Disability Retirement for Federal Workers: Detracting Deviations

Multi-tasking is a glorified term for describing an ability to competently engage and perform more than one task at a time.  It was once encapsulated in the query:  “Can he walk and chew gum at the same time”?

In the modern age of technology, it has become accepted as a given that such variations of task-tackling is a necessity and conveys evidence of competence.  For, in a world beset with smart phones, computers, laptops, iPads, etc., where the implosion and delivery of information at an instant’s request and access through the push of a button is commonplace, the capacity to respond quickly and sufficiently are considered marks of competent survivability in today’s world.  But there is a growing body of medical evidence that undisciplined response to texting and other forms of technological communication stunts that part of the brain activity which is essential for judgment, focus, attention-span, etc.  The ability to stay focused and not deviate from a singular course of action is also an important tool — even in this day of multi-tasking necessity.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is a necessary component in compiling a successful disability retirement application, to convey an effective case of proving, by a preponderance of the evidence, that nexus between one’s medical condition and the inability to perform one or more of the essential elements of one’s job.

Undisciplined deviation may accomplish a thousand tasks, but if the primary pipeline bursts because a main line was overlooked, such deviation from the primary purpose will have been for nothing.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: Multiple Tracks

Multi-tasking is a relatively modern term, but the substance of which people have obviously been engaging in for centuries.  With the limitations imposed by the human anatomy, as well as the capacity of the human brain to effectively function and respond to stimuli from multiple sources, the problem for the human being arises when a coordinated effort to bombard an individual collectively and from a variety of sources is initiated with a purpose in mind.  Thus, the common idiom, “When it rains, it pours”.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important to distinguish between those actions by the Agency which directly, or even in a peripheral manner, impact one’s Federal Disability retirement application, and those efforts by an Agency which are independently initiated, but have little to do with the Federal Disability Retirement process itself.

Agencies often act without thoughtful coordination, but a coincidence of actions may come about from different branches of the agency, without a connecting coordination between such branches.  Unfortunately, the mere filing of a Federal Disability Retirement application does not necessarily provide a legal tool against an agency; one has various other tools, such as invoking FMLA protection; utilizing the sources of a Union and initiating grievances and administrative appeals; and certainly, one should respond to any agency-initiated actions; but ultimately, the solution to the recognition that one is no longer medically able to perform one’s job, is to prepare, formulate, and file for Federal Disability Retirement benefits from OPM.

That is the ultimate line of protection; that is why the benefit exists for the Federal and Postal employee.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: Thoughtless Agency Actions

The term, “oxymoron” comes from the Greek, meaning “sharp dull” — a phrase or concept which embraces two or more contradictory terms.  When was the last time that the combination of terms, “thoughtful” and “agency” made any sense?  

Thus, it is a waste of one’s time to rant and get upset over an agency’s actions because of bad timing (i.e., to propose a removal during the holidays; to initiate a PIP on the day before Thanksgiving; to suspend a person without pay on a Federal employee’s birthday; and other such coinciding thoughtless encounters).  It is fine to be upset for a moment because of the thoughtless actions of an agency; to continue to heave insults and focus upon the thoughtlessness, however, is a waste of one’s time, and ultimately misunderstands the role, intent and goal of an Agency.  

The reason why “thoughtless” and “Agency” do not ultimately and technically comprise an oxymoron, is because inherent in the very definition of the entity identified as a Federal Agency or the U.S. Postal Service, is the idea that it is indeed a Hobbsian Leviathan which a singular purpose of “doing” something, whatever that “something” is.  

In the administrative process of preparing, formulating and filing for Federal Disability Retirement benefits from the Office of Personnel Management, one should expect that one’s Agency, or the U.S. Postal Service, will engage in multiple thoughtless actions.  That is the innate nature of a Federal agency, or the U.S. Postal Service.  And, inasmuch as Federal Disability Retirement involves medical conditions, a sense that “empathy” and “sympathy” are called for — of a person’s career coming to an end; of an often progressively deteriorating medical condition, etc. — one would think that the agency would consider putting some thought into their actions.  But that would be asking too much.  

