Federal Disability Retirement: Gathering All of the Pieces

Multi-tasking is a concept which suddenly came about, but always existed. The idea, the concept — the identifying name itself — is secondary; ask any mother caring for her children throughout the day, whether or not she has to “multi-task” and you will be given a look of puzzlement.

When a medical condition is impacting one in performing one or more of the essential elements of one’s job, or in performing the daily activities, chores and life-requirements on one’s “to-do” list, then the concept itself begins to have some relevance.

Most of us not only do 2 or 3 things at a time; we must, in this technologically fast-paced society, do that and more.  But in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the attempt to gather the necessary pieces in putting together one’s case, and in an effective and persuasive compilation of proof, becomes not only difficult, but another obstacle.

For, not only does the Federal or Postal employee need to continue to work in attempting to remain employed (for most Federal or Postal employees who are filing for Federal Disability Retirement benefits, continuation of work is a financial necessity), but further, the added burden of gathering all of the medical documentation, putting together a compelling enough Disability Retirement application, etc., becomes an overwhelming feat.  But the pieces do need to be gathered; the puzzle needs to be carefully crafted and put together.

It is another task in the multi-tasking world of today– one which is necessary to secure one’s future.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: Responsibility of the Applicant

In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, the importance of adequately conveying persuasive information to the Claims Representative at the Office of Personnel Management must be a primary goal of the Federal or Postal employee.  

Rarely does a doctor, without guidance and some “prodding”, execute an administrative duty such as preparing a medical narrative report for a patient, in a sufficiently excellent manner.  The work product of a doctor is normally defined by patient care, clinical examination, and prescribing an effective course of treatment.  It is up to the patient or his/her Federal Disability Attorney to remind the doctor as to “why” it is important to provide a medical narrative report in a Federal Disability Retirement application.  

Often, it is merely that the doctor does not understand the necessity of preparing a narrative report; or, as confusing as the entire administrative process of preparing a Federal Disability Retirement application is to the Federal or Postal employee, it is exponentially more confusing to the doctor, who is normally not part of the Federal workforce (unless he or she happens to be a doctor for the Department of Veterans Affairs, or is part of the Veterans Health Care System).  

It is ultimately the responsibility of the Federal or Postal employee to convey persuasive evidence and argumentation to the Office of Personnel Management, in order to meet that burden of proof, of showing that by a preponderance of the evidence the Federal or Postal employee has proven that he or she is eligible for Federal Disability Retirement benefits. While medical records, treatment notes, office notes, etc., can often be persuasive on their own, the applicant must be able to formulate a statement and refer to “the law” in order to convince the OPM Representative that his or her case meets that burden of proof.

Sincerely, Robert R. McGill, Esquire

OPM Disability Retirement: How Specific?

The Applicant’s Statement of Disability should be specifically tailored to encompass and embrace the particular type of medical condition, the unique symptoms which result from the specific medical condition, a factual delineation of the type of daily, essential elements of the particular type of job one engages in, and the impact of each to all.  The “creativity” of writing comes into play, not in terms of “storytelling creativity” (although the applicant’s statement must always have an element of storytelling), but rather a compelling description of the “human story”  — the story of the individual who is suffering from the particular medical condition, combined with the workplace impact and peppered with the emotional toll of the human condition.  It should never be voluminous — for length should never replace a concise story; it should never be a stream of consciousness — for the human story should always be factual and reasoned; and it should never be a ranting bundle of emotionalism — for the true story of a medical condition upon a human life should entail a medical delineation, along with a detached, but personal, account of the person’s statement of impact.  Such a balanced story needs to be told well, and it needs to be compelling.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: A New Beginning

After representing so many Federal and Postal employees over these many years, there are stories which continue to sadden me; as with all professionals, I attempt to bifurcate my life, and not get “personally” involved with my cases.  To blur the lines between providing sound and effective legal advice, and getting “involved” in the personal tragedies of my clients, would certainly undermine the professional effectiveness needed in providing for my clients.  To a great extent, I am successful. Every now and then, however, I am informed of a tragedy — and it touches me. Perhaps that is a good thing; for one can become insensitive, or “de-sensitized” in a way that can be detrimental.

I try and explain to many people that getting Federal Disability Retirement benefits should never be a judgment upon one’s career — let alone one’s life. A career can span a lifetime, or it can extend for a couple of years (i.e., at least the 18 months of Federal Service that is needed to even qualify under FERS). However long, to come to a point in one’s career where it becomes necessary to acknowledge to one’s self that certain medical conditions are directly impacting one’s ability to perform the essential elements of the job — such an admission should never be interpreted to mean that such a circumstance has somehow devalued the worth of a person.  Human beings are complex entities, bundled up by personality, uniqueness, family, job, hobbies, thoughts — a compendium of a history of one’s life.  Note that I merely inserted the concept of “job” within a sequence of many facets.  And, indeed, one’s job is important — it takes us away from the many other bundles of our lives, and forces us to expend 8, 10, 12 or more hours per day, Monday thru Friday, and some weekends, too.  But that which takes up a large quantity of our time does not necessarily or logically result in the definitional essence of a human being; the fact that we spend a great deal of time in the bathroom does not mean that such an activity defines our “essence”.  “Worth” of a human being attaches to each of us, and is inseparable from each human being.  One’s job and career constitute only a small part of us.  Let’s keep that in mind, and in its proper perspective.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability: The Decision

It is always a hard decision to file for disability retirement benefits.  Aside from the psychological anguish which must be confronted (feelings of worthlessness or devaluation of one’s worth because we live in a society which places a high value upon productivity, work, and output & competence in our jobs, despite our giving lip-service to “family”, “relationships” and “community”), the potential disability retirement applicant must also make pragmatic decisions based upon a variegated spectrum of financial, professional, family & economic circumstances.  Such foundational, decision-making factors could include:  one’s medical conditions (obviously); the type of job one is in; whether a disability retirement annuity is sufficient or even realistic; whether the job market outside of the federal sector is promising enough to allow for making up to 80% of what one’s job currently pays, in addition to the disability annuity; whether a parti-time position or partial income added to the disability annuity will be enough; whether one’s supervisor & agency will be “going after” you for performance, conduct, or excessive absences, and if so, how soon; and many other factors. 

It is always a trying time.  Consideration in filing for disability retirement benefits must be based upon a deliberative methodology, based upon serious consideration of multiple factors.  In basing a decision to file for disability retirement, it is best to do it right before considering doing it at all.  As such, consultation with an attorney who is an expert in the area of Federal Disability Retirement laws can be an invaluable source of information in making the “right” decision.

Sincerely,

Robert R. McGill, Esquire