Medical Retirement for Federal Workers: Once upon a Time

Once upon a time, there were great “causes” for which people fought to live for; evil empires which desired domination and for which the world went to war; liberties denied and suppressed, resulting in meaningful mass protests; and in the microcosm of individual lives, hope for a future and a better tomorrow, for which people married, had families, and strove for stability.

In today’s world, the opposite seems to prevail; the news is replete with trivial reasons to exit life; if one is turned down when a prom invitation is issued, it is a basis for an outrageous reaction; assertions of hurt feelings can be the foundation for court filings declaring a violation of rights; and when a society mandates the importance of rights over courteous behavior, the crumbling of foundational structures is not too far from a once-distant and dark future.

The famous and classic book by Harper Lee encapsulates the contrast of great and small troubles; of a microcosm reflecting larger issues worthy of consideration; but always, there was a sense that tomorrow would bring about a brighter future.  In it, Atticus speaks of the idea that one can never quite understand another unless one walks in his shoes, and looks at things from the other’s perspective.

For Federal and Postal employees who suffer from a medical condition, such that the medical condition impacts one’s ability to perform the essential elements of one’s job, such a sense of the world is a well-known commodity.  All of a sudden, one becomes a pariah, when one may have been that shining star just a month before.

Federal Disability Retirement benefits are available for Federal and Postal Workers who seek a brighter tomorrow, and for whom greater causes still exist. That is why the benefit allows for the potential and possibility of the Federal Worker to seek other employment and a second vocation; for, Federal Disability Retirement benefits recognize the worth of the individual, and the fact that there is life after the devastating effects of a medical condition which may end one’s Federal or Postal career.

One may laugh at such notions, or have the cynical view that Federal Disability Retirement is merely one of those benefits for which the Federal government is giving another proverbial “handout”; but the fact is, like Atticus Finch in the classic novel, To Kill a Mockingbird, there is always a brighter future for every generation, no matter the despair one may feel at any given moment in history.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: The Agony of Beginning

Somehow, the agony of beginning a process is the most excruciating; why that should be so is a mystery, when the prefatory phase leading up to actually starting and engaging an activity is probably the period where most people experience the greatest anxiety.  By “beginning” is often a milestone of a mental nature, as in coming to a decision to initiate an activity.

Then, the question remains of bridging the chasm between the thought and the physical action of “doing it”.  Thus, one can “decide” to perform X in one’s own mind, but never actually implement any objectively ascertainable steps to manifest any signs of having begun the process in order to reach point Y. Beginning the process must follow a sequence of steps.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important to close the gap between thinking about it, and actually doing it.  Agencies often get frustrated with mere words; they want to see some evidence, some progress; and even if it is information regarding having retained a Federal Disability Retirement attorney, or some communication concerning the process and the progress made, will often delay an administrative action or sanction contemplated.

As OPM takes an inordinate amount of time in making a decision on any given case, it is important to take the necessary initial steps, and to submit a Federal Disability Retirement packet within a reasonable period of time, and to shorten the period of agony and anguish, by initiating the administrative process of Federal OPM Disability Retirement.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: The Knowledge of Others

It is often the spouse, or even the unnamed friend, who comes to recognize the need — even before the Federal or Postal employee.  Whether because of the distance between the person and the medical condition, or out of pure empathy, the “other person” knows that it is time to file for FERS Disability Retirement.  When that knowledge is conveyed to the person who actually suffers from the medical condition itself, then it is beyond the point of filing; it is, indeed, time to file.

In preparing, formulating, and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the truth of the matter is that shirkers are rare, and a premature filing of a Federal Disability Retirement application is rarer still.

Federal and Postal employees who file for Federal Disability Retirement benefits wait until the point at which self-destructive continuation has already passed.  In fact, in many cases, the applicant’s own treating doctor has already repeatedly advised to “change jobs”, “switch careers”, “do something else in life before you really damage yourself“, etc.

That is why there is a (rightful) sense of injustice and unfairness when the agency itself is taken aback, and acts as if there is some nefarious motivation underlying the filing of the Federal Disability Retirement application.  However, what is important, as in all matters of importance, is the self-knowledge that it is indeed time, and those who question one’s motive know not what one’s family, friends, and caring “others” have already determined.

Sincerely,

Robert R. McGill
OPM Disability Attorney

Federal Worker Disability Retirement: Choosing from the Options

The self-evident approach to making a right choice is to first understand what one’s choices are comprised of; yet, for many, this necessary first step is never taken, and so the option taken is based upon the choices presented, and not upon the greater universe of alternatives available.  If the parent asks the child in an ice cream store, “Do you want chocolate or vanilla?”, the unsuspecting child will choose from the options presented — until the child observes the one standing in front, who has just received another flavor.  “How about that one?” is the natural next query.

In preparing, formulating and filing for FERS Disability Pension benefits from the U.S. Office of Personnel Management, there is a universe of options which present themselves in concentric circles of choices within options within alternatives — but in order to make any positive steps towards accepting any of them, one must first be aware of them.

Thus, whether the Federal Agency moves forward to remove a Federal or Postal worker based upon reason X, may not be the only option if you don’t know that there may be an alternative option for removal, or to negotiate a delay of the option itself; whether OWCP/FECA, or OPM Disability Pension, Social Security Disability Insurance (SSDI) or VA benefits, or a combination of some or all to be approved; whether the basis should be medical condition A, B & C, or E, F & G, or a combination of some of each category; all such options need to be reviewed and the universe of alternatives explored, until the last and crucial decision is made of picking one over another.

Wisdom first begins with exploring the explorable universe; if one believes that one’s crib is the only universe in existence, then that will be the one which defines the confinement of one’s life.

Sincerely,

Robert R. McGill, Esquire
FERS Medical Disability Specialist

 

Federal & Postal Disability Retirement: The Futility of Waiting for an Agency

In Federal Disability Retirements, the general rule is as follows:  waiting for your agency to act in some way that may prove to be beneficial to your case, is an act of futility.  Whether it is to wait for a performance appraisal; whether to see if the Agency will accommodate you, or not; whether you are waiting for a response from your Supervisor to see if he or she will support your Federal Disability Retirement application, etc. — in the end, a disability retirement application under FERS or CSRS is a medical issue.  It is not an “Agency Application for Disability Retirement”; it is not a “Supervisor’s Application for Disability Retirement”.  It is a medical disability retirement, inseparable from the Federal or Postal employee who is filing for the benefit.  As such, the proper focus should be placed upon the sufficient and substantiating medical documentation.  If the medical documentation, combined with the applicant’s statement of disability, are persuasive with respect to the correlative force of being unable to perform one or more of the essential elements of one’s job, then such a combined force makes all other issues essentially moot and irrelevant.  Don’t wait upon an agency to act; to act affirmatively without depending upon the agency is always the best route to follow.

Sincerely,

Robert R. McGill, Esquire