Postal and Federal Disability Retirement: The Agony of Beginning

Somehow, the agony of beginning a process is the most excruciating; why that should be so is a mystery, when the prefatory phase leading up to actually starting and engaging an activity is probably the period where most people experience the greatest anxiety.  By “beginning” is often a milestone of a mental nature, as in coming to a decision to initiate an activity.

Then, the question remains of bridging the chasm between the thought and the physical action of “doing it”.  Thus, one can “decide” to perform X in one’s own mind, but never actually implement any objectively ascertainable steps to manifest any signs of having begun the process in order to reach point Y. Beginning the process must follow a sequence of steps.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important to close the gap between thinking about it, and actually doing it.  Agencies often get frustrated with mere words; they want to see some evidence, some progress; and even if it is information regarding having retained a Federal Disability Retirement attorney, or some communication concerning the process and the progress made, will often delay an administrative action or sanction contemplated.

As OPM takes an inordinate amount of time in making a decision on any given case, it is important to take the necessary initial steps, and to submit a Federal Disability Retirement packet within a reasonable period of time, and to shorten the period of agony and anguish, by initiating the administrative process of Federal OPM Disability Retirement.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: The Frustrating Process

As with most administrative dealings with the government (Federal, State or local), the process itself is a frustrating one.  Filing for Federal Disability Retirement benefits under FERS or CSRS is a process which necessarily entails patience, and along with it, a quiet frustration because of the multiple levels of administrative procedures which one must undergo.  

I recently went and watched the De Caprio movie, Inception, which involves a complex and convoluted plot-line of attempting to convince an heir to a great business fortune, to break up the company.  The way to convince the young heir was to involve him in a dreamworld of mental constructs without his knowing it, and to plant an idea into his subconscious that he should break up the company, and thereby fail to compete with another company.  If the short “telling” of this plot line is confusing and convoluted itself, you may imagine how the movie itself is.  Yet, at an IMAX Theater, it was enjoyable, and my son certainly enjoyed it.  

The point here is that the convoluted process of getting from point A to point B, is to take a simple conceptual paradigm and make it into a confusing morass of a long and involved movie.  Filing for Federal Disability Retirement has that same sense of the absurd; of a process which is convoluted beyond a simple concept; and the waiting part is the most frustrating of all.  Then, when the end comes, either with an initial denial or an approval, it is anti-climactic.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Service Disability Retirement: Termination

Termination by a Federal Agency or the Postal Service can be a trying time, even if it has been a long time in expectancy.  The key is to try and begin negotiating with the agency even before the Notice of proposed termination is issued.  During that period when you know that the Agency is considering filing a Notice of Proposed Termination, is precisely the window of opportunity to try and convince & persuade the agency that the underlying basis of any proposed termination is and should be based upon your medical inability to perform one or more of the essential elements of your job.  This would be done through various means:  submission of medical documentation to your supervisor, agency & Human Resources personnel; addressing key points concerning conduct or performance with medical evidence showing a direct and causal correlation between such conduct or performance with the medical evidence, etc.  If, on the other hand, a Notice of Proposed Termination is issued but one which is not based upon one’s medical condition, that does not mean that the window of opportunity has been lost — it just may mean that the strategy and tactic to try and persuade the Agency to amend the proposed termination may have to be adapted.  The key to all of this is to make sure and aggressively attack, rebut, and answer, at all stages of any proposed termination, in order to gain an advantage for one’s medical disability retirement.

Sincerely,

Robert R. McGill, Esquire