Federal Employee Medical Retirement: The Misinformation Center

When a government agency provides wrong information, should one be surprised?  Reliance upon a source of information is always a problematic issue; further, there is always a presumption that information issued by the original source should on its face be reliable.

Information obtain from the U.S. Office of Personnel Management on issues of retirement, disability retirement, collateral issues of survivor’s benefits, etc., should by its very nature be reliable because that is precisely the very agency which mandates the regulations and handles all matters concerning Federal retirement, disability or otherwise.  But more and more, phone calls to the U.S. Office of Personnel Management have resulted in misinformation being provided.

There is, of course, always the possibility that the caller misinterpreted what was stated over the telephone; but when such occurrences become regular encounters, one begins to wonder if such a simplistic explanation can adequately satisfy the curious mind.  Unfortunately, there may be a better explanation:  in an agency which is overworked and understaffed, replies to inquiries may come from unreliable sources who are either inadequately trained, lack the necessary information, or simply are discourteous enough to give any answer thought of to get rid of the caller.

Ultimately, the best answer one may rely upon is that which may be subject to accountability — the written word.  For, if information provided in written format on a website — whether on the official agency website, or on an attorney’s website — is relied upon, such reliance cannot later be retracted or dismissed with, “I never said that”, when it shows plainly as the day is bright that the organization or entity is the responsible agent for the information provided.  In the end, a source of information must always be verified based upon multiple elements:  Reliability of the agent; motivation for the information; longevity of accuracy; reputation for having expertise in an area; and multiple other checks and balances.

Making a phone call is a dangerous venture to begin with; for, the voice on the other end is merely that — a faceless voice with no accountability — and the source of information may be coming from a parallel universe of the absurd, called the “Misinformation Center“.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: A Word about Approvals

It is the general policy of the Office of Personnel Management to withhold releasing of information concerning a pending Federal Disability Retirement application, whether under FERS or CSRS, via telephone.  

This is a good policy, in that a potential conflict and mistake can occur between an action taken on a case (i.e., an approval or a denial) and what is inputted into the computer system; or, as has been the case in the past, where the secretary or receptionist divulges the decision over the telephone — and is mistaken.  

Generally, one must wait for the Office of Personnel Management to send the hard copy of the decision on a Federal Disability Retirement application.  Receipt of the actually letter of approval or denial of a Federal Disability Retirement application, whether under FERS or CSRS, from the Office of Personnel Management, constitutes the official notification of the decision on a pending Federal Disability Retirement application.  If the Federal or Postal employee’s representative or attorney receives the decision of approval or denial from the Office of Personnel Management, that also constitutes official notification.  

The problem of telephone notification of an approval is that, if what is told over the telephone differs from the actual notification and decision rendered by the Claims Representative who is handling the case, then obviously that would be an upsetting matter to the Federal or Postal employee who is anxiously awaiting the decision.  

For the Federal or Postal employee who has waited many, many months for a decision on a pending Federal Disability Retirement application from the Office of Personnel Management, waiting a few more days in order to receive the actual approval letter (or a denial letter, whichever the case may be) is well worth the wait.  

It is better to wait a few more days to get the decision in person.  As the old adage goes, “A bird in hand is worth two in the bushes”…

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Decisions by OPM

In making a decision on a Federal Disability Retirement application, whether under FERS or CSRS, the Office of Personnel Management has a policy which essentially refuses to convey the decision over the telephone, and asks that the applicant wait until the letter of approval or denial is received by the applicant.  This is probably a sound policy, despite resulting in a few more days of additional waiting, testing the patience of the Federal or Postal employee who is anxious in anticipation of a favorable decision.  

The problems which could potentially be compounded and exponentially multiplied by an erroneous or contradictory communication between what the OPM worker states over the telephone, and what the decision made by the Claims Representative who is handling the particular case of the inquiring individual, would (and potentially could) unnecessarily complicate matters.  

One assumes that what the Office of Personnel Management is attempting to avoid, aside from privacy concerns of not being able to adequately identify the person on the other end of the telephone, is the potential scenario where the Federal or Postal applicant has been denied in his or her Federal Disability Retirement application under either FERS or CSRS, but is told over the telephone that he or she has been approved, or vice versa.  

Beyond that, however, it is a reasonable policy to have by any Federal agency — for protection of confidential information which only the Federal or Postal employee/applicant and his or her representative attorney should have access to.  While a few more days may indeed increase the anxiety level of the applicant, it is well to try and understand that such a policy of not revealing information to someone who has not been properly identified, is one which the Federal or Postal employee should not get upset with OPM about.  

There are enough issues to be upset with OPM about; protecting the privacy of confidential information is not one of them.

Sincerely,

Robert R. McGill, Esquire