Federal Employee Medical Retirement: Back to Fundamentals

In any endeavor, concern or current focus of attention, one can become embroiled in the morass of complexities which comprise the peripheral penumbras of the issue, and disregard the fundamental essence of the matter.  In proverbial terms, it is to overlook the individual trees while viewing the generality of the forest.  So, back to basics.

In a Federal Disability Retirement application, a person who is under FERS (Federal Employees Retirement System — normally those who entered into the Federal Workforce sometime after 1985, and who have a Thrift Savings Plan and contribute to Social Security) or under CSRS (Civil Service Retirement System — pre-1985, with no TSP) may become eligible for Federal Disability Retirement benefits, but must have the following minimum eligibility criteria met: under FERS, you must have at least 18 months of creditable service; under CSRS, you must have at least 5 years of creditable service.

There is a hybrid status applicable for some, called CSRS-Offset, also.  Once that eligibility criteria is met, then the Federal or Postal Worker can take the next step in determining whether one may want to proceed, by asking the following questions: Do I have a medical condition? Does that medical condition prevent me from performing one, if not more, of the essential elements of my position? What are some of the essential elements of my position which I cannot perform? Do I have a treating doctor who will be supportive of my case (remember, this is a medical disability retirement; as such, one must be able to establish through proof of medical documentation, that the medical condition impacts one or more of the essential elements of one’s job)?

These are some of the preliminary, basic questions which should be asked and answered, in order to begin the process of determining whether Federal Disability Retirement is the best pathway for the Federal or Postal employee suffering from a medical condition, in order to manage and maneuver one’s way through the thick forest of a bureaucracy known as the U.S. Office of Personnel Management, which is the agency which ultimately receives and reviews all Federal Disability Retirement applications, whether you are under FERS, CSRS, or CSRS-Offset.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: The Muddle of a Myopic Focus

Focusing upon a singular aspect of an issue, and failing to comprehend its limited import and relevance within the greater context, is a pitfall which many fall into.  It is tantamount to having a myopic condition — where one’s nearsightedness prevents one from having the capacity to focus upon anything beyond those within one’s easy reach.

In a Federal Disability Retirement application, filed through one’s agency (if one is still a Federal or Postal employee, or if separated, such separation has not occurred more than 31 days) and ultimately forwarded to the U.S. Office of Personnel Management (or, if separated from one’s agency for more than 31 days, directly to the Office of Personnel Management in Boyers, PA), whether under FERS or CSRS, it is important to approach the preparation, formulation and filing of one’s Federal Disability Retirement application with a larger view than to discuss issues of limited relevance.

For example, when a Federal or Postal employee is embroiled in an adversarial and contentious process with one’s own agency, or a supervisor, it is often reflected in the Federal Disability Retirement application via a tirade of specific descriptions concerning harassment, workplace hostility, etc.  While such descriptions may be relevant for purposes of an  EEOC claim, it has very little significance for one’s Federal Disability Retirement claim.

Keep the essence of a case at the forefront:  Medical issues; impact upon one’s ability/inability to perform the essential elements of one’s job.

All myopic conditions need correction; properly prescribed glasses to keep one’s focus may be a necessary expense.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: Process

The engagement of preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, is a “process” both on a macro as well as a micro level.

On a macro level, the ability to consolidate the variety and complexity of information; of understanding that there are multiple levels in the administrative labyrinth of a Federal Disability Retirement application, beginning with the initial stage of the process; then, if denied, the Second, or Reconsideration Stage of the process; then, if denied a second time, an appeal to the U.S. Merit Systems Protection Board; then a potential filing of a Petition for Full Review; and, finally, an appeal to the U.S. Court of Appeals for the Federal Circuit; all told, the aggregate of all of the procedural hurdles can be characterized as a “process”, precisely because of the complexity of each stage building upon the previous one.

