Medical Retirement for Federal Workers: Stark Reality

Immanuel Kant was an 18th century German philosopher who recognized the imposition of human categories, structures and conceptual perspectives upon the stark reality of the world around us.  Within such levels of an uniquely human perspective, we shape the barren reality and impose our perceptual constructs.

It is not something we have any choice in; by being uniquely human, we see the world in a human way, thereby bringing to it a comprehension and order which our species can embrace, just as other animals may encounter the world from its own unique perspective.  Thus, the world according to Kant became one of bifurcation — between the “noumenal” world which was unfiltered and unknowable, and the phenomenal world of our own “making”.

For Federal and Postal employees who are contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, one must always keep in mind the two parallel universes — the one which we hope for and often “make”, and the one in which we must survive.

When a medical condition impacts a person’s life to such an extent that he or she must contemplate filing for Federal Disability Retirement benefits, the phenomenal world of our making may include:  Hope that the Federal agency will treat us fairly; hope that the medical condition may improve or go away; hope that one’s work will not suffer as a consequence.  But in the stark reality of the noumenal world, one must recognize the unknowable:  Agencies rarely show a sense of sustained loyalty; medical conditions being what they are, will often remain on a steady course of debilitating progressivity; and one’s medical condition almost always impacts the ability to perform the essential elements of one’s job.

Walking about with a uniquely human perspective is something which we cannot help; gliding through life with self-deceptions is something which, while also uniquely human, one cannot afford to engage in for too long.

Sincerely,

Robert R. McGill, Esquire

OPM FERS/CSRS Disability Retirement: The Basis of the Decision

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the basis of decision-making — whether from the perspective of the Federal or Postal employee, or from the Agency in determining actions, potential actions, etc., once they learn about an employee’s intentions; and finally, the decision by the U.S. Office of Personnel Management — can be varied and multiple; but ultimately, all such decisions come down to the validity and force of the information upon which such a decision is made.

Thus, the source and reliability of such information is what is paramount in properly influencing the decision-making process.

For the Federal or Postal employee contemplating filing for Federal Disability Retirement benefits, the widespread complexity of the variegated information must be prioritized:  the extent of the support of the treating doctor; the ability to wait the process out; the financial and economic considerations; the options of whether it is even feasible to remain at a job whose duties require capabilities beyond consistency with one’s deteriorating medical condition; whether in comparison to any “early out” offer which the agency may be making (or perhaps none at all), disability retirement is the better option, etc.  From the Agency’s viewpoint, what extent of loyalty is owed?  Does the Supervisor have the discretionary fortitude to keep the employee on extended LWOP?  And many other decisions to be made.  From OPM’s viewpoint:  Are the elements of the law met?  How compelling a case is it?  And hopefully:  Is this lawyer going to be a headache for us?

Decisions of every and any kind are based upon the efficacy of the source behind such making; thus, the first and foremost basis of a good decision, is to make the best decision of gathering reliable information in order to decide the best course of action.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement Benefits for Federal & Postal Employees: Garnering the Differing Perspectives

There are varying and (sometimes) competing perspectives, which must be garnered for a cooperative totality of perspectives — including the perspective of the Agency, the Office of Personnel Management, the applicant filing for Federal Disability Retirement under FERS or CSRS, and the doctor.

The doctor, of course, is naturally suspicious of the entire process.  That is why it is crucial to explain the process, the distinction between OPM Disability Retirement and other processes such as SSDI and OWCP.

There may even be an underlying hesitation because of the suspicion of a contemplated lawsuit.  If the doctor is a surgeon, he or she might be suspicious that the reason why you are asking for a medical narrative report is because you want the doctor to admit that the prior surgical intervention was unsuccessful, and that such an admission will be used to file a medical malpractice lawsuit.

Without addressing the issue directly, by explaining the process of filing for Federal Disability Retirement — what it entails; what is needed; why and how it is different from other processes — will ultimately benefit the applicant and the entire process by garnering the support of the doctor.  Explanation and understanding is always the best avenue to easing the mind of suspicion.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Choosing the Right Perspective

In filing an application for Federal Disability Retirement benefits under FERS or CSRS, it is important to keep in mind the differing and different perspectives that are involved in the entire process — including (but not limited to) the Agency’s perspective, the doctor’s, the view from the Office of Personnel Management; and not the least of which, is the perpective of the Applicant.  Out of all of the differing and different perspectives, while the applicant may have some persuasive input on the others, there is only one perspective where one has full control and authority over — that of the applicant filing for Federal Disability Retirement benefits under FERS or CSRS.  Thus, with that in mind, the applicant has various choices —  to select a tone, demeanor and approach on a wide spectrum where on the one side is the “purely subjective” and on the extreme other side is the “purely objective” (assuming, of course, that there is such an animal as that called “purely objective”).  This has to do with the tone of the application, which will influence the content to some extent.  More discussion later.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Differing Perspectives

The old adage, “Walk in your fellow man’s shoes for a mile” is a saying which is meant essentially to teach a child (and many adults) to have a different perspective than one’s own, self-centered universe.  In practicing law, it is a good idea to attempt to obtain a perspective from the multitude of differing “shoes” — and this is especially important in putting together a Federal Disability Retirement application under FERS or CSRS. 

The gathering of such differing and different perspectives — that of the treating doctor; that of the applicant; that of the Agency (the Supervisor and the Agency in its determination that accommodation or reassignment is not available or appropriate for a given employee, given the particular medical conditions and the type of positional duties of the specific job which the Applicant must perform, as well as taking into account what constitutes “efficiency” in the Federal Service, etc.); and further, that of the Office of Personnel Management. 

It is the job of the Attorney representing a Federal or Postal employee in preparing a Federal Disability Retirement packet under FERS or CSRS, to pull together the various perspectives; write up and prepare, and gather the information from the multiple and differing perspectives; to neutralize those perspectives which may impact negatively upon the Federal disability retirement application; then to present the fullness of the different perspectives such that it meets the legal criteria and “perspective” of the Representative from the Office of Personnel Management:  that “ultimate” perspective which determines a “yes” or “no” in determining the viability of a Federal Disability Retirement Application.

Sincerely,

Robert R. McGill, Esquire