FERS & CSRS Disability Retirement: The Purposeful Statement

Some narratives are written for the pure beauty of style and art; quiet in tenor, like the bamboo hollow whistling in the serenity of a morning breeze as the sun reaches the crest of the distant mountains, the place where wizards and warlords gather in solemn conferences around a fireplace of cooling ashes.  Then, there are informational pieces — direct lines of communication, shot at the reader like an arrow and with words to pierce the intended audience.

One’s Statement of Disability, written for purposes of inclusion in a Federal Disability Retirement application by the Federal employee or the U.S. Postal worker, and whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset; the admixture of history, story, situation and persuasive argumentation, constitutes the purposeful narrative.  Stories reveal a truism; in the classical sense, a conflict, and an unfolding until it reaches a pinnacle of a resolution.

A statement of disability, written in response to questions posed by the U.S. Office of Personnel Management on Standard Form 3112A, may not yet have a resolution; otherwise, the need for filing for Federal Disability Retirement benefits would be somewhat meaningless.

But be not fooled; the narrative as delineated on SF 3112A, in the Applicant’s Statement of Disability, is a story filled with compelling drama and mixed with facts, circumstances, and contextual significance, no less than the great works of literature or the purposeful articles in technical journals and compendiums of esoteric writings; it is just that the particular narration as detailed on SF 3112A pinpoints a select audience, and is written from the soul of a Federal or Postal employee,  reaching out to a nameless bureaucracy in a world where numbers are assigned to faceless and nameless workers who have toiled for years without accolades and ceremonies, but where need is the basis of the written statement submitted for an approval from the U.S. Office of Personnel Management.

OPM Disability Retirement: The Power of Approval

Whether the Federal agency or the U.S. Postal Service can have a significant impact upon a Federal Disability Retirement application is a question often asked; then, of course, there are always suspicions that certain individuals and entities may try to undermine or otherwise sabotage, out of pure animus and acrimonious low-down-ness (not a legal or technical term, by any stretch of the imagination), by going through “back-door” channels and attempting to influence or otherwise paint a portrait of perverse circumstances.

At best, agencies, individuals and entities of the Federal kind can remain neutral and harmless; at worst, they can allege unspecified and unidentifiable, nefarious circumstances of associated behaviors or conduct issues otherwise unrelated but left to the unimaginative creativity of an OPM administrative specialist.  But then, since those would all be illegal and unofficial acts of retribution and retaliation, they would never be validated nor publicly acknowledged, anyway, and so only the suspicions would remain, without verifiable evidence of ascertained capability to influence or otherwise persuade a negative determination to be reached by the U.S. Office of Personnel Management.

To their credit, OPM asserts complete and total independence, and refuses to allow for any influence but for the legal criteria in evaluating a Federal Disability Retirement application, whether the individual is under FER, CSRS or CSRS Offset, and whether the Federal Disability Retirement application comes from the U.S. Postal Service or from one of hundreds of Federal agencies and departments across the country.

Neither a Federal agency nor the U.S. Postal Service can promise or otherwise grant a Federal Disability Retirement application to a Federal or Postal worker; only the U.S. Office of Personnel Management can do that.  Empty promises aside, whether by implication, inference or alleged influence, OPM is the only entity which can approve a Federal Disability Retirement application.

Yes, agencies can be more helpful than not (though that is rare); agencies can somewhat harm (though a Federal OPM Disability Retirement application is ultimately based upon the medical evidence gathered); and yes, agencies more often than not attempt to undermine rather than assist (despite thousands of Human Resource Specialists across the country claiming otherwise); despite all of this, it comes down to a single entity — the U.S. Office of Personnel Management, and no other agency — which grants or denies an approval for a Federal Disability Retirement application.  As such, beware of promises made; be cautious of settlements reached; and be dubious of claims of egomaniacal exponents of hyperbolic vituperations; they normally amount to the value of the verbal paper they are written upon.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: When It All Becomes Worthwhile

Aristotle’s admonishment of determining too early the virtue and reputation of an individual, can be analogously likened to the state of emotional turmoil we find ourselves in, at any given moment of one’s life.  Happiness is indeed a fleeting state of one’s being; and the history of civilization is one fraught with trembling and fear, with interludes of joyous celebration.

For the Federal and Postal employee contemplating preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the administrative process of the actual filing itself, and the patient waiting for months-on-seemingly-unending-months, is merely a continuation of the trials which the Federal and Postal Worker has had to endure within the context of a history of such trials.

We tend to view life’s events in a vacuum, as picture-perfect albums of lives lived in tandem with our selective memories.  And for evolutionary purposes, perhaps that is the only way we could survive; for, to constantly be reminded of the trials would be to relive the morbid traumas of our lives.

The Federal and Postal employee who has come to a point in his or her life such that filing for Federal Disability Retirement is the only viable option left, must then endure the further trial of waiting upon the U.S. Office of Personnel Management to render its decision.

In the end, when an approval is received, the sigh of relief reverberates to tell of the happiness felt in that moment of jubilation; but silent is the suffering which preceded that fleeting snowflake of time as joy floats soundlessly for a frozen frame of time.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: The Unresponsive Agency

The complaints abound, and continue to exponentially increase; the U.S. Office of Personnel Management is way behind on its evaluation, review and decision-making process for all characters of retirements, disability retirements included.

