CSRS & FERS Medical Disability Retirement: Stuck in Time

Each of us embraces an era, a period, a slice of time with which we relate to, have fond remembrances of, or for whatever quirky reasons, possess an affinity or attachment to.   Perhaps it is the Fifties, with its stodgy reputation for conventionalism; or the radicalization of the Sixties; via music, movements, political upheavals or cultural phenomena, certain time periods seem to have a hold upon people, depending upon personalities, upbringing, backgrounds and interests.

There is nothing wrong with such creative time travels; it is a recreational endeavor of which we all engage; of watching movies, about which we read books; or even some will don a piece of clothing, such as a bow tie or a style of shoes.   Enjoying a time period can be a soothing leisure activity, often without being conscious of the affinity and connections itself; but it is when we become stuck in time, that problems arise.

That is often how a medical condition pivots a person; unexpectedly and unpreparedly, a chronic, progressively deteriorating medical condition will freeze a person’s family, career, goals and aspirations in a period of time, unable to get unstuck or have the flexibility and options necessary for forward movement or progress.

For Federal and Postal employees, the alternative of filing for and obtaining Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS, allows for the potential capacity to become unstuck again.

Imaginary time travel, for purposes of recreational activities, can be an enjoyable past time; but when one becomes stuck in time involuntarily and through unforeseen circumstances, getting stuck in time becomes a pathway of unforgiving proportions which must be maneuvered out of.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: Memories

Memories induce a peculiar phenomena; by expunging them, we can perhaps sidestep sadness and loss.  With them, we are left with a lasting image of who we were, who we are, and who we have become, with a hope for recovery when we have lost our “place in society”.

Illness and disability often perverts our memories; the suffering person will often have a misplaced and skewed memory of the person he or she once was.

For the Federal or Postal Worker who is experiencing and undergoing the trauma of a medical condition, such that the medical condition impacts one’s ability to perform all of the essential elements of one’s job, it is often the pervasive memory of a time past, which continues to impede a necessary present course of action.  But before one gets to a critical point of crisis management, it is important to engage a realistic assessment of one’s present circumstances, and determine one’s future course of actions, and not be diverted by the memories of one’s past glory days.

Federal Disability Retirement is a benefit accorded to all Federal and Postal Workers who have the minimum eligibility criteria met (18 months for those under FERS; 5 years for those under CSRS), and should be looked upon as part of one’s total employment benefits, to be utilized when needed.

It is a benefit which must be ultimately submitted to, and approved by, the U.S. Office of Personnel Management.

Consider the future; let not memories of past days confound the need to take direct and proper actions today; for, in the end, there will time to reflect and remember in future days to come.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: Priority and Importance

In preparing a Federal Disability Retirement application under FERS or CSRS, it is important to always distinguish between two conceptual paradigms:  priority of an issue, and the importance of an issue.

While gathering the proper evidence and substantiating medical documentation is of importance, it should not be the priority.  The priority — that which should precede another — should be to take care of the medical condition itself (i.e., to get the proper treatment modalities, to undergo the necessary diagnostic tests, to follow the treatment regimen of the doctor, etc.).

At some point, of course, the question will arise:  Is it time to consider filing for Federal Disability Retirement under FERS or CSRS?  Can I continue to work at my job?  Is my job performance suffering?  At that critical juncture, then the issue of importance may arise.  While priority has to do with that which is first in a series of issues, the concept of “importance” can entail multiple issues all at once.

Once the question of “whether” is answered in the affirmative, then one must begin to approach the doctor for his or her support; to begin to annotate how the medical condition is impacting one’s ability/inability to perform the essential elements of one’s job, etc.  All throughout, of course, the priority of getting the proper medical care is paramount.  Everything else is secondary, but other things can concurrently be of importance.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Affirmative Steps

Being “aggressive” is often a misunderstood concept.  It is often taken to mean, “pushing people aside” or stepping outside the bounds of decency or acceptable behavior.

In filing for Federal Disability Retirement benefits under FERS or CSRS, the concept should merely entail the assertion of one’s rights under the law — of taking those affirmative steps in ensuring the best possible chances of obtaining an approval.  The old adage to a child is:  “Don’t undertake something unless you are going to do it well.”  The same concept applies.

