness or disease, and is meant to allow for a period of time in which the injured Federal or Postal Worker can recuperate or become rehabilitated, then return back to work.  There is no designated time-frame as to how long a medical condition must last (whereas for OPM Disability Retirement benefits, a medical condition must last for a minimum of 12 months).

The distinctions are important to keep in mind for many reasons, if merely to understand that a person who has filed for OWCP benefits has NOT concurrently satisfied the filing requirements for OPM disability retirement benefits.  One must affirmatively file for,and prove by a preponderance of the evidence, that one is eligible and entitled to OPM disability retirement benefits under FERS or CSRS.  Complacency in the receipt of OWCP payments may shockingly come to an end one day; it is a good idea to prepare, formulate, and file for Federal Disability Retirement benefits under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: The Initial, Reactive Response

When a denial is received at the first stage of a Federal Disability Retirement application process, the initial, reactive response is often one of two avenues, both of which are the wrong paths to venture down:  either a Federal or Postal employee immediately writes an angry, emotional response or he/she gives up and decides that the statements made, the reasons given, etc., in the denial letter from the Office of Personnel Management are too powerful and overwhelming to overcome.  

Both responsive avenues constitute the wrong approach; neither responsive approach reflects the true state of the case.  

While there may be cases where the applicant has failed to make even a minimal attempt at meeting the burden of proof in a Federal Disability Retirement application, such a case is one in which the undersigned attorney has never encountered.  For, there is a presumption (a truthful one, I believe) that filing for Federal Disability Retirement benefits is never out of choice, but always out of necessity.  

Federal and Postal workers don’t file for Federal Disability Retirement benefits without good cause.  In a denial letter from the Office of Personnel Management, the statements made and the claims of rational discourse as to the reasons for the denial, do not mean that they are true.  Just because OPM says so, doesn’t make it true. Careful thought, reflection, and thoughtfulness of strategy in responding to an OPM denial is what is needed.  Do not react — at least, not initially.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: OWCP Disability

Periodically, a telephone call will begin with the statement that the Federal or Postal worker has been on “Disability” for the past _____ years.  The first question that must be asked is, “Are you speaking about OPM Disability Retirement?”  If the answer is one of confusion or lack of clarity, then a further query must be made, trying to establish whether or not the Federal or Postal worker is speaking about receiving payments from the Department of Labor, Office of Worker’s Compensation.

As it turns out, most people who refer to being on “Disability” often mean that they are receiving Worker’s Compensation.  Once this is established, then it becomes important to know whether or not the Federal or Postal Worker has been separated from Federal Service; and if so, when was he or she separated (because if it has been over 1 year, then it is too late to file for Federal Disability Retirement benefits from the Office of Personnel Management).  

Receiving “disability” is often confusing to the Federal or Postal employee.  A revealing fact is when the individual states that the “Agency put me on disability”.  This normally means that the person is on OWCP.  Or, if you are receiving 75% of one’s pay.  Remember that there is a distinction and a difference between OWCP and OPM Disability Retirement.  The former pays well, but may not last forever.  Indeed, if the latter is not applied for within the time-frame allowed, you will be barred from ever applying for it.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: The Strategy of Disheartening the Opposition

When Federal and Postal employees who have filed for Federal Disability Retirement benefits under FERS or CSRS, and have been denied at the initial stage of the process, many are sincerely disheartened.

In my initial contact with the denied applicant, there are multiple levels of reactions, including:  the denial letter points to legal criteria which they were unaware of; it refers to doctors notations which are taken completely out of context; they have completely ignored major portions of what the doctor has stated; OPM points to legal criteria which has been met, but which OPM simply denies that it has been met.

What can be done?  This is the strategy of disheartening the opposition.  In other denials, it is simply a matter of referring to a doctor’s report here, and to a medical notation there; then to simply declare:  You have not submitted sufficient medical documentation and fail to meet the legal criteria to be eligible for Federal Disability Retirement benefits.  What can be done?  No explanation; just scant references, then a unilateral declaration.  Again, this is the strategy of disheartening the opposition.  What to do?  Don’t get disheartened.  Respond.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: 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 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