Federal Worker Disability Retirement: The Anxiety of the Unknown

It is a testament to the complexity of human intelligence which brings about unsolvable medical mysteries such as panic-induced physical manifestations and chronic, progressively deteriorating somatic illnesses which reveal no clear organic orientation.

Anxiety is a permanent feature of our culture, now; for, with so much uncertainty pervading our lives, with the growing complexities of changing economic circumstances, greater intrusion of technology and violations of basic privacy issues, the onslaught of stimuli for which Man has had little time to adapt, portends of a response both by one’s psyche as well as the body, to react to the unknown and unknowable.

The contradiction is inherent in our nature; on the one hand, human frailty is the basis for a community’s sympathy and empathy; but as we become more and more removed from our communities and disjointed by the medium of technology and the virtual world, those who can withstand the coldness of the world are “fit” for survival in the new world.

For Federal and Postal employees who suffer from a medical condition such that the illness or chronic, progressively deteriorating disability prevents the Federal and Postal employee from performing all of the essential elements of one’s job, it is often the anxiety of the unknown for one’s future which further exacerbates the medical condition itself.  Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS, is often a first step in attaining a level of stability in one’s life; for, with a Federal Disability Retirement approved, it allows for some semblance of certainty for the future.

Unfortunately, the anxiety of the unknown is a characteristic of our society which will remain, and the Federal and Postal employee who suffers from a medical condition must contend with that feature as best they can, and it is often the benefit of Federal Disability Retirement which is the first positive step in response to the frightful uncertainty of our times.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: The Unknown

Irrational fears reflect the extent of human imagination, and the creative capacity of the human species to engage in fantasies.  For, in the animal kingdom distinct from civilization, the ability to survive depends upon accurately assessing real-time dangers and impending surroundings and circumstances; to go after imaginary ones merely exhausts the reserves needed to battle against real dangers.

That is why the virtual world of modern video games is so detrimental to the proper development of children; experts miss the real point:  the world of make-believe is more exciting than the objective world we live in — witness which is preferable, real time deer hunting (a monotonous adventure at best), or being able to shoot at will at a video arcade.  But it is ultimately the unknown which haunts and stresses most.

For the Federal and Postal employee who must contend with the real issues of a debilitating medical condition, the unknown of one’s future; the unknown of the reaction of one’s agency; the unknown of when and what decision will be rendered by the U.S. Office of Personnel Management, is never as exciting as the virtual world of the video arcade, or as depicted in the privacy of sitting at one’s personal computer.

Filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, is oftentimes a surreal experience; but it is never like a video game, because there are real-life consequences which result from the action, just as the medical condition itself is a reality which cannot be avoided, unlike the switch from virtual-reality to objective-reality, with the push of a button of one’s PC.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: The Pilot

It is actually a misnomer to connect the terms “automatic” and “pilot” , precisely because the former term completely and unilaterally undermines the latter.  Think about it:  the entire concept of the term “pilot” denotes and encompasses the ability of an individual to control the destiny, direction and distance of that which he is maneuvering; once it is turned over to an engineering phenomenon which performs the activity with data already inputted by others, such control is lost, and the fullness of what it means to pilot a vehicle becomes meaningless.

It is, ultimately, a question of who controls the destiny.

For Federal and Postal employees contemplating preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the question is often one of being pulled and controlled by one’s circumstances, or becoming the pilot of one’s destiny and proceeding to dictate the terms and timing of one’s future.

Agencies by nature like to have control; whether it is in hiring, promoting, separating or engaging in adverse actions, agencies enjoy being the determining entity in all aspects of a Federal or Postal employee’s life.  One can wait for an agency to make a determination on one’s career or future; and, to that extent, they become the “automatic pilot” of one’s destiny.

It is up to the Federal or Postal employee to make a decision as to whether or not one should erase the former term, leaving one with the unmistakable role of being the pilot who determines one’s own destiny.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Freedom of Retirement

In this tough economy, many people are rightly concerned that, upon an approval for Federal Disability Retirement under FERS or CSRS, that it will be difficult to “make up” the income with another job, even though a person under Federal Disability Retirement can earn up to 80% of what one’s former Federal or Postal position currently pays.

Yes, it can be tough; yes, the economy is a concern; but recessions ultimately come to an end, and while a job to make up the severe pay-cut may be long in coming, self-employment, to begin a start-up business, or to work part-time is often an excellent opportunity.

Unlike having the larger percentage of pay under OWCP-DOL benefits, a disability retirement annuity under FERS or CSRS is indeed a greater pay-cut.  But salary is not everything; the freedom of retirement, the ability to determine one’s future, and not be under the constant and close scrutiny of Worker’s Comp, accounts for much.  Where some see a severe pay-cut, others see as an opportunity to begin a second career.  And the price of freedom from those onerous fiefdoms of federal agencies is often better health, and greater enjoyment of one’s freedom and retirement.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: When to File

I still get calls by people who state that (A) they are waiting for a year before they are going to file for FERS or CSRS disability retirement, (B)  It hasn’t been a year since they have been on LWOP, but it almost will be, or (C) They are waiting to be terminated so that their year will begin.  Quiz:  Which of the above (A, B or C) is the correct basis upon which to decide to file for Federal Disability Retirement benefits?  Answer:  None of the Above. 

Since OPM disability retirement can take anywhere from 6 – 8, sometimes 10 months to get (beginning the time-sequence from the time a doctor is contacted to provide a medical report, to putting the entire packet together, to getting it to the Agency Human Resources Personnel, to getting it to Boyers, PA, to getting it to Washington, D.C., to getting an initial approval, etc.), it is:  A.  Not a good idea to “wait a year” because there is no reason to wait; B. You don’t need to wait a year on LWOP to file for Federal Disability Retirement benefits, and:  C.  You don’t need to get terminated, or separated from Federal Service, in order to file for Federal Disability Retirement benefits. 

Let me re-emphasize:  The “1-year rule” has to do with the following:  A.  You have one (1) year from the date you are separated from Federal Service to file for disability retirement — but you can file at any time, whether separated or not, as long as it is not after 1 year after being separated from service.  B. Your medical condition must be expected to last for a minimum of 12 months — but your treating doctor should be able to tell quite easily whether or not the medical condition for which you are being treated will last that long — normally within a couple of months of treatment. 

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Interaction with EEOC & Other Legal Processes

I am often asked if other legal processes already filed — an EEOC Complaint, a corollary adverse action being appealed, etc. — will have an impact upon a Federal Disability Retirement application.  My general answer is, “No, it will not have an effect upon filing for Federal Disability Retirement.”  The second question which often follows, is:  What if the EEOC filing contradicts the Federal Disability Retirement application?  While the full answer to such a question will differ from case to case, depending upon the peculiar and particular circumstances of each individual case and application, my standard response to the second question will often contain a responsive query:  Have you ever heard of an attorney speaking out of two or three (or four) sides of his mouth?  As attorneys, we make multiple (and sometime contradictory) arguments all the time.  I am not concerned with the factual or legal arguments in a concurrent/parallel EEOC case; my job is to make sure that my client obtains a disability retirement — and if it somewhat contradicts the arguments made in an EEOC complaint, so be it — for, after all, I’m merely an attorney, and such inherent contradictions only prove the fact that lawyers have at least four sides to every mouth.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Denials

Denials received from the Office of Personnel Management are particularly difficult news to digest. It is not so much that the denial itself obviously represents “bad news” (that is difficult enough), but for the disability retirement applicant, it casts a long and foreboding shadow upon one’s financial and economic future. For, obviously, the income from the disability annuity is being relied upon; the applicant filed for Federal disability retirement benefits under FERS or CSRS based upon the assumption that it would be approved, and the future calculation of economic and financial stability was based upon the obvious assumption of an approval. Long-term plans are made based upon the assumption of approval. Further, it doesn’t help that the basis for the denial, as propounded by the Office of Personnel Management, is often confusing, self-contradictory, and without a rational basis. It is often as if the OPM representative just threw in a few names, referred to some doctor’s reports, and essentially denied it with a selective, almost pre-determined view towards denying the claim. This is unfortunate, because the Office of Personnel Management is under a mandate to make its decision based upon a careful and thorough review of the applicant’s supporting documention. However, when the denial is received, one must fight against the initial feelings of defeat and dismay; work is yet to be done, and a view towards the future must always be kept at the forefront. A time to give up is not now; it is time to fight onward, and to move forward.

Sincerely,

Robert R. McGill, Esquire