Federal Worker Disability Retirement: Proactive Development of a Case

The problem with medical conditions is that we tend to regard them passively, as recipients of service at a restaurant, or as victims of an automobile hit-and-run.  There is some limited truth to such a perspective; for, as medical conditions come upon us without notice or invitation, we are merely recipients of a condition of that which we never asked for nor desired. But once it becomes an existential fact, and one which becomes chronic and somewhat irreversible, then the subsequent methodology of what we do with the medical condition becomes the responsibility of the bearer of such bad news.

For Federal and Postal employees who suffer from a medical condition such that the medical condition(s) prevents one from performing one or more of the essential elements of one’s job, whether under FERS or CSRS, consideration must be given to filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management.

Passivity in life will only engender magnification of inactivity; and as one must affirmatively prove by a preponderance of the evidence one’s Federal Disability Retirement case, sitting idly by as one’s agency takes steps to increase the penalties of unsatisfactory performance via leave restrictions, a PIP, suspensions, or other adverse actions, including removal from Federal Service, is simply an ineffective way of formulating and developing one’s Federal Disability Retirement case.

Case development requires a proactive stance; inactivity will only feed upon the devastating medical condition already suffered.  Being a victim of a disease or injury once is bad enough; let not the occurrence be magnified by compounding the problem through inactivity and passivity.

Sincerely, Robert R. McGill, Esquire

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

As in all areas of law, a truism which may be applicable to a particular kind of practice of law applies both generally, as well as specifically to the process spoken of.  That is the nature of what constitutes a universal truth.  In filing for Federal Disability Retirement benefits under FERS & CSRS, the governmental agency which makes the decision in a case (the Office of Personnel Management), will often communicate directly with the applicant regardless of whether the applicant is or is not represented by an Attorney.

Indeed, OPM will often go so far as to completely ignore the attorney, thereby failing to send a copy of the decision letter, or to request additional documents.  All such communication is directly to the applicant/client first and primarily, without regard to the representing attorney, in many cases.  With that in mind, it is very important that the applicant communicate with the attorney.  Further, because the Office of Personnel Management is a Federal Agency which oversees thousands of cases, files will often sit dormant on some desk, or letters and decisions will be sent out without checking on updated addresses, etc.

Because of this, it is important that a total effort in communication be engaged in, which means:  communicating with one’s attorney on any correspondence or contact with the Office of Personnel Management.  A Federal Disability Retirement case under FERS or CSRS must be a “total effort”; it is ultimately the responsibility of the applicant, in the eyes of OPM, to respond properly.  The attorney in a Federal Disability Retirement case may have the technical knowledge on how best to approach a case; it is the applicant who must still continue to be engaged in the process, in order for the entirety of the process of be workable.

Sincerely,

Robert R. McGill, Esquire