Federal and Postal Disability Retirement: The Control Factor

Procrastination is Man’s feeble attempt to control the inevitable march of time.  In the midst of a technologically complex world, where we no longer control the advance of events or circumstances which impinge and invade upon our lives, the subjective cocoon we weave to withstand the onslaught of uncontrollable external subjugations will take many and varied forms.

Time, events and actions occurring daily around us continue in their linear course of unfolding revelations without input or necessity from the individual; technology advances without any particular reason or rationale; or so we believe.  But by delaying, we delude ourselves into thinking that we are Masters of our own destiny.

Such an attempt at controlling the inevitable onslaught of that which we have no influence over, is tantamount to an impotent protestation, nothing more than a juvenile “sit-in” like children refusing to eat their carrots or broccoli, although at least in those examples the elements resisted were purportedly healthy for us. What we often fail to understand, however, is that the very attempt to control is often that which is harmful to us.

For the Federal and Postal employee who suffers from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s job, there is often a long and deliberate delay between the onset of a crisis resulting from a progressively deteriorating medical condition, and the preparation, formulation and filing of a Federal Disability Retirement application.

This is the natural course of things.  For, the very factors over which the Federal or Postal Worker has no control over — time, the medical condition, one’s deteriorating health — all serve to impart a sense of loss of destiny.  But to delay and procrastinate will only exacerbate the inevitable; Federal Disability Retirement through the U.S. Office of Personnel Management, whether one is under FERS or CSRS, is the best step to reach that oasis of rehabilitation and quietude.

But like the child who knows not what is good for one’s self, it is often the rebellious and feeble attempt of Man to control that which is beyond one’s control, which potentially results in the downfall and destruction of one’s future.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: The Flashpoint

The flashpoint is the temperature at which an organic compound becomes combustible; during the entire time building up to that point, the rising temperature in combination with the chemical reactiveness of the substance was all the while sitting in preparation for the point of ignition; were there options to pursue prior to the point of ignition?  If there had been a change in chemical make-up, then perhaps the point of temperature-to-combination of substance would have altered, where either a higher or lower flashpoint would occur; or, the rise of the temperature, and the rate of acceleration, could have been changed.

Whatever the needed changes in order to avoid the flashpoint, however, one thing is clear:  the options are limited, and any altered states would merely delay the ultimate event of a flashpoint occurrence.

For Federal and Postal Workers who suffer from a medical condition, such that the medical condition impacts the performance of one or more of the essential elements of one’s job, the flashpoint of filing for Federal Disability Retirement benefits, whether under FERS or CSRS, through the U.S. Office of Personnel Management, is an inevitability which leaves the Federal or Postal employee similarly limited options.

One can continue in the mode of life which one finds one’s self in: of the daily treadmill of suffering through the workday with pain, profound fatigue and progressively debilitated emotional turmoil.  Or, one can wait for the Agency to initiate an adverse action, such as a Performance Improvement Plan (PIP), periodic suspensions or reprimands — or removal.  Or, one can begin to prepare, formulate and file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management.

Limited options do not necessarily constitute a flashpoint of negative consequences; yes, a fire bursting in a home is a tragedy, but then there are controlled fires and even naturally occurring ones in fields of decay which benefit the environment.

It is thus ultimately up to the Federal or Postal employee to determine the point of combustibility, and therefore the timing of the event identified as the flashpoint.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: SSDI Approval as a Special Case

In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, there are multiple discretionary decisions which must be made in preparing a paper presentation to the Office of Personnel Management.  For instance, should determinations made by Second-Opinion or Referee doctors in a case which concurrently involves OWCP issues be included in the submission?  Should VA ratings be part of the packet?  Should determinations by a private disability insurance company be included? Should a determination by the Social Security Administration — which often will come about when the packet has already been submitted to the Office of Personnel Management while awaiting a decision — be forwarded to OPM?  

In proving one’s eligibility for Federal Disability Retirement benefits under FERS or CSRS, one must affirmatively prove, by a preponderance of the evidence, that one is eligible for the benefit.  That leaves much of the decision-making process regarding what information is relevant, helpful, pertinent and substantive, up to the Federal or Postal employee and/or his attorney to decide.  There are multiple details, and it is often in the minutiae and details which will win or lose a case.  Should all medical conditions be made a part of the packet?  

These are all discretionary issues to be decided, with the possible exception of Social Security.  Inasmuch as SSDI must be filed, and inasmuch as the statutory mandate is that SSDI and a FERS Disability Retirement annuity must be offset if both are approved, an approval by SSDI is a special case which is non-discretionary.  Not only must OPM be informed of its approval; under the case-law, it must be considered in the process of deciding upon a Federal Disability Retirement case.  Nevertheless, it still remains merely persuasive authority, and not determinative.

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