Federal Disability Retirement: Those Welcome Distractions

Filing for a Federal Disability Retirement through the U.S. Office of Personnel Management is a step which admits of a stark reality:  One’s medical condition has come to a point of irreversible deterioration, such that the impact upon one’s ability to continue in one’s chosen career now manifests itself to a degree which can no longer be concealed.

Interludes of distractions in life — whether a holiday, a period of inclement weather; perhaps a child’s sports event; or even watching the Olympics on television with one’s family; all such distractions allowed for needed interruptions and delays in facing the harsh reality of one’s situation, and each such delay allowed for procrastination and avoidance of the issues.  But at some point, the decision has to be made, and when one runs out of such welcome distractions, the pragmatic steps in order to successfully file for Federal Disability Retirement benefits must be systematically considered.

How and when to approach one’s treating doctor to garner the necessary support; the timing of informing one’s agency; a careful study of the factual and legal criteria necessary to qualify for Federal Disability Retirement benefits, whether under FERS or CSRS; obtaining legal advice, guidance and representation; the time involved; the costs involved; making the adjustments for one’s future, etc.

Life’s distractions are small pockets of delights; but when the distractions detract from making important decisions, it is time to reconsider the prioritization matrix upon which one’s foundation is built.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: The Calendric Term

The marking of a calendric year, and its end, is traditionally recognized by an enthusiastic celebration embracing drinking, noise and a quantity of hugging and kissing.  Whether the year contains anything to celebrate is irrelevant (some would say that all years, like puppies and aged whiskey, are inherently precious); and some years are magnified by shaping events which deserve greater recognition and celebration than other years, but it seems to matter not to the participatory celebrants.

For the Federal and Postal workers who suffer from a medical condition, such that the medical condition impacts one’s ability to perform the essential elements of one’s job, the day before the end of a calendric year differs little from the day after and the beginning of a new calendric year.

The pain and medical condition fails to recognize the distinction between the before and after.  It is perhaps well that we celebrate when health, time and opportunity allows; for, our time within the confines of a given lifespan is short enough, and every day can therefore be viewed as a moment to celebrate.

For the Federal or Postal Worker who must contemplate filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, however, the time is often dictated by events beyond one’s control, and must be seen not in the light of sequential days on a calendar, but rather, in light of today and what tomorrow might bring, regardless of the month or year.

Calendric bifurcations of time, seasons and years are meant for the sequential thought process; for others who suffer, each day is measured by what the next day will bring.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: Indicators

The technology of automobiles has changed radically in the past 2 decades.  No longer do we rely upon intuition, the automotive “ear” for that strange sound which, when talking to the service department, we attempt with futility to reenact with absurd pitches and tones in an attempt to accurately depict that which fails to occur when brought to the attention of the mechanic.  Instead, there are electronic warning lights and the computer sensors which specifically and with great detail indicate a past occurrence, a present problem, or a needed future course of action.

If the human body is the ultimate composite of neuro-sensors and complexities of the physical, the psychological, and the coalescence of mind, body and soul (including the philosophical “ghost in the machine“), then pain must be the warning indicator for past transgressions, current anomalies, and future need for servicing.  Those who ignore automotive warning signs do so at their peril; similarly, to ignore such signs emitted by the human body and transcribed in no uncertain terms via the daily chronicity of pain, do so with a singular certainty of progressive deterioration and decline.

Ultimately, the decision for the Federal or Postal Worker to file for Federal Disability Retirement benefits, whether under FERS or CSRS, through the U.S. Office of Personnel Management, must be accomplished once warning signs are heeded, and a blunt discussion with doctors, family and friends are engaged; but it is the pure and unadulterated ignoring of all signs which results in crisis and disaster.

The warning signs are there to heed; the future course of action is still left up to the recipient of such indicators.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: The Respite

Then there is the story of the office worker who was called in to discuss certain matters with the boss, and during the course of the conversation, boasted proudly that he had not taken a vacation in five years, thereby intimating his commitment and dedication to the company.

The boss became silent, shook his head gravely, and promptly fired the man on the spot.  In shock and dismay, the young office worker asked in exasperation why the boss would do such a thing, and the older man replied:  “Two reasons.  First, you need a vacation.  Now you have one.  Second, the company cannot afford to keep someone who fails to understand the needs of a human being.”  And so the irony of the young office worker reveals the self-contradiction of so many circumstances.

For the Federal and Postal Worker who suffers from a medical condition, the one truism which stands out is that those who are beset with a progressively deteriorating medical condition, can never take a “vacation” from the condition itself.  Thus, for those who are healthy, we often take for granted our state of existence.

Federal Disability Retirement from the U.S. Office of Personnel Management, whether under FERS or CSRS, allows for the Federal or Postal Worker to have a period of respite, away from those very work activities which continue to exacerbate and compound the problem of the medical condition itself.

It may be that, in the end, there is little or no choice in the matter.

For, either the work will continue to suffer and the Federal agency or Postal Service will terminate the Federal or Postal worker, or the medical condition itself will dictate the terms of work cessation.  In either event, thought should be given to the future, and to a time of recuperative distancing from an activity which cannot continue forever.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Respite and Reflection

Sometimes, it is a positive thing to have a period of respite, in order to engage in a reflective mode of thought.  The “to-do list” is always extensive and pressing; the need to advance, to accomplish, and to complete the pending projects is always in the foreground; but a period of respite and reflection — a pause in the action of life — is a welcomed break.