In preparing a Federal Disability Retirement application under FERS or CSRS, whether a Postal employee or a Federal, non-Postal employee, one needs to take the necessary steps in order to ensure the best possible outcome — both before (preliminary steps, which often involves speaking to the doctors), during (reviewing the entire application packet, for instance, prior to submission, for viability and effectiveness), and after (protecting one’s Federal Disability Retirement benefits) the process.

Within the bounds of decency and acceptable behavior, one needs to always be aggressive in preparing for and filing a Federal Disability Retirement application under FERS or CSRS.

Sincerely,

Robert R. McGill, Attorney

 

Federal Employee Medical Retirement: Another Day to Fight

I often tell young people who are contemplating going to Law School that, to become a lawyer, one must accept a life of constant contentiousness.  While “professional courtesy” in the field of practicing law is often spoken about, and courtroom decorum is indeed important to maintain, it is nevertheless a profession which faces controversy, contentiousness, debate, disagreement — and, yes, disagreeableness.

One might think that in the field of Administrative Law, such as Federal Disability Retirement law, where the singular issue is whether a Federal or Postal employee is eligible for Federal Disability Retirement benefits, that the level of confrontation and contentiousness may be limited.  It is not.

This is because the emotional, mental, financial and future security of an individual is at stake.  At any given moment in time, the client who is counting on getting an approval from the Office of Personnel Management, may feel the anguish of the wait.

It is up to the Attorney who represents the Federal or Postal employee to win the fight, and to know that so long as there is another day to fight, there is always a chance that the client will obtain the Federal Disability Retirement benefit that he or she rightfully deserves.  Today or tomorrow is another day to fight, and it is another day of contentiousness which is worth it, because that is what we are paid to do.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Approvals & Disapprovals

Approvals of Federal Disability Retirement applications under FERS & CSRS, for an attorney who specializes exclusively in that area of law, are self-evidently a professionally satisfying bit of news.  If the OPM Disability approval occurs at the initial stage of the Federal Disability Retirement process, all the better; it means that everything was properly prepared and executed. 

Disapprovals, of course, constitute a temporary setback.  It is a disappointment.  Professionally, it means that the Office of Personnel Management found something wanting; it may not be substantive; it may be as simple as the OPM Representative being in a bad mood on a given day. At the same time, it is a challenge for the Attorney — a time to redouble one’s efforts, discern what is needed to win at the Reconsideration Stage, and win the full confidence of the client.  Winning a case only lasts for the day of the win.  Every attorney worth his or her salt wants to win every case. 

Watching the Olympics during these couple of weeks, it is interesting to see how “winning” is an inherently human desire.  But as with everything in life, it is not just winning; it is how one wins.  Watching each athlete conduct him or herself, it is interesting to observe how there are “winners for the moment”, and “winners in a greater-context-of-life”.  This is not to even discuss the “losers” — or those who believed they should have gotten a gold medal, but instead had to “settle” for silver or bronze.  How one loses at anything in life —  a sporting event, a contest, competition, or a legal case — and how one responds to the “loss”, is what is important.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Approaches & Decisions

With each case, a story must be told.  If the case gets denied, normally my approach is not so much that a “narrative” must be retold, but rather, I tend to view the Reconsideration Stage of the Federal Disability Retirement application process more as the “battle” to set the proper stage — to either win at the Reconsideration Stage, or to win at the Merit Systems Protection Board stage.  What is interesting is that, within the three stages of the process (excluding the appellate stages of the Full Board Review and the appeal to the Federal Circuit Court of Appeals), the need to tell a coherent, empathetic, sympathetic and compelling story of a dedicated and loyal Federal employee who suffers from a medical condition such that it impacts him or her from performing one or more of the essential elements of one’s job, comes “full circle”. 

I approach the “Reconsideration Stage” of the Federal Disability Retirement process under FERS & CSRS as the “center point” of battle, in many ways, precisely because it is the step just before taking it before an Administrative Judge at the Merit Systems Protection Board.  It is the place to give the Office of Personnel Management a subtle warning:  This is your last chance before the destiny of the Disability Retirement Application is taken completely out of your hands and control, and placed into the hands of an Administrative Judge.

Sincerely,

Robert R. McGill, Esquire