Federal Disability Retirement: In Life, the Pragmatic Trumps the Theoretical

In administrative and other processes, as in life generally, there are issues which on a theoretical level would seem to work; but when tested in the “real world”, somehow the perfect paradigm suddenly disintegrates.  Thus, one may ascribe a series of seemingly logical propositions, each in their independent and isolated delineations apparently stand strong and without a flaw; but somehow, in their linear progression of dependence, one upon the previous one, the linkage itself may be the determining factor.

Thus the old adage:  An X is only as strong as the weakest link.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the Federal or Postal employee may lay out a plan of attack which, on its face, may appear sound and credible; but as experience in anything constitutes the crux of everything, so the first-time experience of thinking that one’s own case is a “slam-dunk” case because the “pain I feel” is so excruciating that there is no way that OPM could do otherwise than to approve my case, may be that weakest link.

Think again.  OPM deals with thousands of such cases; your particular case, as the unique case singularly known by you, is essentially a mere theoretical example of countless other such cases.  The pragmatic reality of the Federal bureaucracy is what one must ultimately face; again, as in life in general, the practical aspects of an engagement rules the day.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Early Decisions, Later Consequences

Decisions engaged in early on, reap later consequences which often reflect the choices made in those initial steps.  This is true both in life generally, and in particularized ventures, endeavors and vocations.

That is precisely why we tell our kids to study hard; that the key to success is preparation and practice; that, on performance day, the ease with which the presentation appears reflects the extent of the behind-the-scenes effort which went into the show.

Such admonitions apply to every project we undertake, and it is no less different when one is contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, for the Federal and Postal Worker.  The logical sequence of how a person puts together a Federal Disability Retirement application will be reflected both in the final submission, as well as in the results obtained.

Now, there may well be cases which are poorly compiled, yet approved without a glitch; just as there will be cases which are irrefutably argued, yet denied by the Federal Bureaucracy identified as OPM.

However, another adage which is also true, is that “the exception does not make the rule”.

What words are chosen; how the Statement of Disability on SF 3112A is formulated; what medical evidence is presented; which legal arguments are promulgated and highlighted; what collateral issues are preemptively brought up; collectively, they “matter”.

What we do today determines the course of tomorrow; what tomorrow brings, will reflect upon who we are today.

Sincerely,

Robert R. McGill, Esquire 
Federal Disability Retirement Lawyer

 

Postal and Federal Disability Retirement: When It All Becomes Worthwhile

Aristotle’s admonishment of determining too early the virtue and reputation of an individual, can be analogously likened to the state of emotional turmoil we find ourselves in, at any given moment of one’s life.  Happiness is indeed a fleeting state of one’s being; and the history of civilization is one fraught with trembling and fear, with interludes of joyous celebration.

For the Federal and Postal employee contemplating preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the administrative process of the actual filing itself, and the patient waiting for months-on-seemingly-unending-months, is merely a continuation of the trials which the Federal and Postal Worker has had to endure within the context of a history of such trials.

We tend to view life’s events in a vacuum, as picture-perfect albums of lives lived in tandem with our selective memories.  And for evolutionary purposes, perhaps that is the only way we could survive; for, to constantly be reminded of the trials would be to relive the morbid traumas of our lives.

The Federal and Postal employee who has come to a point in his or her life such that filing for Federal Disability Retirement is the only viable option left, must then endure the further trial of waiting upon the U.S. Office of Personnel Management to render its decision.

In the end, when an approval is received, the sigh of relief reverberates to tell of the happiness felt in that moment of jubilation; but silent is the suffering which preceded that fleeting snowflake of time as joy floats soundlessly for a frozen frame of time.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for U.S. Federal Workers: The Second Bite at the Apple

Rarely in life does one have a second chance; in important matters, an opportunity will often present itself, and depending upon the option chosen, one must live with the consequences of such a choice, or live the remainder of one’s life with grumblings of quiet regret and remorse.

In the legal arena, the process of what the public views as “endless appeals and procedural maneuvers” allows for the litigant to have multiple chances, and not just a “second bite at the apple”, but often a third, fourth…and seemingly infinite opportunities.

For Federal and Postal employees filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, there are multiple chances at filing for and obtaining Federal Disability Retirement benefits.  The only obstacle is if the Statute of Limitations has come and gone — the filing deadline of 1 year from the date of separation from Federal Service.  Even that hurdle contains some exceptions — as in a Federal or Postal employee being deemed incompetent by a psychiatrist to file within the timeframe.

For those who have filed and been denied, and for some reason failed to file for Reconsideration or an appeal to the MSPB — you can refile.  For those who filed and were denied at every level — you can refile. Does OPM still keep your previous file?  Yes. Will they review your old file along with the new filing?  Yes.  But if the new filing is stronger and better prepared, you stand the same chance as a Federal or Postal employee who has just submitted an initial application.