On a micro level, it is similarly a process, but in a different sense.  The “pieces of the puzzle” must be gathered, and the best way to do so is in a methodologically sequential manner, one which reflects a logical structure, as opposed to a haphazard compilation of facts, tidbits, arguments and rants strung together into a barely coherent whole.

Remember that putting together a Federal Disability Retirement application must reflect an argument with a purpose — of proving one’s case by a preponderance of the evidence.  As such, understanding the “process” of such an endeavor is important in the very preparation of one’s case.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: The Realizing Process

By definition, a process entails multiple procedural steps.  Filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management encapsulates procedural administrative steps, and these include denials and appeals.

Yes, it is true that a certain percentage are approved at the first stage of the process.  Yes, it is also true that not everyone must go to the Second, or Reconsideration Stage of the process, or the Third Stage, the U.S. Merit Systems Protection Board.  But the fact that “not everyone” must be subjected to X, does not undermine, erase, or otherwise nullify the truism that it still remains a “process”, as opposed to an application for an entitlement benefit.

As a process, one’s Federal Disability Retirement application with OPM must be proven.  In order to prove a case, one must submit certain qualifying documentation.  As the U.S. Office of Personnel Management is the initial and secondary reviewer and determining agency for the first two stages of the process, so they have personnel of differing qualitative abilities — from pure incompetence, to indifference, to superior case workers who understand the full and complete application of the law, the regulatory criteria, and the statutory applicability of case-law interpretation.

Since it is the only process around, it is something we have to live with, and ultimately, follow.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: The Larger Process

There is, of course, the limited process of issues impacting a Federal Disability Retirement application, whether under FERS or CSRS — of the actual paperwork; of obtaining and completing the forms which are required by the Office of Personnel Management, etc.

Then, there is the larger, more expansive issues which directly impact the Federal or Postal worker who is undergoing the multitude of life’s curve balls — the medical condition itself, along with enduring and attempting to overcome the symptoms; the reaction of the Agency to attendance problems, FMLA issues, PIP actions, potential (or actual) removal issues; OWCP issues which arise in the course of filing for Federal Disability Retirement benefits; suspension and adverse actions by the Agency; potential termination of health benefits; whether such health benefits will be reinstated after a Federal Disability Retirement application has been approved; and all of the ancillary issues which come up in the course of preparing, formulating and filing for Federal Disability Retirement benefits.

Then, there is the long wait in all phases of the application — in the preparatory stage; while in the hands of the Agency; then, even after it arrives at the Office of Personnel Management, there are multiple stages of waiting periods before a decision is finally made.

Can all of the questions concerning all of the multiple issues be answered and satisfactorily attended to?  Many of the questions, of course, are ancillary to a Federal Disability Retirement.  Not every question can be answered immediately; some must run its course and be allowed to resolve itself.

Throughout the more expansive process, the focus must be upon getting the Federal Disability Retirement application approved.  Otherwise, if the focus keeps getting sidetracked by the ancillary issues, the central issue will never be resolved.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: Decisions during the Process

In making decisions during the process of filing for Federal Disability Retirement benefits under FERS or CSRS, it is obviously important to make the “right decision” at each stage of the process.  Thus, for example, if a person files for Federal Disability Retirement, at the first stage it is important to determine which medical conditions to identify and base the application upon; at the Second, Reconsideration Stage, it is important to first identify what substantive concerns which the Office of Personnel Management is proposing (in any given denial of a Federal Disability Retirement case, it is often not that obvious what the OPM Representative is actually stating), and how to go about rebutting and answering the concerns (as opposed to taking a “shotgun approach” and trying to answer each and every concern expressed by the OPM Representative), and further, at the Merit Systems Protection Board, it is vitally important to place all evidence, legal precedents, arguments and objections on the record, so that if the Administrative Judge in the case denies your claim, you have a legal basis to file an appeal.  As always, it is important to see the entire application submission, from beginning to end, as a “process”.

Sincerely,

Robert R. McGill, Esquire