Federal Worker Disability Retirement: The Impending PIP

The Performance Improvement Plan (otherwise known by the acronym, a “PIP”) is the formal imposition of an administrative procedural process to “assist” the employee into improving his or her specific work requirements, or for modification of certain behavior issues.

From the Federal Agency’s perspective, it invokes a paper trail which will justify additional future actions, if necessary.  From the Federal employee’s viewpoint, it should serve as a warning that unknown other conversations and discussions have been ongoing, and the PIP is merely a surface revelation, with much underworld life and activity unrevealed but indicated by the issuance of the PIP.

If a medical condition is a large part of the reason why underperformance and poor performance justifies the issuance of a PIP, then revelation of the medical condition in response to the PIP should be considered.

Concurrently, because a PIP is an open and declared step towards ultimate and likely termination — especially when the physical or mental condition will continue to prevent the Federal employee from being able to meet the requirements of the PIP — it is a good idea to begin the process of preparing, formulating and filing for Federal Disability Retirement benefits, whether under FERS or CSRS, submitted to the U.S. Office of Personnel Management.

Being a sitting duck merely means that you are the target in a shooting gallery; before your turn comes up, it serves the Federal and Postal employee well to chart one’s own course before it is determined for you.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: Approaching the Entrance to OPM’s Thought Process

The attempt to predict an opponent’s approach in an endeavor — whether in competitive sports; in debate; in an adversarial forum — is a practice which can have favorable results, or one which ends with disastrous consequences.  For the prediction itself must be based upon known factors, such as the applicable standards which the opponent will rely upon, relevant elements which will be utilized, and human, unpredictable quirks which seem to always come into play.

In approaching an opponent, it is always a good idea to study the opposition; but too much reliance upon attempting to out-maneuver the opposition can have the negative impact of taking away from valuable preparation-time one may need in order to prevail.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, many Federal and Postal applicants attempt to analyze the questions posed on the Standard Forms (SF 3107 series for FERS employees; SF 2801 series for CSRS employees; SF 3112 series for both FERS & CSRS employees) perhaps too deeply, in attempting to “understand” the opponent — the U.S. Office of Personnel Management.

Yes, the questions must be analyzed; yes, there is an implicit trickiness to many of the questions (especially on SF 3112A); and, yes, a cautious approach must be taken in answering the questions.  But such caution should never detract from spending the necessary time in preparing the crux and foundation of one’s Federal Disability Retirement application — that of formulating the logical nexus between one’s medical condition and the positional duties which one can no longer perform.

Ultimately, the substance of one’s Federal Disability Retirement application must be given the greatest of focus and effort:  attempting to approach the opponent’s thought processes — in this case, that of the “collective” efforts of multiple individuals at the U.S. Office of Personnel Management — may be an act of futility; better to spend the needed hours solidifying one’s own case than to try and understand an incomprehensible entity.

Sincerely,

Robert R. McGill, Esquire