Federal Gov. and USPS Disability Retirement: Expectations

Expectations are peculiar anticipatory states of being; based upon an accurate assessment of factual considerations, they can comport with a true sense of reality; dependent upon an unrealistic foundation of pure desire and want, it can lead to a devastating loss of trust.  In order to avoid unrealistic expectations, it is necessary to evaluate and assess, as much as possible, facts from past experience, objective present circumstances, and projection of fairly accurate intuitions for the future.

For Federal and Postal workers contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, a realistic expectation as to all aspects and corridors of the benefit itself is necessary in order to survive the entirety of the administrative and bureaucratic ordeal.

From evaluating the strength of one’s medical support, to the ability to convey a persuasive argument and case to an agency which reviews tens of thousands of Federal Disability Retirement cases; from a realistic timeframe of the entire process from start to finish; to financial considerations and future earnings potential and whether one can work in another job or vocation.  All such considerations should be evaluated and discussed.

In the end, however, the Federal employee who is contemplating filing for Federal or Postal Disability Retirement benefits often is confronted with limited choices: to continue working under the same conditions, that is, doing with the same tasks in the same Federal occupation (normally not an option, and that is why Federal Disability Retirement is considered in the first place); to walk away without filing for disability retirement benefits (almost never an option — self-evidently so); or filing for disability retirement benefits (the necessary option, and why it is being considered in the first place).

It is the expectations which often dismay, however, and it is a good idea to keep that animal in a cage of realistic assessments.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Resisting Tendencies

In filing an application for Federal Disability Retirement benefits under FERS or CSRS, there is a tendency to assuming that the Federal Agency will be providing a complete, fair, impartial, and thorough review of one’s application, and that one’s disability retirement application will be applied in accordance with the law.  Such a tendency to expect a certain level of competence and impartiality is certainly understandable; but the reality is far from the tendency of such expectation.

There are many factors which interfere with such expectations: the competency of the assigned OPM representative; the knowledge (or lack thereof) of the individual Representative; the caseload; and multiple other factors. Thus, when there is the false expectation that one’s Federal Disability Retirement application has been fully reviewed and the entirety of the law has been taken into consideration, there is a tendency to believe what the Office of Personnel Management has said as gospel truth.  “There is insufficient objective medical evidence to…”   “The MRIs failed to reveal that…”   “Your doctors failed to state that…”

These are all generic statements that may or may not be true, but sound like they provide a basis for a denial.  Resist the tendency to believe what OPM says; ultimately, a Federal Disability Retirement application must comply with the laws which govern the administrative process, and may well have to go to an administrative judge to prove the issue.

Sincerely,

Robert R. McGill, Esquire