Federal Disability Retirement is an option which the agency sees as merely a problematic solution that needs to be dispensed with — yes, an oxymoron, but a truth, nonetheless.

Sincerely,

Robert R. McGill, Esquire

Early Retirement for Disabled Federal Workers: The “Almost” Medical Inability to Perform Termination

Often, Agencies will proceed to propose a removal of a Federal or Postal employee based upon reasons which clearly “imply” one’s medical inability to perform one or more of the essential functions of one’s job, but explicitly, based upon other stated reasons — e.g., “Failure to Maintain a regular work schedule” or “Being Absent Without Official Leave (AWOL)“.

Then, the frustrating scenario is when the Agency — in the body of the proposed removal letter — refers to and acknowledges the existence of multiple medical conditions which form the foundation, reason and justification for being unable to maintain a regular work schedule or being absent from the job (whether with or without official sanction or approval).

The key in such circumstances, of course, is to try and attempt to make the “implicit” (references to one’s medical conditions and their impact upon one’s inability to perform one’s job) “explicit” (having the Agency change or amend the reasons to instead state:  “Removal based upon the employee’s Medical Inability to Perform his or her job”).

Such a change, of course, would be helpful in a Federal Disability Retirement application under FERS or CSRS, precisely because it would invoke the Bruner Presumption, which would then make it that much more difficult for the Office of Personnel Management to deny a Federal Disability Retirement application.  For, that is the ultimate goal:  to obtain an approval of the Federal Disability Retirement application; and any such advantage gained brings the Federal or Postal employee one step closer to that ultimate goal.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Termination (Part 2)

There are times when an Agency will proceed and terminate a Federal or Postal employee based upon adverse grounds — of “Failing to follow proper leave procedures”, for being AWOL, for Failure to do X, Y or Z.  Such adverse actions may be the “surface” reason for the actual, underlying reason — that of one’s medical inability to perform one or more of the essential elements of one’s job.  Once a proposed termination becomes an actual termination, then the course of action to take, of course, is to file an appeal with the Merit Systems Protection Board.  An Administrative Judge can often be of great assistance in defining and narrowing the issues, and in gently persuading and convincing the Agency to consider changing and amending the “surface” reason to the true, underlying reason of medical inability to perform the job.  The goal here, of course, is to do everything to help in “weighting” a disability retirement application in your favor, and while obtaining the Bruner Presumption in a case is not critical, in many cases, it can be helpful.  And the way to get the Administrative Judge on your side, so that the AJ will then try and persuade the Agency to consider amending a removal, is to obtain well-documented, well-written medical narrative reports from the doctors.  As is almost always the case, the underlying basis for any disability retirement application begins and ends with a well-written medical report.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: Be Careful

As part of a Federal or Postal employee’s process of filing for Federal Disability Retirement benefits, one may have to negotiate, respond to, or fight against an unfair Agency’s attempt to remove the Federal or Postal employee — based upon factors other than what is truly the underlying basis — of his or her medical inability to perform the essential elements of the Federal job.  For whatever reason — of incompetence, of pure unkindness, of personal vendettas, etc. —  Agencies will often refuse to remove an individual for the administratively neutral reason (by “neutral”, to mean that it is not an “adverse” action) of “medical inability to perform the essential elements of the job”.  Instead, they will often revert to other reasons:  “excessive absences”, “AWOL”, “excessive LWOP”; “violation of a PIP”, and other such overtly misleading reasons.  When, the truth of the matter is/was, the Federal or Postal employee was sick, has a medical condition, and could not come to work because of medical reasons.  Be careful.  Fight the removal action.  Don’t accept the unfair basis.  File an appeal with the Merit Systems Protection Board.  Remember, a removal for medical inability to perform the essential elements of the job can help you get an approval in a disability retirement application.  Better yet, hire an attorney who will fight for you.

Sincerely,

Robert R. McGill, Esquire