Postal and Federal Disability Retirement: Last Minute Filings

Waiting until the very last moment in order to file a Federal Disability Retirement application is often an inevitable reflection of the medical condition itself; whether because the thought and act of filing contributes to the exacerbation of one’s condition, or because the severity of the medical condition impedes and presents an obstacle to proceeding, are somewhat irrelevant in the end; whichever may be the case, the fact is that the admixture of medical conditions, Statute of Limitations, and the need to obtain Federal Disability Retirement benefits, do not cohere well, and something inevitably suffers as a consequence.  But the law is impervious to excuses of filing inaction (with some narrow and specific exceptions); and society’s view is that a limit must be imposed at some point.

Thus:  For filing a Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS, the Federal or Postal employee must file the application for Federal Disability Retirement benefits within one (1) year of being separated from Federal service.  Waiting until the last minute can have some inherent and deleterious consequences, and failing to be attuned to them can come back to haunt one at a later date.  For example: Since one has waited until the last moment to file, once a Federal Disability Retirement application is filed, there will be little to no chance of amending the application (note:  “amending” is not synonymous with “supplementing“), as one no longer has the luxury of withdrawing a Federal Disability Retirement application, amending, and refiling; for, in the meantime, the Statute of Limitations has presumably come and passed.

Filing for Federal Disability Retirement benefits and waiting until the last possible moment is, unfortunately, a reality reflecting the often anxiety-filled state of affairs, both for the individual and the pressure to file on time; with that being said, it is nevertheless a reality which must be faced, and handled in the best possible manner under the given circumstances.

Sincerely,

Robert R. McGill, Esquire

Federal & Postal Employee Medical Retirement: The Intersection of Interests

Throughout one’s life, most Americans have minimal contact with governmental bureaucracies and agencies, except to comply with Selective Service requirements, join the military, file tax returns, claim Social Security benefits in older age, etc. Such encounters are often considered bothersome, and many grumble and complain about the intrusive nature of such dealings. What is often not perceived, of course, is the vast amount of indirect statutory and administrative requirements placed upon private entities, which then shift burdens upon the private citizen, unbeknownst to the person entering the store, bank, etc.

For the Federal and Postal Worker, however, the daily bureaucratic encounters are part of one’s life. The Federal and Postal employee is part of that administrative process which impacts the private sector of the economy; they are, in essence, the “insiders” who make the mechanisms of government tick. As such, the Federal and Postal Worker often has little idea how the “private” individual views such inner workings, until he or she becomes just like the “outsider” and encounters a Federal bureaucracy in the same shoes as the private individual.

When the Federal or Postal employee finds it necessary to prepare, formulate and file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS, such a clash and intersection of interests suddenly takes on a new perspective. In one fell swoop, the Federal and Postal employee filing for Federal Disability Retirement benefits becomes both an “insider” as well as an “outsider” — the former, because he or she is still part of the Federal agency or Postal Service; the latter, because such dealings must ultimately be with an independent agency identified as the U.S. Office of Personnel Management.

Such intersection of interests often becomes befuddling; for, no longer is the encounter embracing the administrative and bureaucratic work to which one is accustomed; rather, it is to stand in line like other private citizens to file a claim for benefits.

Such a state of being, for the Federal and Postal Worker, can be likened to the deceased individual caught in Purgatory; and, indeed, perhaps some sins unknown and not atoned for, have been placed upon such Federal and Postal employees to have to encounter OPM in such a state. Whatever the reasons, such an encounter can be just as much of an eye-opener to the Federal and Postal employee, as a private citizen who encounters the complex bureaucracy of the Federal government for the first time in his or her life.

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

Federal Employee Medical Retirement: The Imperfect Sequence of Filing

If the Statute of Limitations is quickly approaching for a Federal Disability Retirement application under FERS or CSRS, it is important to put aside the procrastination and delay (is that a self-contradiction — to “put aside” procrastination?) and just file the basic forms.  An imperfect filing of a Federal Disability Retirement application is better than no filing at all.  

As has been often stated and restated in previous blogs and articles, one cannot make a substantive argument for a Federal Disability Retirement case (let alone even a non-substantive argument) if one does not first meet the minimum criteria of eligibility by filing a Federal Disability Retirement application in a timely manner.  

The Office of Personnel Management will inform the Federal or Postal worker who files an imperfect Federal Disability Retirement application, of the “missing” items and forms which were not filed, and allow for thirty (30) days to correct the imperfect filing.  This is certainly preferable, however, to not filing at all, and missing the deadline and trying to argue with the Office of Personnel Management the reasons why you did not file on time (actually, there will be no “argument” per se — only silence and being ignored as irrelevant and non-existent).  

Thus, whatever the reasons might be — haven’t received all of the medical reports; the former agency has not returned the Supervisor’s Statement or SF 3112D; haven’t filed for SSDI yet and received a receipt; haven’t …   It doesn’t matter.  What matters is to file the three (3) basic forms on time (SF 3107 or 2801, Application for Immediate Retirement; Schedules A, B & C; and SF 3112A, Applicant’s Statement of Disability).  

Once filed, you have the basis to argue for an approval.  Without having filed, the void, vacuity and silent nothingness of nonexistence will overwhelm the ticking clock which reminds one that the tolling of the Statute of Limitations has come and passed.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement Benefits for Federal & Postal Employees: Waiting

Waiting for a decision to be rendered by the Office of Personnel Management for a submitted Federal Disability Retirement application, either at the Initial Stage of the Process, or after filing additional medical documentation and legal arguments at the Reconsideration Stage of the process, can be an agonizing time.  It is easy to say, “Patience is the key“, when each day passes without a word.  A call to the Office of Personnel Management will rarely yield any positive results.  Yes, there are some supervisors and contacts which can be helpful in the process, but ultimately too much undue pressure can sometime backfire.  Is there a statutorily mandated time-frame within which OPM must respond and make a decision?  Normally, they will inform you that they try and make a decision within 90 days of whatever the beginning of the time-frame they ascribe, but it can take much longer.  The key to the entire process is to survive the time of waiting, however long that may take.  Survival is best endured if one recognizes at the beginning of the process, that this is one process which can take a long, long time.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: The Wait Seems Longer

For those waiting for their Federal Disability Retirement application under FERS or CSRS, pending before the Office of Personnel Management, the wait seems to be getting longer and longer.  Whether at the initial stage of the application process, or at the Reconsideration Stage, OPM is taking longer to make a decision on a pending application.  Everyone, of course, wants his or her application to be the next in line; and, indeed, it is all the more frustrating when an applicant is told that a decision will be made “within the next 2 weeks”, and after the 2-week period comes and passes, still no decision. 

What makes it worse is that, even after an approval, there seems to be longer delays in processing the approved application before payment is received.  Further, even after the “interim” payments begin, there appears to be a longer wait before a case is “finalized” for payment processing.  Each period of delay results in a ripple-effect throughout the system as a whole, and indeed, in these economic times of hardship, it  places an even greater burden upon those who need the financial benefit most — those who are disabled, and who rely upon the benefit of disability retirement payments for their very livelihood.

Sincerely,

Robert R. McGill, Esquire