Federal Employee Medical Retirement: Lives of Trepidation

Most of us live lives of subtle trepidation.  Whether borne of childhood experiences of insecurity or fears, psychologists and mental health professionals can perhaps shed some light upon a theory or proposed paradigm of explanatory adequacy.

In adulthood, it turns to reticence and self-limitations, where avenues are deliberately avoided and potentialities remain consciously unfulfilled.  It is all well and good for others to declare such pithy catchphrases, such as, “There is nothing to fear but fear itself,” and other such banners and choruses intended to lift up one’s spirits; but the reality of the harsh world around us more often than not confirms, magnifies and reinforces the very fears and anxieties which limited us in the first place.

Thus does one begin life with inborn fears, and stumbles about and experiences confirmations by the harsh reality which we encounter on a daily basis.

Medical conditions, whether physical or psychiatric, tend to magnify and delimit those subtle trepidations.  For the Federal and Postal Worker who finds him/herself with a medical condition which impacts one’s ability and capacity to perform the essential elements of one’s job, Federal Disability Retirement benefits, filed through the U.S. Office of Personnel Management, whether under FERS or CSRS, may be the best option and choice to take.

It is perhaps one avenue where a benefit does not confirm one’s subtle trepidations of life, but rather, counters it by allowing for a modicum of security, while pursuing another vocation, and concurrently allowing for that rehabilitative period of quietude in order to recover from one’s medical conditions.

It is well that such a benefit exists for the Federal and Postal employee; for, as a subset of the greater society which has no such availability to the benefit provided by Federal Disability Retirement, the “rest of us” must trudge along with those subtle trepidations and make our way in this harsh reality of our own making.

Sincerely,

Robert R. McGill, Esquire

OWCP & OPM Future Reviews

There are horror stories:  of people on “disability” who are watched and video-taped, and after having 500 hours of taping, it is edited to show that, within a 2-minute period, it is revealed that you can indeed perform physical feats which your medical disability should restrict.

As an attorney who receives daily inquiries concerning Federal Disability Retirement benefits under FERS & CSRS, people relate such fears to me.  However, I am quick to remind such callers on two (2) matters:  First, such stories relate almost exclusively to Federal OWCP cases, which have nothing to do with Federal Disability Retirement under FERS or CSRS, and Second, the people I represent have legitimate medical conditions which impact and prevent one from performing one or more of the essential elements of one’s job.

There is also an additional Third element in the issue, Federal Disability Retirement annuitants are allowed, under the law, to go out and get another job, and to work and make up to 80% of what his or her former position currently pays.

Now, obviously, any such job should be essentially different, in many ways, from the former job.  But the point is that the medical disability under FERS or CSRS is intimately wedded to a particular job, and the inability to perform the essential elements of that particular job.  That is where the difference lies between Federal Disability Retirement rules under FERS & CSRS and OWCP cases — the former allows one to continue to remain productive in the workplace; the other does not.

Sincerely,

Robert R. McGill, Esquire