Federal and Postal Disability Retirement: Weeds in Our Lives

Weeds are irritants.  Ecologically, they contain erosion and the loss of soil; but in the suburban paradigm of our lives, they represent the unruliness in an otherwise pristine and antiseptic face-lift of our artificial lives.

Weeds also represent an unwanted intrusion into the image we create; further, they have deep roots, and even if torn out and discarded, have the ability to regenerate.  In that metaphorical vein, they stand for the very things which we desire to uproot, but continue to cling to, despite our best efforts.

In considering the option of filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the Federal or Postal worker will often cling to the weeds which have overwhelmed one’s life.  Once, perhaps, in years gone by, such weeds may have been the beautiful flowers one had planted and tended to with affection and care; but the weeds have now invaded and enveloped the areas which once were the showpiece of one’s life.

The acknowledgement itself may be the most difficult; to admit that one’s career, job, vocation, etc., with the Federal Government or the U.S. Postal Service is now the weed which must be uprooted and discarded, is often the most trying and difficult of decisions to make.  But like the weed with the vast and endless root system beneath the terrain of appearance, merely breaking off the stem will not solve the problem.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Three-Day Weekend

For Federal and Postal employees contemplating filing for Federal Disability Retirement benefits under FERS or CSRS, the 3-day weekend is a time of respite, recuperation and intermediate period of temporary time-out, in order to regain the energy and sustained endurance to go back to work.  

Pain is a chronic state of being which results in profound exhaustion and fatigue just to fight against it and to attempt to minimize it on a daily basis.  For psychiatric medical conditions, Major Depression, Anxiety, panic attacks, and a host of other conditions and symptoms, are not something which one can simply “will” to overcome.  

Often, the question still is posed whether or not psychiatric conditions are denied by the Office of Personnel Management at a greater rate of consistency than physical medical conditions.  Fortunately, the stigma of psychiatric conditions has diminished.  Whether for physical medical conditions or psychiatric medical conditions, the standard to be met in preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS is the same applicable standards of proof.  

For the 3-day weekender, however, the standard of proof is an irrelevancy, because the time of recuperation is merely temporary, and the cyclical requirement to return to work in a state of exhaustion, pain, or cognitive turmoil must begin anew with another work day.  It might be time to consider filing for Federal Disability Retirement benefits under FERS or CSRS if you find yourself in that state.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Time to Make the Decision (Part 2)

The medical condition known as “Fibromyalgia” is analogous to the manner in which Federal and Postal employees approach the decision-making process in filing for Federal Disability Retirement benefits under FERS & CSRS.  Let me explain:  Fibromyalgia, as the Office of Personnel Management often likes to characterize, often manifests itself with chronic and diffuse pain which “waxes and wanes” — meaning, in simple terms, that there are good days and bad days; days when the pain is unbearable, excruciating and debilitating; and days when one can “manage” the extent of the pain and mental dysfunction and confusion. With that context, the Office of Personnel Management often tries to argue that it is not “so bad” as to qualify for Federal Disability Retirement benefits under FERS & CSRS. 

By analogy, people with all sorts of medical conditions — from physically debilitating neck and back pain; from Orthopaedic injuries, arthritis, chronic pain, visual impairment, etc.; to psychiatric disabilities of Major Depression, anxiety, panic attacks, PTSD — some days, one can seem to manage the disability; on other days, one cannot get through the day, let alone perform the essential elements of one’s job.  But deep down, one knows that one cannot continue forever on the same course.  To continue is to slowly wither away by a thousand cuts, one cut at a time, one cut per day.  And so, just as the Office of Personnel Management is plainly wrong (for Fibromyalgia is a chronic and debilitating medical condition which clearly qualifies for disability retirement), so the person who procrastinates in making the decision to file for Federal Disability Retirement benefits under FERS & CSRS is simply waiting for the inevitable.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: The Time to Make the Decision (Part 1)

Waiting until the last possible moment to start the process to file for Federal Disability Retirement under FERS or CSRS may be commendable from the Agency’s viewpoint — but is it smart?  If you are a Federal or Postal employee with multiple years of service, and you believe that because you gave your life, your blood, your sweat, tears, and even your firstborn, that therefore you will receive what I often term as “bilateral loyalty” (i.e., an expectation of receipt of loyalty from your agency for having given your undying loyalty to them throughout the years), you might want to reconsider.

If you are exhausting all of your sick leave, using your annual leave, dipping into your TSP in order to “hope” that you will recover from your continuing medical condition, then come to a point where you need to file for Federal Disability Retirement under FERS or CSRS, then come to realize that you must survive for 6 – 8 months, or even longer, and pay an attorney, pay for medical reports, and _______ (here, you may fill in the space yourself), then you may need to re-think the entirety of the process, the time it takes, etc.  Most people know, very early on, whether or not he or she has a medical condition which will last for a minimum of 12 months.  The time to start planning for the future is now.  As a famous football coach once quipped, “The future is now.”

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Day after Christmas, and Beyond

Unfortunately, we tend to focus up specific days and events, and overlook the “greater picture” in our daily lives; and so it is with Christmas, and New Years, etc.  Christmas is a day of great importance; it represents a day marking the beginning of one’s faith; and the “New Year” often marks a dividing point where resolutions and “new beginnings” are contemplated.

But for Federal and Postal employees contemplating Federal Disability Retirement under FERS & CSRS, the underlying and chronic medical condition continues to persist with or without any specific date.  And so, when the focus upon a specific date comes and goes, and one realizes that the time with family and friends has not solved the underlying problem of medical condition, work, the future and what to do, then the problem of procrastination — of ascribing another “future” date to look forward to, without attending to the immediacy of the problem at hand, continues indefinitely.

It is always important to affirmatively take hold of one’s situation, and begin to systematically make decisions, and to segregate the multiple and complex problems surrounding medical disabilities and their attendant problems, and to make decisions on one problem at a time.  It begins with making the first decision.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: Indicators

If your weekends are spent for the purpose of recuperating just so that you can have the energy, strength, mental acuity, and sustained focus and attention to go back to work on Monday, then it is an indicator that you may need to file for Federal Disability Retirement benefits under FERS or CSRS; if, after each day of work, you are so profoundly fatigued that you end up spending each evening just resting, unable to have any significant recreational enjoyment or time for relaxation, time with family, etc., then it is an indicator that you may need to file for Federal Disability Retirement benefits under FERS or CSRS; if you must take sick leave, LWOP or annual leave every few days, or after a week of work, because you need the time off to recuperate, then that is a further indicator.  Ultimately, each individual must make his or her decision as to the timing and whether one has reached a critical point where filing for Federal Disability Retirement benefits under FERS or CSRS is necessary.  Different reasons for different people; different factors at different times of one’s life. 

Sincerely,

Robert R. McGill, Esquire