OPM Disability Retirement: The Power of Approval

Whether the Federal agency or the U.S. Postal Service can have a significant impact upon a Federal Disability Retirement application is a question often asked; then, of course, there are always suspicions that certain individuals and entities may try to undermine or otherwise sabotage, out of pure animus and acrimonious low-down-ness (not a legal or technical term, by any stretch of the imagination), by going through “back-door” channels and attempting to influence or otherwise paint a portrait of perverse circumstances.

At best, agencies, individuals and entities of the Federal kind can remain neutral and harmless; at worst, they can allege unspecified and unidentifiable, nefarious circumstances of associated behaviors or conduct issues otherwise unrelated but left to the unimaginative creativity of an OPM administrative specialist.  But then, since those would all be illegal and unofficial acts of retribution and retaliation, they would never be validated nor publicly acknowledged, anyway, and so only the suspicions would remain, without verifiable evidence of ascertained capability to influence or otherwise persuade a negative determination to be reached by the U.S. Office of Personnel Management.

To their credit, OPM asserts complete and total independence, and refuses to allow for any influence but for the legal criteria in evaluating a Federal Disability Retirement application, whether the individual is under FER, CSRS or CSRS Offset, and whether the Federal Disability Retirement application comes from the U.S. Postal Service or from one of hundreds of Federal agencies and departments across the country.

Neither a Federal agency nor the U.S. Postal Service can promise or otherwise grant a Federal Disability Retirement application to a Federal or Postal worker; only the U.S. Office of Personnel Management can do that.  Empty promises aside, whether by implication, inference or alleged influence, OPM is the only entity which can approve a Federal Disability Retirement application.

Yes, agencies can be more helpful than not (though that is rare); agencies can somewhat harm (though a Federal OPM Disability Retirement application is ultimately based upon the medical evidence gathered); and yes, agencies more often than not attempt to undermine rather than assist (despite thousands of Human Resource Specialists across the country claiming otherwise); despite all of this, it comes down to a single entity — the U.S. Office of Personnel Management, and no other agency — which grants or denies an approval for a Federal Disability Retirement application.  As such, beware of promises made; be cautious of settlements reached; and be dubious of claims of egomaniacal exponents of hyperbolic vituperations; they normally amount to the value of the verbal paper they are written upon.

Sincerely,

Robert R. McGill, Esquire

 

 

Federal Employee Medical Retirement: Existence and Being

There is a distinction between existence and being; for the former is something which merely “is”, and over which one has no control over, or the capacity of which to have any input; while the latter is the composite of the essence of who we are — the coalescence of one’s past, present, and future potentiality.

Heidegger’s life work encompassed the attempt to describe the search for being, the revelatory recognition of it, and the systematic approach to unravelling the hidden fullness of being.  It is the difference between going through the motions, and living an authentic life.

That is how Federal and Postal employees often feel just before contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS — for the state of merely existing in order to trudge to work, in order to “get through the day”, only to return home, to sleep, to struggle, to regain one’s strength, energy and stamina for a reserve to be depleted for another day of work; such a process describes an existence, not a state of being.

That is also why scams and “get-rich-quick” schemes continue to successfully con so many — because most people consider themselves merely in a state of existence, waiting to be saved for a life of being, but mistake the conversion from the former to the latter as dependent and reliant upon more money, greater acquisition of wealth, and accumulation of property.  But it is good health and the ability to be pain-free, which forms the foundation for a true state of being.

Disability Retirement for the Federal or Postal Worker is a means of attaining a state of being where rehabilitation and escape from the treadmill of progressive deterioration is possible.  That bifurcation which Heidegger attempted to describe — between a state of mere existence, and the lifting of the veil upon Being — should be seriously considered.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: The Life After

At first, it begins with survival for another day; then, upon a realization that “another day” will merely bring forth a multitude of subsequent such days, the goalposts are moved to allow for several months.  Once the realization hits you that the medical condition will not merely subside or disappear, and continuation in a present mode of existence is simply not a feasible option, then the perspective as to one’s career must by necessity change.  Filing for Federal Disability Retirement benefits, whether under FERS or CSRS, finally becomes an option.

Thereafter, the goal is to outlast the waiting line at the U.S. Office of Personnel Management — to get through the First Stage of the process, and if necessary (and a denial is obtained instead of the approval at the initial stage), the second, Reconsideration Stage.  There are multiple stages beyond the administrative stages, of course, but whatever are the administrative and bureaucratic procedures which must be undergone, the goal is to get the approval letter from the U.S. Office of Personnel Management.

And what happens when that goal is achieved?

One finally recognizes that all such goals were merely intermediate in nature, and it is at that point that one realizes that, upon an approval of a Federal Disability Retirement application from the U.S. Office of Personnel Management, the true goal is to live one’s life after separation from the Federal agency — separation in an administrative sense, certainly, but more importantly, in terms of time and medical recuperation.

Health, some financial security; a peace of mind; and a time of recuperative peace; there is indeed a life after.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Measure of Success

Gratitude is often the measure of success, but such a measure is fleeting, at best, and only as relevant as the next person who may express disappointment.  In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, the ultimate measure of success is whether or not the Federal or Postal employee obtains an approval from OPM; there is no “relative success” in such an administrative process, and indeed, it is an “either-or” bifurcation with no middle ground.

Furthermore, much of the process can appear strangely subjective —  in one case, a fairly skimpy file of medical records can warrant an approval from the U.S. Office of Personnel Management, while in another, a large compendium of medical documentation can result in multiple denials, despite every good effort of providing medical narrative reports, treatment notes, etc.

Because individuals comprise the universe of determinations in a Federal Disability Retirement application, and therefore the encounter between individuals necessarily results in differing perspectives, opinions and approaches, there never can be a “science” of applying for Federal Disability Retirement benefits.  The best that can be accomplished is to put together as effective a Federal Disability Retirement packet as one can — of medical records and reports; of legal citations; of a persuasive argument; and a tight nexus between one’s medical conditions and the type of positional duties one must perform.

Beyond that, the measure of success must await for a positive outcome.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The End Goal

The goal at the end of the process is to obtain that “approval” letter from the Office of Personnel Management.  It resolves and sets aside the months of anxiety and stress compressed into a time of agonizing suspension from life’s ability to move forward; for, during that time of waiting, one cannot “move forward”, because without the knowledge of whether one can obtain the financial benefit of the Federal Disability Retirement annuity under FERS or CSRS, one cannot make the decisions in life to make plans for the future. 

It is of great satisfaction to an attorney to reach the “end goal” — to hear from the client that he or she has received the letter of approval from the Office of Personnel Management, and to hear the relief and joy in the voice of one who finally sees “light at the end of the tunnel” constitutes great professional satisfaction for the representing attorney.  It means that the proper medical narratives were gathered; that the description of the client’s medical conditions and their impact upon the essential elements of one’s job was properly formulated; and it means that the legal argument presented to the Office of Personnel Management was persuasive.  Client satisfaction means alot to an attorney; for one who solely specializes in Federal Disability Retirement Law, to see the end product — the obtaining of a Federal Disability Retirement annuity — is of great professional satisfaction.

Sincerely,

Robert R. McGill, Esquire