Federal Disability Retirement: OWCP Independence & Instersection

When Federal and Postal employees call to inquiry about Federal Disability Retirement issues from the Office of Personnel Management, the initial part of the conversation often involves separating the distinction and differences between OPM Disability Retirement and temporary total disability benefits obtained through the Office of Worker’s Compensation Programs, Department of Labor (OWCP/DOL).  

The two are distinct, independent, and do not intersect except when it comes to having both benefits approved — in which case the “intersection” between the two is comprised of choosing one benefit over the other, and allowing the other to remain in an inactive status.  The fact that each is separate, independent and non-intersecting (for the most part), however, does not mean that documentation from one entity cannot be used to prove or otherwise enhance the provability of the other (yes, the double-negative makes it more difficult to understand — but what it means is that you can use documentation from OWCP sources to help prove your OPM Disability Retirement).  

Thus, while there are two separate “language games” (to use a term coined by the 20th Century Philosopher, Ludwig Wittgenstein) involving usage of terms which are somewhat foreign to each other — such as “MMI”, “percentage disability ratings”, whether it is an “on-the-job” injury or not, etc., the fact that OWCP issues embrace a medical condition which impacts one’s ability or inability to perform one or more of the essential elements of one’s job, can certainly be a valuable tool in the arsenal of weapons to be used in proving a Federal Disability Retirement case.  On the other hand, discretion is a tactical tool which also needs to be applied…

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

OPM Disability Retirement: The OWCP Black Hole

Many people rely upon the “generosity” of FECA (OWCP) payments during the period of temporary total disability, and indeed, being tax free and paying 75% of one’s salary (with dependents) or 66 2/3% without, one can easily become reliant upon such benefits. But being on OWCP does not protect the Federal or Postal Worker from being administratively separated from service for extended absences, or for one’s medical inability to perform the essential elements of one’s job, or “unavailability for duty” or other similar basis, to promote the efficiency of the Federal Service.  The agency needs someone to fill the position and do the job.

Normally, at a fairly early stage in one’s period of enduring and suffering from a medical condition or injury, one can assess the nature, extent and severity of the medical condition.  With that in mind, it is a good idea to begin thinking about filing for Federal Disability Retirement benefits under FERS or CSRS.  The security of OWCP benefits is attractive; however, OWCP is not a retirement address.  FECA will “cut off” the benefits at some point — unless you are somehow lost in the black hole of their payment roster, which happens periodically.  However, there are too many horror stories of a Federal employee who stayed on OWCP, was separated from Federal Service, never filed for Federal Disability Retirement benefits within 1 year of being separated, and then one day received a fateful phone call…

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: Interaction with OWCP/DOL

I receive calls periodically as to whether it is of greater advantage to remain on Worker’s Comp (Department of Labor, Office of Workers Compensation Program — “OWCP”) as opposed to going out on OPM Disability Retirement.  My answer remains the same:  OWCP is not a retirement system; OPM disability retirement is indeed that — it is a retirement, where one is separated from Federal Service, and you go out and do what you want to with your life.  Every decision has consequences; every act which we engage in has inherent residual effects, and we have to balance such effects and consequences.  Thus, while OWCP benefits pay a higher rate (75% tax free with a dependent; 66 2/3% tax free without a dependent), there are restrictions:  You must comply with any and all requests (or demands) of the Department of Labor; you cannot go out and get another job, or start another career — because you are deemed “disabled” and are being paid for it.  On the other hand, OPM disability retirement pays less (for FERS, 60% the first year, 40% every year thereafter), but you have the freedom of retirement — you may go out and start another career, and make up to 80% of what your former position currently pays, without losing your disability annuity.  These — and many other factors — are some things to consider when weighing the differences between OPM disability retirement, and receiving OWCP/DOL benefits.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Client

Waiting for the approval/disapproval, the determination, the decision,etc., when the Federal Disability Retirement packet is sitting on OPM’s desk, is a passive modality of existence.  Up to that point, however, it is often a good idea to be actively involved in the process.

Whether having an Federal Disability Attorney or not, it is good to “flag” interim dates, to keep on top of how long it has been since the initial letters have been sent out to the doctors, to call the doctors and (diplomatically) ask for a reasonable time-frame within which to have the medical narrative reports written; to ask whether or not a fee is required to prepare the narrative report, and if so, how much, and if prepayment will expedite the report.

Then, once it arrives at the Agency H.R. people (or, in the case of the Postal Worker, the H.R. Shared Services Center in Greensboro, North Carolina), it is a good idea to periodically call (about every two weeks) to see what stage in the process your application is at.  Thereafter, once it is forwarded to the finance office, then on to Boyers, PA, it is a matter of waiting for the CSA number to be assigned, and then the long, arduous wait.

Sincerely,

Robert R. McGill, Esquire
Federal Disability Lawyer

 

CSRS & FERS Disability Retirement: The Waiting

Yes, filing for, and obtaining, Federal Disability Retirement under FERS or CSRS is a long, arduous, bureaucratic process. It can take 6 – 8, sometimes 10 months from the beginning to the approval of the application at the First Stage. Then, even after it is approved, it can take another 60 days before even the initial, interim payment is received. Further, if it is denied at the First Stage, the Reconsideration Stage can take an additional 90 – 120 days. And of course if it is denied at the Reconsideration Stage, the appeal to the Merit Systems Protection Board can take 120 days or more (with temporary case-suspensions and waiting for the Judge’s decision). Beyond that, any further appeals can take many more months. All of this “waiting” and admonishment of “being patient”, with little or no income, and the anxiety of one’s financial future. There is no argument to be made: patience is necessary for the entire process. I, as an attorney, cannot promise that the “process” will be any smoother or shorter; hopefully, however, I can provide a level of expertise during the entire process, which can lessen some of the anxiety during the long waiting period. As I often say: If patience is a virtue, then Federal and Postal Workers going through the Disability Retirement process must be the most virtuous men and women of the world.

Sincerely,

Robert R. McGill, Esquire