Medical Retirement for Federal Workers: Preserving One’s Rights

Often, loss of vigilance occurs as a result of the relief of attaining something; once gotten, the fight to get it suddenly disappears, and the overwhelming sense of relief is likened to the response of a balloon which deflates upon a pinprick.

But vigilance is the key to ongoing success.  There is never a time to be nonchalant; to attain is merely another step in a process, and that process must be fought for just as diligently as during the time of fighting to reach a goal.

For Federal and Postal workers who are preparing to file, or who are in the process of filing, for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the goal of getting an approval from OPM for a Federal Disability Retirement is merely an intermediate step.  Once attained, the goal is to preserve and to protect.  Fortunately, that is a fairly simple matter — one of maintaining regular contact with one’s doctor; of making sure that one’s doctor will continue to support one’s case in the event that the Federal or Postal annuitant receives a medical questionnaire from OPM.

OPM disability retirement is not like OWCP; because you are allowed to work at other employment and make up to 80% of what your former job currently pays, there is normally nothing wrong with engaging in normal activities which would violate any rules (unlike OWCP cases, where investigators will often videotape individuals to show the engagement of activities contrary to medical restrictions, etc.).  But let not victory lead to lack of continuing vigilance; as that which was won can only be maintained with an attitude similar to keeping to the path which guided one to achieve the goal in the first place.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Post Disability Retirement Issues

Often, there is a collective sigh of relief once a Federal Disability Retirement application is approved, such that the newly designated and identified Federal Disability Retiree or “annuitant” forgets that, just as it was important to be scrupulously vigilant in attempting to obtain Federal Disability Retirement benefits, so it is just as essential to remain attentive in maintaining and retaining the benefit itself.

Thus, the Federal Disability Retirement annuitant should presumptively expect to be selected in the future to answer a Medical Questionnaire.  Such presumption of receipt will enable the former Federal or Postal Worker to keep the necessary focus, and thus the benefit.  It will often come every 2 years or so, if at all, and will request an update of the status of the medical condition, the prognosis, and whether the annuitant has recovered sufficiently to return to one’s former job, or any similar job that the Federal Disability Retirement annuitant worked at previously.

It is therefore important to continue to foster, maintain or establish anew the doctor-patient relationship, such that if and when a Medical Questionnaire is received, the entire process does not become an unforeseen emergency.  Preparing, formulating and filing for Federal Disability Retirement benefits required a significant investment of one’s energy, time, savings, and attention; vigilance in continuing to retain such a benefit deserves no less.

Sincerely,

Robert R. McGill, Esquire