Medical Retirement Benefits for US Government Employees: The Holidays

The “holidays” — or any respite from the daily treadmill of the repetitive reality of daily living — brings about realizations and gestalt moments of insight, precisely because such moments provide for opportunities of thoughtful reflection.

The modern approach of engaging in conversations and discussion for purposes of “value clarifications” became necessary when a tension occurred within society; where new ideas began to question and challenge the old; when habitual engagements of societal values, ethics and mores began to be undermined by revolutionary approaches, technological advances, and unrestrained actions by youthful movements of protestations and revolts.  Similarly, when time and opportunity allows for reflection and contemplation, certain realizations begin to surface.

For Federal and Postal employees who have been suffering from various medical conditions, whether chronic physical pain which limits movement, flexion and unsustainable capabilities of endurance; or psychiatric conditions which impact focus, concentration, and the ability to engage in cognitive-intensive work; the time of the “holidays” can be a challenge, where it provides for an opportunity to take some time off to rest those tired bones; but also a time of reflection to recognize and realize that one cannot remain on the same treadmill forever.

Federal Disability Retirement is an option which needs to be considered, precisely because it is not an “opting out of life”.  Rather, it is a means of downsizing, recognizing that one’s medical condition is preventing one from performing the essential elements of one’s job, and to seek a change of venue for the future.

The “holidays” are indeed a time for reflection; but reflection, if allowed without subsequent action, is an impotent moment of self-realization.  Be a rebel; grab the opportunity if presented.  That is what the holidays are ultimately for — to reflect and change course.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Characterization of Administrative Actions

Administrative actions are a peculiar thing; from the perspective of the Agency, it will take on a certain meaning; from the view of the Federal or Postal employee, the context and underlying basis often has an explanation which is unspoken.  For purposes of how to address an administrative action in the context of a Federal Disability Retirement application, the issue often comes down to whether or not it is worthwhile to preemptively address the particular action.

Some administrative actions or sanctions can be viewed as reinforcing the medical argument in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, inasmuch as a removal based upon one’s inability to maintain a regular work schedule would tend to show that, if there are concurrent medical documentation which shows that a Federal or Postal employee was determined to be disabled during the time of one’s inability to work, then the argument obviously is that the basis for the removal merely shows that one is eligible and entitled to Federal Disability Retirement benefits.

Then, there are other agency allegations which may imply that a Federal or Postal employee’s separation from Federal service was primarily based upon a non-medical basis, and that filing for Federal Disability Retirement benefits was merely an afterthought to try and game the system.

Ultimately, whether a Federal or Postal employee wants to fight or contest an Agency action is a legal matter, and is often a separate issue from Federal Disability Retirement; sometimes, however, they intersect, and the characteristic of the impact of such intersection often depends upon how one explains it.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: Automatic Pilot

There is the classic story of the man who sued the seller of his Recreational Vehicle:  Having been told that his RV could be driven on “automatic cruise control”, he proceeded to follow the directions, then got up and walked towards the back of the RV in order to make some coffee.  He mistakenly interpreted what the salesman had said, that the vehicle “drives itself”.

While partially true, what he failed to understand is that the “pilot” of the vehicle still needed to steer the vehicle; it was merely the forward motion which was on automatic pilot — not where the vehicle was going.  The two distinguishing features — the “what” of X (the occurrence of a running engine and movement) and the “where” of X (the direction in which the vehicle is going) — should never be confused.

Similarly, the Federal or Postal employee who is contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, should never confuse the fact that he may still have a job, with the danger of not knowing what direction the agency is considering with respect to the employee.

Smiles and inquiries about one’s medical condition are niceties which are often indicators of a deeper motivation.  What the Supervisor “says” in showing concern about one’s medical condition, may betray a directional change which may never be overtly stated.  Waiting to suddenly one day have a collision with the agency may not be the best approach in preparing for one’s future.

While it is true that all Federal and Postal employees have up to one (1) year to file for Federal Disability Retirement benefits through OPM from the date of separation from service, you might consider being the pilot of that endeavor, instead of waiting for a sudden crash with the agency to occur.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Advancing from Thought to Action

In speaking with thousands of Federal and Postal employees, it is the pervasive thread of the final step which emanates from the uniqueness of each case, where the realization of that which separates the personal circumstances from the “rest” of us, can be summarized as follows:  The career of the Federal employee; the dedication and loyalty shown; the acknowledgment of how much our ego, our self-worth, and sense of who we are is dominated by the perception of what we do in the working compartment of our lives; and as Vonnegut said so eloquently, “So it goes”.  

In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, it is that “final step” which is so difficult to take — of transitioning from thought to action, from theoretical construct to practical application; of accepting a diminution, and ultimate elimination, of continuing to engage in that worthy endeavor variously called, “a career”, “one’s profession”, or the answer to the question which every encounter poses:  “So, what do you do?”  And it should be understandable.  

So much of one’s life is taken up by one’s work, that to consider the option because of circumstances beyond one’s control — of a medical condition which has come to impact one’s ability to perform the essential elements of that which defines the Federal or Postal employee — is a difficult step to take.  But it is better to control the options available than to allow for circumstances to dictate one’s future; better to work out a timetable than to submit to an emergency; and better to drive a graceful road, than to be forcibly strapped into a roller coaster.

The step from thinking about filing for Federal Disability Retirement, to acting upon it, is a major event in one’s life.  But to delay, procrastinate, and ultimately allow for others to determine one’s destiny, is an option worse than taking the necessary step.  Indeed, it is no option at all, but an uncontrolled event.

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