OPM Disability Retirement: Alternatives and the Sense of Guilt

In the course of speaking with thousands of Federal and Postal employees over the years, with those who are contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, both under FERS & CSRS, two prevailing themes often overshadow the discourse:  the sense that there are few alternatives left because of the impact of one’s medical condition upon one’s ability/inability to continue to pursue the intended career-course of one’s life; and secondly, a sense of guilt (or sometimes interpreted as shame) that such a course of action triggers.

The former response (that there are limited alternatives remaining) can often be resolved by a change of perspective:  To accept one’s medical condition, while difficult, is a reality which must be embraced, and in doing so, to be open to a change in vocation and previously-set view of where one wants to go in life.

The latter — of having a sense of guilt or shame for considering the course of filing for Federal Disability Retirement benefits — is often a result of misunderstanding the option of Federal Disability Retirement.  For, Federal Disability Retirement under FERS or CSRS is merely part of one’s compensation package which one signed onto when you became a Federal or Postal employee.  It is not an acceptance of defeat; it is not a resignation from one’s goals; rather, it is an avenue to embrace a course of rehabilitative stage of life in order to be able to recover sufficiently to pursue a different vocation and a different course of action in one’s life.

To remain steadfast and have a sense of fidelity is indeed an honorable thing; but to remain steadfast on a train bound for disaster, is merely a stubborn trait of foolhardiness.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Passionate Doctor

The doctor who is most supportive of an OPM Disability Retirement application under FERS or CSRS is often the one who understands the “fine print” of what it means to be “disabled” under FERS or CSRS.  That is precisely why the Standard Form 3112C (Physician’s Statement) is often a harmful form, rather than a helpful form.

There are other reasons why the form should never be signed or submitted, but it is enough that it not only tends to confuse the physician, but also does not properly explain to the treating physician the criteria and the underlying meaning of what is necessary to qualify for OPM Disability Retirement benefits.

Generally speaking, doctors are not very passionate about turning in their patients over to the gristmill of the disabled, thinking that putting a person out to pasture is not only medically unnecessary, but ultimately detrimental to the psychological and physical well-being of a patient.

But when it is properly explained to the doctor, in easy and understandable terms, what and why the benefit of Federal Disability Retirement under FERS and CSRS exists, and to inform the doctor of the benefit to the patient, then it is quite possible to have not only the technical support of the doctor, but more importantly, to garner the passionate support of the doctor as well.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: The 80% Rule

I recently wrote an article on FedSmith.com concerning the legal process of filing for Federal Disability Retirement benefits under FERS or CSRS, and a reader posted a comment implying and suggesting a lack of understanding about a benefit which would allow for payment of 40% of the average of one’s highest three consecutive years, and in addition, to allow for that annuitant to make up to 80% of what the former federal position currently pays.

I beg to differ. The purpose of allowing an annuitant to potentially go out and earn additional compensation in the private sector are multi-fold: it allows for an individual to remain productive; he or she continues to contribute in the workforce and, as a consequence, pays taxes, FICA, etc.; the amount of 40% (after the first year) is an incentive to go out and do something else. Further, Federal Disability Retirement benefits are part of a compensation package offered to a Federal or Postal employee — it is part of the total employment package, and there is certainly nothing wrong with taking advantage of that employment benefit if and when the need arises. The truth is that most people don’t get anywhere near the 80% mark, but hover closer to the 40 – 50% mark, and together with the disability annuity, are able to make a decent living. All in all, the 80% rule is a smart and thoughtful incentive for those who are disabled.

Sincerely,

Robert R. McGill, Esquire