Medical Retirement for Federal Workers: Preserving One’s Rights

Often, loss of vigilance occurs as a result of the relief of attaining something; once gotten, the fight to get it suddenly disappears, and the overwhelming sense of relief is likened to the response of a balloon which deflates upon a pinprick.

But vigilance is the key to ongoing success.  There is never a time to be nonchalant; to attain is merely another step in a process, and that process must be fought for just as diligently as during the time of fighting to reach a goal.

For Federal and Postal workers who are preparing to file, or who are in the process of filing, for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the goal of getting an approval from OPM for a Federal Disability Retirement is merely an intermediate step.  Once attained, the goal is to preserve and to protect.  Fortunately, that is a fairly simple matter — one of maintaining regular contact with one’s doctor; of making sure that one’s doctor will continue to support one’s case in the event that the Federal or Postal annuitant receives a medical questionnaire from OPM.

OPM disability retirement is not like OWCP; because you are allowed to work at other employment and make up to 80% of what your former job currently pays, there is normally nothing wrong with engaging in normal activities which would violate any rules (unlike OWCP cases, where investigators will often videotape individuals to show the engagement of activities contrary to medical restrictions, etc.).  But let not victory lead to lack of continuing vigilance; as that which was won can only be maintained with an attitude similar to keeping to the path which guided one to achieve the goal in the first place.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: SSDI & OPM Disability Retirement

Until the economy begins to significantly expand in order to allow for a greater increase of the workforce, those who are on FERS or CSRS Disability Retirement often consider aggressively pursuing Social Security Disability benefits.

While the standard of proof is higher, where the concept of “total disability” is much more applicable (pragmatic interpretation:  the medical condition presents a quantifying impact upon a greater area of one’s life activities, and not merely upon the essential elements of one’s job), the problem with SSDI benefits is that it limits the Federal and Postal employee from making outside income beyond about a thousand dollars per month.

Without SSDI, of course, a former Federal or Postal worker who is receiving Disability Retirement benefits through the Office of Personnel Management, can earn up to 80% of what one’s former (Postal or non-Postal Federal) job currently pays.  And, with the ability to retain one’s health insurance benefits, life insurance, etc., the Federal Disability Retirement annuitant can be an attractive labor force for companies who are trying to contain costs and expenses.

This is a highly competitive economy, with companies being proactively selective and discriminating in their hiring practices.  For the Federal or Postal employee preparing, formulating, and filing for Federal Disability Retirement benefits, whether under FERS or CSRS, many options remain open, and advantages to be taken. Yes, the medical condition itself is a “negative” which forces one to leave the Federal workforce; but once FERS or CSRS disability retirement benefits are approved, there are many positive decisions to make.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: OWCP & the Short Sale

Americans are often looked upon as short-sighted.  Lacking historical longevity, both in terms of an enduring civilization as well as culture, the economic, mercantile (some would say ‘mercenary’), materialistic approach of the American Way lends itself to criticism for the emphasized focus upon short-term gain and profit.

For those questioning whether or not a Federal Disability Retirement annuity, in comparison with compensation received or being received through the Department of Labor, Office of Workers’ Compensation Programs (FECA), would be beneficial, may be suffering from the American-Way syndrome — of viewing the higher pay alone and in a vacuum, without considering the superior benefits of the longer view of life.

Indeed, under an annuity from the U.S. Office of Personnel Management, Federal Disability Retirement benefits, whether under FERS or CSRS, one may continue to receive the Federal Disability Retirement annuity, and yet work and receive income on top of the Federal Disability Retirement annuity, up to 80% of what one’s former Federal or Postal job currently pays.  Under OWCP, of course, one cannot work while receiving temporary total disability payments.

Further, it is important to understand that the time that one is on Federal Disability Retirement counts towards the total number of years of Federal service, so that when it converts to regular retirement at age 62, all those years on Federal Disability Retirement are counted.

Short term sale or long term goals and benefits?

Whether lacking in culture, history or an enduring civilization, it is always beneficial to review the present, in order to plan for the future.  Short sales often sell one short, and that is something which the Federal and Postal employee must take into account in preparing, formulating, and filing for Federal Disability Retirement benefits from OPM, whether under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: A Thoughtful Paradigm

Federal Disability Retirement benefits under FERS or CSRS is a well-thought out paradigm of benefits for two primary reasons:  (1)  First, because it allows for a base annuity for those productive workers who are no longer able to perform one or more of the essential elements of one’s Federal or Postal job, and allows the Federal or Postal Worker who is disabled to have a period of time in which to recuperate and tend to the medical needs in order to regain his or her strength, energy, abilities, etc. — physical, emotional, cognitive or otherwise; and (2) Second, because it allows for the Federal or Postal Worker to become a productive member of society in a different, “other” job.  

While many may be concerned that, in this regressive economy, the prospect of obtaining another job may be severely limited, such an approach is short-sighted.  The economy will rebound; opportunities will arise as various economic sectors adjust to changing circumstances; and during the entire process, the Federal or Postal Worker who is on Federal Disability Retirement benefits from the Office of Personnel Management will be able to receive a base annuity in order to recuperate from the medical condition.  

All said, the alternative prior to the Federal Disability Retirement benefit becoming law was bleak and short-sighted:  to terminate the unproductive Federal or Postal employee, and let him or her go out to deal with loss of job, loss of income, loss of medical insurance — on top of the medical condition which forced the Federal or Postal Worker out in the first place.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement in a Tough Economy

Healthy individuals may wonder why, in such a tough economy, an individual would consider filing for Federal Disability Retirement under FERS or CSRS.  This is an economy which has been shrinking and shedding employees.  Yet, for the Federal or Postal employee whose health and increasingly debilitating medical conditions directly impact one’s ability to perform the essential elements of one’s job, the choice is actually not all that convoluted. 

Where a Federal or Postal employee can no longer perform the job; where sick leave and annual leave have been exhausted to go to doctors’ appointments, or just to stay home to recover enough to make it into the office for another day; or for those who are on LWOP for greater than the time working; in such circumstances, the stark reality is that a disability annuity is better than what the future may offer otherwise.  Removal for unsatisfactory performance; being placed on a PIP; being told that there is no more work at the Postal Service; being counseled for performance issues; these are all indicators of the proper choice to make.

Yes, it is a tougher economy; but when the economy begins to rebound, the first people that private employers turn to hire are those who are essentially independent contractors; and, especially with the looming overhaul of private health insurance, a former government worker who carries his or her own health insurance is, and can be, an attractive worker to a private employer.

Sincerely,

Robert R. McGill, Esquire