For those Federal and Postal employees who are contemplating filing for disability retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is often merely an extra day in which to recuperate one’s energies in order to go back to work.  If the Federal or Postal employee finds that the period of a few days off are merely a palliative form of treatment in order to drag one’s self back to the identical state of affairs at one’s Federal position — whether because of chronic pain, or profound, overwhelming fatigue; or perhaps an intractable state of cognitive decline and depression — it is probably time to think about filing for Federal Disability Retirement benefits.

One can “fight the good fight” only for so long.

At some point, the coalescence of the medical condition, the limitation of human capacity, and the self-destructiveness of continuing in a position which is detrimental to one’s health, will come to fruition.  Preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, is perhaps what one should reflect upon during the respite of life.

Sincerely,

Robert R. McGill, Esquire
OPM Medical Retirement Attorney

 

CSRS & FERS Medical Disability Retirement: Happy New Year

For many people, celebrating the “New Year” often encapsulates a parallel time of reflection, of resolutions for change and improvement, etc.  For Federal and Postal employees who are contemplating filing for Federal Disability Retirement benefits under FERS or CSRS, this is a good time to take a personal inventory of one’s future goals, assessing the viability of continuation in one’s position as a Federal or Postal employee, and seeking clarity for future plans and career goals. 

Federal Disability Retirement is simply an option to be considered, if one is finding that one’s medical conditions — whether physical, psychiatric, or a combination of both which exacerbate and feed onto each other — are impacting one or more of the essential elements of one’s positional duties.  Whether in a sedentary administrative, cognitive-intensive position, or mostly a physically demanding job, or even a combination of both, if a Federal or Postal employee is finding that continuation with the essential elements of one’s job is becoming an impossibility, then Federal Disability Retirement is certainly an option to be considered. 

Celebrating the “New Year” should always include taking an inventory for the future.  For Federal and Postal employees under either FERS or CSRS, considering the option of formulating, preparing, and filing a Federal Disability Retirement application should be part of that equation.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: Indicators

If your weekends are spent for the purpose of recuperating just so that you can have the energy, strength, mental acuity, and sustained focus and attention to go back to work on Monday, then it is an indicator that you may need to file for Federal Disability Retirement benefits under FERS or CSRS; if, after each day of work, you are so profoundly fatigued that you end up spending each evening just resting, unable to have any significant recreational enjoyment or time for relaxation, time with family, etc., then it is an indicator that you may need to file for Federal Disability Retirement benefits under FERS or CSRS; if you must take sick leave, LWOP or annual leave every few days, or after a week of work, because you need the time off to recuperate, then that is a further indicator.  Ultimately, each individual must make his or her decision as to the timing and whether one has reached a critical point where filing for Federal Disability Retirement benefits under FERS or CSRS is necessary.  Different reasons for different people; different factors at different times of one’s life. 

Sincerely,

Robert R. McGill, Esquire

Federal & Postal Service Disability Retirement: Right Questions (Part 2)

Beyond asking questions of one’s self (financial; employment; future; whether one will last until regular retirement, etc.), it is also important to take a two-step process in preparing for a disability retirement application:  First, to do your own, independent research (in this day and age, internet research is the obvious first step), and Second, to contact an attorney.  By the time you contact an attorney concerning disability retirement issues, you should already have an idea as to what your intentions are. 

Hopefully, the attorney you contact will be experienced and knowledgeable concerning all aspects of Federal Disability Retirement laws under FERS & CSRS.  There are many attorneys “out there”; some attorneys do work in Social Security, Federal Worker’s Comp, etc.  Other attorneys perform work in various Federal labor matters; and still others perform work in State and private disability insurance issues.  Remember, Federal Disability Retirement is a specific, specialized field of law; it is best to retain an attorney who specializes and focuses upon your specific area of concern.  Finally, in speaking with an attorney, you should come to a point of becoming “comfortable” with that attorney:  and “comfort” comes only as a result of competent and confident advice — advice that is consistent with the facts you have gather from your prior research on the matter.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: The Right Questions

Often, a person who is contemplating filing for Federal Disability Retirement benefits under FERS or CSRS doesn’t know the “right question” to ask in order to make a proper decision.  Because a medical condition often leaves a person with daily and profound fatigue  (both physical and cognitive), it is enough just to get through the day, come home and attempt to recuperate and regain enough strength to try and make it back to work the next day.  Then, of course, there are the financial worries — whether or not the disability annuity will be enough to support a family; whether a person will be able to supplement his or her income with a part-time job in this tough economy; or whether Social Security Disability benefits can be approved and, even with the offset, allow for enough income for some semblence of financial security. 

All of these questions — or concerns — are clearly legitimate ones, and provide a good foundation for determining the viability for filing for Federal Disability Retirement benefits under FERS or CSRS.  But there are others, also:  What will happen if you don’t file for disability retirement benefits?  Will you be placed on a PIP?  Will you receive an unsatisfactory performance rating?  Will you last until retirement age?  If you last until retirement age, will you have the health necessary to enjoy your retirement?  Is it time to start a small business venture in this tough economy, and if so, when the economy begins to recover, will your small business grow with a growing economy?  Will your supervisor support your extended absences or over-use of sick leave for much longer?  Is the work that is getting backed up placing more pressure on you, such that it is exacerbating your medical condition further?  Think through the questions seriously.  It may be time to file for Federal Disability Retirement benefits under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire