Early Medical Retirement for Disabled Federal Workers: A Human Odyssey

Kubrick’s classic movie involved space and the human challenges of technological interaction with an amoral intelligence of the highest order, within the context of time, space and the future of mankind.  But such challenges are met daily by ordinary human beings, in contexts not quite so lofty as space stations and artificial intelligence.

For the Federal and Postal employee, the coming year will encounter multiple challenges involving budgetary constraints and demands for streamlining, as the economy continues to struggle to revive and public funds become arenas for competing interests.

For the Federal and Postal employee who faces the further challenges of a medical condition, such that the medical condition impacts one’s ability to perform one or more of the essential elements of one’s job, the contemplation of filing for Federal Disability Retirement benefits, whether under FERS or CSRS, will be a continuing benefit to consider.

May 2014 bring prosperity and joy to all, and some semblance of security to those who require the benefit of Federal Disability Retirement.

Sincerely,

Robert R. McGill, Esquire

Federal & Postal Service Disability Retirement: Hindrances

One would think that the Human Resources Department of the Agency from which a Federal or Postal employee is attempting to file a Federal Disability Retirement application, would be a “helpful” entity.  It is indeed a baffling phenomena when one pauses and reflects upon it:  What is the purpose of the Human Resources Department?  Specifically, what existential purpose does a person serve, who has a positional designation of “Disability Retirement Specialist”?  Let me attempt to answer the question in the way it is supposed to be answer:  1.  The purpose of the Human Resources Department is to help the Federal and Postal employees of the Agency or Department of which they have been established.  2.  The person who holds the designated job entitled, “Disability Retirement Specialist” is one who, theoretically, is there to assist in any way, within the legal confines established by the Agency, in as much as possible, to help the Federal or Postal employee to finalized and complete the disability retirement packet for submission to the Office of Personnel Management.  Now, let me pose the following hypothetical:  an H.R. person calls up and says, “I cannot forward the disability retirement packet because Box Number ___ on Standard Form _____ has not been checked.”  Does this sound like the Human Resources Department is fulfilling the existential purpose for which it was established?  On the other hand, rhetorical questions are fun to ask, precisely because they are rhetorical, and allow one to expiate some build-up of frustrations on a Friday night, after a long week dealing with multiple agencies.  Have a good weekend.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Workplace (Part 2)

In filing for FERS or CSRS Federal Disability Retirement benefits with the Office of Personnel Management, it is important to stay away from issues which may explicitly or implicitly characterize the particular medical condition as being “situational” in nature.  However, this does not mean that the medical condition cannot have originated from, or been exacerbated by, the workplace environment.  Remember that OPM disability retirement is not like OWCP/Worker’s Comp — the issue of causality, or whether the medical condition occurred as a result of your occupation, is not important to prove. 

However, sometimes, it is simply an indisputable fact that the medical condition originated from the workplace, or was exacerbated by conditions in the workplace.  Such origination or exacerbations, once it takes on a “life of its own” and becomes chronic and pervasive such that the medical condition impacts a person both at the workplace as well as outside the workplace, then it has transformed into a medical condition beyond being merely “situational”.  Thus, that which originated as a “situational” medical condition may well no longer be a situational one.  In such cases — and that is normally the case in almost all medical conditions which begin as a situational disability — there would be no problem with filing for OPM disability retirement benefits.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: Indicators

If your weekends are spent for the purpose of recuperating just so that you can have the energy, strength, mental acuity, and sustained focus and attention to go back to work on Monday, then it is an indicator that you may need to file for Federal Disability Retirement benefits under FERS or CSRS; if, after each day of work, you are so profoundly fatigued that you end up spending each evening just resting, unable to have any significant recreational enjoyment or time for relaxation, time with family, etc., then it is an indicator that you may need to file for Federal Disability Retirement benefits under FERS or CSRS; if you must take sick leave, LWOP or annual leave every few days, or after a week of work, because you need the time off to recuperate, then that is a further indicator.  Ultimately, each individual must make his or her decision as to the timing and whether one has reached a critical point where filing for Federal Disability Retirement benefits under FERS or CSRS is necessary.  Different reasons for different people; different factors at different times of one’s life. 

Sincerely,

Robert R. McGill, Esquire