Federal Disability Retirement: Wait-time Extended

The time which takes from the assignment of a case number in Boyers, PA, to a decision rendered by the U.S. Office of Personnel Management in Washington, D.C., has been extended.

Recent articles regarding this issue have been slow to reveal the underpinnings of this growing problem, but the coalescence of multiple factors is making for a mini “perfect storm” of sorts, including:  Budget cuts which have forced disallowance of overtime and further hiring of additional workers; slow response to a progressively impending problem in the past couple of years; the threat of furloughs which restricts options available for OPM to respond; internal moving of offices within the same building at OPM.

Service is the essence of the function of government; when the essential function of government begins to disintegrate, it becomes a reflection on a growing, greater problem.  For Federal and Postal workers who have worked tirelessly towards their day of retirement, and for those Federal and Postal Workers who have been hit with a medical condition such that Federal Disability Retirement benefits is an option which must be relied upon, any extension of time in processing the application for disability retirement is an added burden which places great financial and emotional pressure upon an already-dire circumstance.

Fair or not, the reality of an administrative nightmare is steadily growing.

The good news is that there is such an option as Federal Disability Retirement benefits, and one which is a progressive paradigm for a society which understands that medical conditions may impact the Federal or Postal Worker, but that such medical conditions need not mean that a person is totally disabled — merely that there is an inconsistency between one’s position and one’s medical condition.

The bad news is that the wait-time to obtain such benefits has been somewhat extended.  The solution?  Only that filing sooner than later will place one in the proverbial line of the bureaucratic turmoil, only to slowly march forward towards the desired end.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: The Cumulative Emergency

Most emergencies need not have been; either through preventative maintenance or attending to it through troubleshooting at regular intervals; or by cautiously identifying overt signs of oncoming problems, the vast majorities of apparent emergencies turn into the status of such urgent needs because of neglect or deliberate avoidance.  

That is not to say, however, that once an event reaches a heightened status of requiring an urgent response, that it should not be treated with the appropriate manner of alarm; rather, it is merely a recognition that most emergencies need not have become so.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the best course of action is to attempt to avoid having the entire administrative process become an emergency need.  

In order to practice containment, one must recognize the medical condition, the potential impact of the medical condition; the time when the medical condition begins to impact one or more of the essential elements of one’s job; a carefully prepared plan to initiating the needed conversation with one’s treating doctor; financial planning to weather the long and arduous bureaucratic morass; and an expectation that one’s own agency will not be supportive, for the most part, throughout the process.

Such recognition of some of the bare essentials which comprise the entirety of the Federal Disability Retirement process is easier said than accomplished.  

Life rarely occurs and presents itself in neatly folded stacks of laundered clothing; instead, the more apt analogy is the pile of dirty clothes brought home in a black garbage bag by one’s college son or daughter, with the door opening, a smile on the face, and declaring, “Here, will you take care of this for me”?

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Mistakes Made

There is obviously an assumption to be made that if a case is denied at the initial stage of the process of filing for Federal Disability Retirement benefits under FERS or CSRS, that a “mistake” must have been made.  The mistake, then, is given an opportunity to be “corrected” at the Second, or Reconsideration Stage, of the Federal Disability Retirement process.  Further, if the mistake is not properly corrected, or corrected to the satisfaction of the Office of Personnel Management, and it is again denied — at the Reconsideration Stage of the process — then there is the cumulative assumption that further mistakes were made in the application.  Just as success distinguishes between winners and losers, the general assumption is that a denial by the Office of Personnel Management means that there was something inherently wrong with the Federal Disability Retirement application at its inception. 

Yet, if this were true at each turn, for every case, then there would never be a case where, at the Third Stage of the process, in filing an appeal to the Merit Systems Protection Board, that the Representative from the Office of Personnel Management would not reverse a denial and grant the disability retirement after listening to the legal arguments made by the attorney for the applicant.  Many times, it is the pointing out of overlooked aspects of a case which makes the difference between an approval or a denial — and not necessarily something that is inherently wrong, or that a “mistake” was made.

Sincerely,

Robert R. McGill, Esquire