Tag Archives: providing you with a realistic expectation for your fers disability claim

Federal Employee Medical Retirement: A Wrong Sense of Shame

Having a sense of shame can reveal a heightened level of moral superiority; but as with all things emanating from the Good, those who lack a sensitivity to propriety will take full advantage of a misguided loyalty to ethical conduct.  Work and a duty to one’s vocation is a guiding principle for most Federal and Postal employees.  That is precisely why filing for Federal Disability Retirement benefits, whether one is under FERS or CSRS, is anathema to the Federal and Postal employee.

The committed Federal and Postal employee often has a warped and misguided sense of his ethical duty to work, and will allow for a medical condition to continue to exacerbate and debilitate, at the expense of one’s deteriorating health, all for the sake of commitment, devotion, and high ethical sense of duty to one’s mission for the agency.

Supervisors and managers recognize this, and take full advantage. But the Federal and Postal employee must by necessity understand that Federal Disability Retirement is a benefit accorded to all Federal and Postal employees precisely for the underlying reasons offered: When a medical condition impacts one’s health such that one can no longer perform all of the essential elements of one’s job, the benefit of Federal Disability Retirement is meant to be accessed precisely because it has always been part of the benefits package for all Federal and Postal employees, whether under FERS or CSRS.

Commitment to a mission is indeed commendable; blind devotion at the expense of one’s own health is somewhat less so — unless one counts the sneering approval of agencies who see such sacrifices as mere paths to the slaughterhouse.

Sincerely,

Robert R. McGill, Esquire

 

Federal Gov. and USPS Disability Retirement: Expectations

Expectations are peculiar anticipatory states of being; based upon an accurate assessment of factual considerations, they can comport with a true sense of reality; dependent upon an unrealistic foundation of pure desire and want, it can lead to a devastating loss of trust.  In order to avoid unrealistic expectations, it is necessary to evaluate and assess, as much as possible, facts from past experience, objective present circumstances, and projection of fairly accurate intuitions for the future.

For Federal and Postal workers contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, a realistic expectation as to all aspects and corridors of the benefit itself is necessary in order to survive the entirety of the administrative and bureaucratic ordeal.

From evaluating the strength of one’s medical support, to the ability to convey a persuasive argument and case to an agency which reviews tens of thousands of Federal Disability Retirement cases; from a realistic timeframe of the entire process from start to finish; to financial considerations and future earnings potential and whether one can work in another job or vocation.  All such considerations should be evaluated and discussed.

In the end, however, the Federal employee who is contemplating filing for Federal or Postal Disability Retirement benefits often is confronted with limited choices: to continue working under the same conditions, that is, doing with the same tasks in the same Federal occupation (normally not an option, and that is why Federal Disability Retirement is considered in the first place); to walk away without filing for disability retirement benefits (almost never an option — self-evidently so); or filing for disability retirement benefits (the necessary option, and why it is being considered in the first place).

It is the expectations which often dismay, however, and it is a good idea to keep that animal in a cage of realistic assessments.

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: Burning Bridges and Walking Away

When a Federal or Postal worker suffers from a medical condition — often, silently, and without complaint — and such medical condition(s) impacts one’s ability to perform the essential elements of one’s job, there is often a tendency to engage in desperate acts, such as resigning, walking away from the job, etc.

After so much time has vested, and has been invested, by the Federal or Postal employee in the pursuit of a Federal or Postal career; and after so much stress, anxiety, sometimes intolerable working conditions are endured; or, having expended so much loyalty and exerted so much effort in doing an excellent job for one’s agency, it is a self-contradiction to simply walk away from the Agency without filing for Federal Disability Retirement benefits, especially when such laws governing Federal Disability Retirement were set up precisely for the type of Federal or Postal worker who has performed well, but has come to a point in his or her career where a medical condition has impacted one’s ability to perform all of the essential elements of one’s job.

Perspectives are often “out of balance” when one suffers from a medical condition.  Before taking steps of “burning bridges” and resigning, it is best to consult an attorney and see what the possibilities are for preparing, formulating, and successfully filing a Federal Disability Retirement application under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire
Postal & Federal Disability Lawyer