It is a given that filing for Federal or Postal Disability Retirement, whether under FERS or CSRS, with the U.S. Office of Personnel Management, must necessarily have an expectation of a time-consuming administrative process, precisely because of the encounter with a Federal bureaucracy.  But it seems that each year — nay, each month and week — the delays continue to expand.

At each step of the way, OPM has become more and more unresponsive, and with new cases coming in, the length of time at every stage, and “between” stages, has been extended.  The process itself contains inherent milestones of delay: from filing the entire disability retirement application to a facility in Boyers, Pennsylvania, which merely annotates the receipt of the case and inputs the case into the computer system; to thereafter sending the disability retirement application, with all of its evidentiary submissions and attachments down to Washington, D.C., where it must first await assignment to a caseworker; then, upon assignment, for the caseworker to even get to the applicant’s submission for review and evaluation.  Then, of course, there is the possibility that the entire packet will be selected to be sent out for review by a contract doctor.

The delays are beyond the control of the applicant, his or her OPM Disability attorney, or the agency for whom the applicant worked.  It is, ultimately, an administrative process which can be tedious, time-consuming, and fraught with delays and extended periods of silence.

Patience may well be a virtue, but the unresponsive manner in which the U.S. Office of Personnel Management has handled the delays, fails to engender much confidence in a system which should be most responsive to those in greater need.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: Patience & Frustration

Stories now abound concerning the backlog at the U.S. Office of Personnel Management; and as has been often stated by the undersigned attorney, if the old adage that “patience is a virtue” is truly a truism, then Federal and Postal employees must indeed be the most virtuous of individuals in any given society, because the long wait in order to obtain a decision — favorable or otherwise (and, if the latter, then at least the Federal or Postal worker can assert his or his reconsideration or appeal rights in the matter) — on a Federal Disability Retirement application certainly tests the outer limits of one’s moral character.

The inverse emotional reaction to the moral character of virtue, is the expression of frustration.  Such an expression is the release of irritation, anger, and an overwhelming sense of angst at a system and administrative procedure which follows no rules, acknowledges no time lines, and concedes no boundaries of what a “reasonable” length of time would be defined as.

Then, of course, one always hears of “stories” about individual X who filed and got a decision within a month of a case being assigned; or that individual Y went into bankruptcy while waiting for OPM to make a decision.  It is best to refrain from comparative analyses; such stories, in whatever form and to what extent of truth is contained, will only increase the level of frustration, and further test the moral fibre of virtue.

While there is no single answer to the long waiting period which OPM has imposed upon the process, this much is true:  Approvals are being issued; decisions are being made on a daily basis; it is simply a matter of time.  In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, this period of waiting must be “factored in”.  But when such factoring has occurred, the actual period of waiting is indeed a frustrating part of the administrative process.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: Time, Expectation & Patience

Time is the basis and essence of frustration.  Often, in becoming involved in the administrative process and procedure of preparing, formulating and filing for Federal Disability Retirement benefits from the Office of Personnel Management, whether under FERS or CSRS, the “time factor” is the part which concerns the Federal or Postal employee most.  

During the initial stages of the process, where a certain level of activity is experienced — of requesting the medical documentation and narrative reports from the doctors; of formulating the Applicant’s Statement of Disability (SF 3112A); of submitting the preliminary application through the Agency (or, if separated from Federal Service for more than 31 days, to file it directly with the Office of Personnel Management in Boyers, PA); and then receiving a CSA Number from the Office of Personnel Management, then…the wait.  Activity is the fodder which satisfies time; frustration with time is the chasm between expectation and reality; where there is inactivity, waiting without a specified end in sight is what frustrates most individuals. With the Office of Personnel Management, the greatest difficulty is now in gauging that “end-point”, because OPM continually falls behind in their estimate of time for decision-making.  

The process is a frustrating one; inactivity without an end only exponentially magnifies such frustration.  Ultimately, however, there is no other choice but to wait; for the Office of Personnel Management is the singular arbiter of the decision-making process in Federal Disability Retirement claims.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: The Long, often Frustrating Road to a Decision

It is indeed taking an inordinate amount of time in receiving a decision from the Office of Personnel Management, for a Federal Disability Retirement application under FERS or CSRS.

The problem which has been identified by various personnel at the Office of Personnel Management is that there has been a steady backlog of cases resulting from various factors, including personnel attrition through retirement, transfers, etc., without an adequate rate of substitution or replacement.

This is obviously of great frustration and concern to all Federal and Postal employees who are awaiting a decision from the Office of Personnel Management on his or her Federal Disability Retirement application under FERS or CSRS, but ultimately it must be accepted as part of the bureaucratic, administrative process of filing for a benefit.  

Each of the Claims Representatives at the Office of Personnel Management, when contacted, are clearly attempting to get through their case-loads, but they must review, evaluate and apply a set of criteria in making a determination on each case.  

A denial of a Federal Disability Retirement application only sets back the case further, because it then is transferred to the Reconsideration Section of the administrative process, and is reviewed anew (assuming that the Federal or Postal employee files a Request for Reconsideration within the 30-day timeframe) by a different OPM Representative.  

Frustration is a part of any and every bureaucratic, administrative process; waiting is part of that process; patience is the virtue which must be retained; and recognizing from the outset that exponential multiplication of the waiting period is the best mathematical calculus to estimate the average waiting time, then to attempt to remain productive and busy during such time, is the best (and only) approach to the long and often frustrating road to a successful outcome in preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS.

Sincerely,

Robert R. McGill, Attorney