OPM FERS/CSRS Disability Retirement: Foreign Territory

Entering a foreign country often has the residual impact of a changed perspective, and an appreciation for what constitutes one’s life “in comparison” thereof.

Such a perspective had greater prevalence decades ago, perhaps, because of the disparity and disproportionate inequality of comparative international standards of living, whereas in recent times there has been the meteoric rise of the middle class in many other parts of the world.  The “East” has attempted to mimic the “West”; the “West” has embraced the “East”; everywhere, in fashion, movies, clothing and personalities, the differences between foreign lands and one’s own has become monolithic in its loss of individualization.

The proverbial “culture shock” has somewhat dissipated, because through telecommunication, the internet, Skype, constant following on Facebook and Twitter, the “new world order” of a singular character has emerged without the need for totalitarian imposition.  But such shock of a foreign culture can occur in an intra-cultural sense.

Thus, 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, the crisis felt and the impact experienced is akin to culture shock, in that the foreign territory of physical incapacity or psychological turmoil becomes just as real and unfamiliar as entering a foreign country.

Further, for the uninitiated, the bureaucratic morass which one must encounter in preparing, formulating and filing for Federal Disability Retirement benefits, is often a complete and unalterable conundrum and puzzle for the Federal and Postal employee.  Such an experience, of course, is further magnified and exacerbated because of the crisis one experiences as a consequence of the medical condition itself.

For those Federal and Postal employees who are contemplating filing for Federal Disability Retirement, then, the experience itself is often like entering a foreign country; and, in such instances, it is often a good idea to consider obtaining the services of a tour guide.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: The Futility of Waiting

The waiting game is perhaps the most frustrating aspect of any endeavor; for, in the end, dependence upon a third party to act, when the other person, entity or agency, may in fact never act, merely increases the sense of frustration.

In a Federal Disability Retirement application, ultimately filed with the U.S. Office of Personnel Management, whether under FERS (Federal Employees Retirement System) or CSRS (Civil Service Retirement System — that grand old system which some were fortunate enough to squeeze into before the mid-80s when abolition and transition to FERS occurred), Federal and Postal employees will often think that they must “wait” for their agency to act, to perform some duty, to respond, to do something… when in fact waiting normally results in further non-action.

Since the preponderance of the evidence in proving a Federal Disability Retirement case is solely upon the Federal or Postal worker who applies, it is rare that waiting for anything from one’s agency will bear any substantive fruit of any kind.  While medical conditions continue to progressively worsen, one is left waiting; while time continues to march on, one is left waiting; and while resources get depleted, and more and more SL & AL is used up, the Federal and Postal worker is left with the proverbial empty bag.

No, there is ultimately nothing that needs to be waited upon in preparing a Federal Disability Retirement application.  While dreams of the future are made with the stuff of patience, it rarely includes waiting upon an agency of the Federal Government to prepare one’s Federal Disability Retirement application.  Better to go chase a cloud in the sky than to expect anything helpful.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Cycle of Patience

It is a common element, now, in a Federal Disability Retirement case to require patience in surviving the bureaucratic process, and while recognizing the cycle of the process does not make it any easier, understanding the entirety of the process can help one to prepare.  

There is initially the preparatory process, which is almost exclusively within the purview of one’s control — of preparing and formulating the Applicant’s Statement of Disability (SF 3112A); of obtaining the proper medical narratives and documentation (although, here, the time frame is obviously dependent upon the availability of the treating doctor to prepare the narrative reports) and any introduction of legal argumentation in support of the Federal Disability Retirement packet, etc.

Then, submission to the Agency takes it partially out of the control of the individual Federal or Postal applicant — although, because of the obvious employment connection to the Agency, the Federal or Postal employee can often make phone calls or other contact to attempt to persuade the expediting of the secondary bureaucratic process.  

Once it leaves the Agency Human Resources Department, or the greater Civilian Personnel Office, then it is out of the hands and control of the Federal or Postal employee entirely, and must wind itself through the bureaucratic maze and morass of the National Finance Office and the Office of Personnel Management.  OPM, like any other agency, is subject to seasonal delays based upon Federal workers who take vacations and time off — Christmas, New Years, Easter, and Memorial Day weekend/week, and throughout the months of June, July and August.  A week’s delay in a Case Worker’s assigned cases can exponentially quantify the delay-time, because upon return of the worker, there are other administrative functions which must be attended to which further compounds the ability to take up where he or she left off.  

Patience is a virtue; as such, Federal and Postal Workers must be the most virtuous of human beings.

Sincerely,

Robert R. McGill, Esquire