Medical Retirement Benefits for US Government Employees: The Waiting

We wait in lines and on telephones; we wait for the mail and to be served in restaurants and supermarkets; waiting is a necessity, based upon a closely-held belief that the end-product for which we expend such virtues as patience is worthy of the investment of time. There is always a quick calculation which must be engaged before the waiting can begin; of weighing the importance of the service or product to be received, in conjunction with the time it will take to attain the goal of receipt, and in further consideration of the comparative value of other things “to do”.

For the Federal or Postal Worker who is filing for Federal disability Retirement benefits from the U.S. Office of Personnel Management, whether the Federal or Postal Worker is under FERS or CSRS, the worth of waiting must always be balanced with the proverbial question, “For what?”

Waiting for a Federal agency or the U.S. Postal Service to initiate an action which may or may not impact a Federal Disability Retirement application is normally not “worth” it, for such a wait may never produce anything fruitful. Waiting because to do otherwise — to act — will incur efforts of cognitive or physical exhaustion is something which will only delay an inevitable need, and is therefore unwise to engage, is something that must be often countered by sheer force of will.

On the other hand, once a Federal Disability Retirement application is filed with the U.S. Office of Personnel Management, the real game of waiting begins, and one which no one has very little and limited control over. For, ultimately, the U.S. Office of Personnel Management — the agency which has the authority to approve or deny a Federal Disability Retirement case — has the cards which count, and the requested product of the goal to attain: a decision on a Federal Disability Retirement application filed by the Federal or Postal Worker.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: Surprise in the Universe of Reconsiderations

Until the science of Physics can implement the ability of molecular and particle transference technology (i.e., “Beam me up, Scotty”), there is little potential of resolving the Cartesian mind/body dualism (i.e., that French Philosopher Rene Descartes, who bifurcated the world between the material and the spiritual). But such dualism in philosophical terms does not mean that we can be at two places at one time; or even attempt to be “objective” when the subjective “I” is the very same person who is attempting to appear objective.

In Federal Disability Retirement law, when the U.S. Office of Personnel Management issues a denial letter, the customary response by the denied OPM applicant, whether a Postal Worker or a non-Postal Federal Worker, is that he or she is “surprised” by the initial denial because of the strength, completeness, and thoroughness of one’s Disability Retirement packet.  But that should be a given.

No one who files with OPM should do so without meeting the requisite foundations of thoroughness or completeness.  But this is where the problem is:  the very person who determines that a Federal Disability Retirement application is sufficient, is the same person who suffers from the very medical conditions of which the application speaks about.

The subjective/objective coalescence makes for a difficult mind/body dualism, in that the one who suffers from the medical condition can hardly assess and evaluate, in an objective manner, the strength of the Federal Disability Retirement application.

Thus, the Cartesian mind/body dualism lives on, and until Captain Kirk can guide us otherwise, such bifurcated dualism will continue to pervade all Federal Disability Retirement applications, whether under FERS or CSRS, and the denials which follow will still have the familiar response of, “Surprise!

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: Denials

Denials come with an unexpected force and impact; for, in every Federal Disability Retirement case, there is the expectation that the application itself merits close scrutiny and a belief that a proper review will persuade the OPM trier of facts that the Federal Disability Retirement application should be approved.

Indeed, from the perspective of the applicant, who is suffering from the medical condition itself on a daily basis, it is often a reaction of disbelief and anger when a denial is issued by the U.S. Office of Personnel Management.  But one must understand that this administrative process identified as “Federal Disability Retirement” is one which is not an “entitlement”, but rather, an adversarial process where proof, argumentation and persistent appellate procedures must be invoked at every step of the way.

That is why, in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, one needs to always prepare a case as if it will ultimately go to the U.S. Merit Systems Protection Board.

Further, it is understandably disappointing to read an OPM denial and find that the OPM case worker does not even mention or refer to much of the substantive medical documentation submitted, but instead blindly (and generically) issues a template of tired old phrases, such as, “You did not meet the legal criteria“; “The evidence did not show that…”

With hundreds of cases assigned to each OPM Case Worker, one must understand that denials are rarely personal; but in responding to a denial from OPM, one must be diligent, forceful, and approach it with the use of all legal tools available.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Unfortunately, like a Toothache

Preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management is analogous to having a toothache — a gnawing sense of foreboding during the entire process, especially during the long period of waiting for a decision from the Office of Personnel Management.  Then, like the extracted tooth which cures all ills, an approval from the Office of Personnel Management solves many of the problems, clears up much uncertainty for the future, and allows for a good night’s sleep for the first time in many months.

The difference between filing for Federal Disability Retirement benefits and having a toothache, however, is that while the latter can have a solution fairly immediately, the former will linger for many months, and it is precisely the longevity of the process which is the most disconcerting.

Further, the fact that one’s own Federal agency, or the U.S. Postal Service, and specifically the Human Resources office of many agencies (there are, of course, exceptions to the general rule, though such exceptions are rare and delightful when found — sort of like coming upon a near-extinct species and recognizing the aberration of the moment) will deliberately and with purposive intent attempt to obfuscate and create unnecessary obstacles (isn’t that precisely why such euphemistic designations like, “The Office of Human Capital” is applied?) is itself disturbing, puzzling, and infuriating.  But like the toothache, all that can be done during the long administrative process is to wait for that moment of extraction — or approval, as the case may be.

Sincerely,

Robert R. McGill, Esquire