Rarely does one get a second bite at the apple; fortunately, under our system of legal procedures, the taste of the fruit is within reach for another time, and often the taste is more satisfying than the first encounter.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: Societal Complexities

For over 50 years, we have been told that our lives will be simpler, more efficient, of greater ease, resulting from the technological advancement of society at large.

With each technological innovation, some aspect of the common man’s life was supposed to be unburdened, with greater leisure time and less stress.  But a fundamental principle of human nature was ignored throughout the incremental advancement towards such sophistication:  the innate hunger to create ever more, and the desire by those at the pinnacle of civilization to play the role of master of the universe.

In legal circles, we were all doomed once the fax machine was invented; for, with such a contraption, the 3-4 days it took to send out a first class letter confirming a conversation or following up on one, became instantaneous, and the war of the who-said-what and what was settled upon became an urgent necessity with the ability to send and receive immediately.

Contrary to the great promise of our times, technology and modernization has further complicated, stressed and compounded the problems of daily living.

For the Federal or Postal employee who is contemplating filing for Federal Disability Retirement benefits, whether under FERS or CSRS, the added complexity of winding one’s way through a maze of bureaucracy, of compiling an effective legal case for one’s Federal Disability Retirement application, is often “too much” because such an effort is in addition to the burden of dealing with one’s debilitating medical condition.

The key is to always streamline and simplify; but of course, that’s precisely what society has been purportedly doing all of these years, with each new gadget declaring the end of stress; and we are all the more stimulated by it.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: The Unresponsive Agency

The complaints abound, and continue to exponentially increase; the U.S. Office of Personnel Management is way behind on its evaluation, review and decision-making process for all characters of retirements, disability retirements included.

It is a given that filing for Federal or Postal Disability Retirement, whether under FERS or CSRS, with the U.S. Office of Personnel Management, must necessarily have an expectation of a time-consuming administrative process, precisely because of the encounter with a Federal bureaucracy.  But it seems that each year — nay, each month and week — the delays continue to expand.

At each step of the way, OPM has become more and more unresponsive, and with new cases coming in, the length of time at every stage, and “between” stages, has been extended.  The process itself contains inherent milestones of delay: from filing the entire disability retirement application to a facility in Boyers, Pennsylvania, which merely annotates the receipt of the case and inputs the case into the computer system; to thereafter sending the disability retirement application, with all of its evidentiary submissions and attachments down to Washington, D.C., where it must first await assignment to a caseworker; then, upon assignment, for the caseworker to even get to the applicant’s submission for review and evaluation.  Then, of course, there is the possibility that the entire packet will be selected to be sent out for review by a contract doctor.

The delays are beyond the control of the applicant, his or her OPM Disability attorney, or the agency for whom the applicant worked.  It is, ultimately, an administrative process which can be tedious, time-consuming, and fraught with delays and extended periods of silence.

Patience may well be a virtue, but the unresponsive manner in which the U.S. Office of Personnel Management has handled the delays, fails to engender much confidence in a system which should be most responsive to those in greater need.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: Patience & Frustration

Stories now abound concerning the backlog at the U.S. Office of Personnel Management; and as has been often stated by the undersigned lawyer, if the old adage that “patience is a virtue” is truly a truism, then Federal and Postal employees must indeed be the most virtuous of individuals in any given society, because the long wait in order to obtain a decision — favorable or otherwise (and, if the latter, then at least the Federal or Postal worker can assert his or his reconsideration or appeal rights in the matter) — on a Federal/Postal Disability Retirement application certainly tests the outer limits of one’s moral character.

The inverse emotional reaction to the moral character of virtue, is the expression of frustration.  Such an expression is the release of irritation, anger, and an overwhelming sense of angst at a system and administrative procedure which follows no rules, acknowledges no time lines, and concedes no boundaries of what a “reasonable” length of time would be defined as.

Then, of course, one always hears of “stories” about individual X who filed and got a decision within a month of a case being assigned; or that individual Y who had to go into bankruptcy while waiting for OPM to make a decision.  It is best to refrain from comparative analyses; such stories, in whatever form and to what extent of truth is contained, will only increase the level of frustration, and further test the moral fibre of virtue.

While there is no single answer to the long waiting period which OPM has imposed upon the disability retirement process, this much is true:  Approvals are being issued; decisions are being made on a daily basis; it is simply a matter of time.  Thus, in preparing, formulating and applying for Federal Disability Retirement benefits from the U.S. Office of Personnel Management this period of waiting must be “factored in”.  But when such factoring has occurred, the actual period of waiting is indeed a frustrating part of the administrative process.

