OPM Disability Retirement Attorney: Social Justice

Concurrent litigation entanglements occur often enough; if one has the capacity and ability to compartmentalize life, such multi-adversarial offensives can be effectively coordinated.  At the same time, however, it is important to recognize the folly of spreading oneself too thin; history confirms the defeats suffered at the principle of too much, too soon, as in Germany’s incursion on the Eastern Front while taking on North Africa and the entrance of the United States into a reluctant war.

Strategies of logistical considerations, as well as pragmatic considerations of finances, must always be a factor; thus, for Federal employees and U.S. Postal workers who face a future with an ongoing medical condition which prevents one from performing one or more of the essential elements of one’s job, consideration should be given to concurrent filings.

If an injury or medical condition is “work-related“, there is nothing wrong with filing for OWCP/DOL benefits, while at the same time filing for OPM Federal Disability Retirement benefits.  If both are approved, the Federal or Postal employee has the option of choosing to activate one, and allowing the other to be approved but remain passive.

Filing for Social Security Disability benefits, for those Federal and Postal employees under FERS, is a mandatory requirement during the process of filing for OPM Disability Retirement, anyway, so obviously the concurrent nature of filing is a necessary given.

When considering more far-reaching litigation entanglements, however, such as filing an EEOC Complaint potentially leading to a trial in the Federal Courts, pause should be given, if only because of the statistical disadvantage and high cost of such litigation.  A 2009 WSJ Article found that EEO discrimination lawsuits fared worst in statistical analysis in wins-to-losses ratio, and more recent studies do not provide greater encouragement.

While the recent focus upon the Pao v. Kleiner Perkins case would seem to highlight such statistical disadvantage, at the same time, one must recognize that the particular court case was a gender discrimination case filed and tried in state court, not in Federal Court, and each case reflects the complexity of the uniqueness of a particular set of facts.

The point here, however, is that while statistical analysis certainly can be skewed based upon a multiplicity of complex factors, for Federal and Postal employees who are considering filing for Federal Disability Retirement benefits, a pragmatic assessment should be made which asks, at a minimum, the following:  Do I want to be involved in a protracted litigation with my supervisors, agency and coworkers?  What is the purpose of my filing for Federal Disability Retirement?  Is the cost-to-benefit analysis sufficient in justifying litigation?  What is my definition of “Social Justice”?

For Federal and Postal employees, filing for, and obtaining, Federal Disability Retirement benefits is a practical exit from one compartmentalized stage of life; there is awaiting the next stage, of which Shakespeare reminds us all.

Sincerely,

Robert R. McGill, Esquire

 

OWCP versus OPM Disability Retirement

I still get periodic telephone calls with much misinformation, mixing terms applied to FERS & CSRS Disability Retirement with “Department of Labor Retirement” or Worker’s Comp retirement.  While there are indeed people who remain on OWCP temporary total disability for years and years, OWCP/DOL is ultimately NOT a retirement system.  It is a system meant to pay for injured Federal and Postal workers while he or she is recuperating from an on-the-job injury.

The Department of Labor thus does everything in its power to get the injured worker back to work, by various means:  assigning a nurse to “oversee” the treatment and “progress” of the worker; by sending the injured worker to second opinion doctors to see if there is a medical opinion different from one’s treating doctor; and other means which have nothing to do with the patient’s best medical interests.

I don’t handle OWCP issues; however, because many individuals who file for Federal Disability Retirement benefits under FERS or CSRS have intersecting OWCP issues, also, I have some “on the job” knowledge of such issues.  Ultimately, a worker must decide between the two systems, although one can file for both benefits concurrently, one can only receive from one or the other — not both at the same time.

Sincerely,

Robert R. McGill, Esquire