Federal Disability Retirement Benefits for Federal & Postal Employees: Always the Initiator

In preparing, formulating and completing a Federal Disability Retirement packet under FERS & CSRS for the Office of Personnel Management, it is important to always be the initiator of all issues, real, implicit or potentially existing.  Nothing should ever be “hidden”.  To hide is to admit that something is wrong; to paraphrase a Shakespearean verse, to object too strenuously is to admit to something that you think needs objecting to.  Or, to put it in elementary terms, honesty is always the best policy

Aside from the obvious penalties for lying upon a Federal Application for Disability Retirement benefits under FERS or CSRS, there is the practical reason:  rarely is an issue of such ominous importance that it would preclude a Federal or Postal employee from obtaining Federal Disability Retirement benefits under FERS or CSRS.  Certainly, some issues can become temporary impediments; other issues — often relating to performance issues, misconduct during Federal Service, a perception that an employee did something “wrong” — will lead a potential applicant for Federal Disability Retirement benefits to “color the truth” in an application for Federal Disability Retirement.  There is no need.  Certainly, some issues need to be highlighted more than others, and other issues need to be left in the periphery; but openness is the best policy, and honesty is always the only avenue to success.  It is merely how you state it, that matters.

Sincerely, Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Changes

Changes in life occur at critical times, and whether the critical time-period is determined by the medical condition, or other events, what is always important is to take the affirmative steps yourself, as opposed to waiting for events to spiral out of control.  Rarely should one await for the Agency to “do something” which is advantageous to one’s situation.  In filing for Federal Disability Retirement benefits under FERS or CSRS, it is important to always be the one to take the lead on everything — from obtaining the proper medical documentation, to ensuring that the Agency is completing their portion of required forms, to making sure that a Federal Disability Retirement packet is fully and completed formulated, such that it will prove one’s case by a preponderance of the evidence and meet the legal criteria for an approval.  Time is of the essence in each Federal Disability Retirement case, especially when time conspires against one’s own interests.

Sincerely,

Robert R. McGill, Esquire

Federal & Postal Disability Retirement: The Futility of Waiting for an Agency

In Federal Disability Retirements, the general rule is as follows:  waiting for your agency to act in some way that may prove to be beneficial to your case, is an act of futility.  Whether it is to wait for a performance appraisal; whether to see if the Agency will accommodate you, or not; whether you are waiting for a response from your Supervisor to see if he or she will support your Federal Disability Retirement application, etc. — in the end, a disability retirement application under FERS or CSRS is a medical issue.  It is not an “Agency Application for Disability Retirement”; it is not a “Supervisor’s Application for Disability Retirement”.  It is a medical disability retirement, inseparable from the Federal or Postal employee who is filing for the benefit.  As such, the proper focus should be placed upon the sufficient and substantiating medical documentation.  If the medical documentation, combined with the applicant’s statement of disability, are persuasive with respect to the correlative force of being unable to perform one or more of the essential elements of one’s job, then such a combined force makes all other issues essentially moot and irrelevant.  Don’t wait upon an agency to act; to act affirmatively without depending upon the agency is always the best route to follow.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: When to File

I still get calls by people who state that (A) they are waiting for a year before they are going to file for FERS or CSRS disability retirement, (B)  It hasn’t been a year since they have been on LWOP, but it almost will be, or (C) They are waiting to be terminated so that their year will begin.  Quiz:  Which of the above (A, B or C) is the correct basis upon which to decide to file for Federal Disability Retirement benefits?  Answer:  None of the Above. 

Since OPM disability retirement can take anywhere from 6 – 8, sometimes 10 months to get (beginning the time-sequence from the time a doctor is contacted to provide a medical report, to putting the entire packet together, to getting it to the Agency Human Resources Personnel, to getting it to Boyers, PA, to getting it to Washington, D.C., to getting an initial approval, etc.), it is:  A.  Not a good idea to “wait a year” because there is no reason to wait; B. You don’t need to wait a year on LWOP to file for Federal Disability Retirement benefits, and:  C.  You don’t need to get terminated, or separated from Federal Service, in order to file for Federal Disability Retirement benefits. 

Let me re-emphasize:  The “1-year rule” has to do with the following:  A.  You have one (1) year from the date you are separated from Federal Service to file for disability retirement — but you can file at any time, whether separated or not, as long as it is not after 1 year after being separated from service.  B. Your medical condition must be expected to last for a minimum of 12 months — but your treating doctor should be able to tell quite easily whether or not the medical condition for which you are being treated will last that long — normally within a couple of months of treatment. 

Sincerely,

Robert R. McGill, Esquire