Sincerely,

Robert R. McGill, Esquire
FERS Disability Retirement Lawyer

 

Medical Retirement for Federal Workers: Time, Expectation & Patience

Time is the basis and essence of frustration.  Often, in becoming involved in the administrative process and procedure of preparing, formulating and filing for Federal Disability Retirement benefits from the Office of Personnel Management, whether under FERS or CSRS, the “time factor” is the part which concerns the Federal or Postal employee most.  

During the initial stages of the process, where a certain level of activity is experienced — of requesting the medical documentation and narrative reports from the doctors; of formulating the Applicant’s Statement of Disability (SF 3112A); of submitting the preliminary application through the Agency (or, if separated from Federal Service for more than 31 days, to file it directly with the Office of Personnel Management in Boyers, PA); and then receiving a CSA Number from the Office of Personnel Management, then…the wait.  Activity is the fodder which satisfies time; frustration with time is the chasm between expectation and reality; where there is inactivity, waiting without a specified end in sight is what frustrates most individuals. With the Office of Personnel Management, the greatest difficulty is now in gauging that “end-point”, because OPM continually falls behind in their estimate of time for decision-making.  

The process is a frustrating one; inactivity without an end only exponentially magnifies such frustration.  Ultimately, however, there is no other choice but to wait; for the Office of Personnel Management is the singular arbiter of the decision-making process in Federal Disability Retirement claims.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: The Long, often Frustrating Road to a Decision

It is indeed taking an inordinate amount of time in receiving a decision from the Office of Personnel Management, for a Federal Disability Retirement application.

The problem which has been identified by various personnel at the Office of Personnel Management is that there has been a steady backlog of cases resulting from various factors, including personnel attrition through retirement, transfers, etc., without an adequate rate of substitution or replacement.

This is obviously of great frustration and concern to all Federal and Postal personnel who are awaiting a decision from the Office of Personnel Management on his or her Federal Disability Retirement application under the FERS or CSRS systems, but ultimately it must be accepted as part of the bureaucratic, administrative process of filing for a benefit.

Each of the Claims Representatives at the Office of Personnel Management, when contacted, are clearly attempting to get through their case-loads, but they must review, evaluate and apply a set of criteria in making a determination on each case.

A denial of a Federal Disability application only sets back the case further, because it then is transferred to the Reconsideration Section of the administrative process, and is reviewed anew (assuming that the Federal or Postal Service employee files a Request for Reconsideration within the 30-day timeframe) by a different OPM Representative.

Frustration is a part of any and every bureaucratic, administrative process; waiting is part of that process; patience is the virtue which must be retained; and recognizing from the outset that exponential multiplication of the waiting period is the best mathematical calculus to estimate the average waiting time, then to attempt to remain productive and busy during such time, is the best (and only) approach to the long and often frustrating road to a successful outcome in preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS.

Sincerely,

Robert R. McGill, Attorney

 

Federal and Postal Disability Retirement: OPM, Patience & Frustration

After one’s Federal Disability Retirement application under FERS or CSRS has left one’s agency (or, in the case of a Federal or Postal employee who has been separated from Federal Service for more than thirty one (31) days, filed directly to the Office of Personnel Management in Boyers, PA), it then goes to Boyers, PA for the intake processing part of the process.  

Thereafter, a CSA Number (if one is under FERS, the 7-digit number will begin with an “8”, and under CSRS it will begin with a “4”, with the eighth and somewhat irrelevant digit being a “0”), which is the case identifier for all Federal and Postal Disability Retirement applications, is assigned in order to be able to easily reference a case for purposes of discussion, adding or supplementing additional information, checking on the status, etc.  

Once it arrives in Washington, D.C., then the “real” waiting part of the process begins — first, waiting for it to get “assigned” to a Case Worker in the OPM Disability, Reconsideration & Appeals Division; then, once assigned, to have OPM review it.  Sometimes, a piece of information is found lacking or missing, and a letter apprising the Federal or Postal employee of such lack is sent out, allowing for the Federal or Postal employee to obtain such information within thirty (30) days of the date of the letter.  

OPM’s general policy is to try and make a decision on a case within 90 – 120 days of a case being assigned to a Case Worker, but that timeline is a malleable one.  One can easily add another 30 – 60 days to that block of time. What occurs during this block of time?  It is a mystery, remains a mystery, and retains the aura of secrecy and mystery.  

As frustration is the flip-side of the virtue of patience, as an emotional expression, it has little benefit or worth to the human soul.  Expression of frustration should be accomplished in constructive ways, and calling OPM in an angry outburst is not considered one of them.  Constrain the frustration; exhibit the virtue of patience; understand that time is a projection of an expectation of hope in one’s mind, quantified exponentially in a mire of frustration when one does not occupy the void and vacuity of time with other things to do.

Sincerely,

Robert R. McGill, Esquire