Postal and Federal Disability Retirement: Patience & Frustration

Stories now abound concerning the backlog at the U.S. Office of Personnel Management; and as has been often stated by the undersigned attorney, if the old adage that “patience is a virtue” is truly a truism, then Federal and Postal employees must indeed be the most virtuous of individuals in any given society, because the long wait in order to obtain a decision — favorable or otherwise (and, if the latter, then at least the Federal or Postal worker can assert his or his reconsideration or appeal rights in the matter) — on a Federal Disability Retirement application certainly tests the outer limits of one’s moral character.

The inverse emotional reaction to the moral character of virtue, is the expression of frustration.  Such an expression is the release of irritation, anger, and an overwhelming sense of angst at a system and administrative procedure which follows no rules, acknowledges no time lines, and concedes no boundaries of what a “reasonable” length of time would be defined as.

Then, of course, one always hears of “stories” about individual X who filed and got a decision within a month of a case being assigned; or that individual Y went into bankruptcy while waiting for OPM to make a decision.  It is best to refrain from comparative analyses; such stories, in whatever form and to what extent of truth is contained, will only increase the level of frustration, and further test the moral fibre of virtue.

While there is no single answer to the long waiting period which OPM has imposed upon the process, this much is true:  Approvals are being issued; decisions are being made on a daily basis; it is simply a matter of time.  In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, this period of waiting must be “factored in”.  But when such factoring has occurred, the actual period of waiting is indeed a frustrating part of the administrative process.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: Rumors, Stories and…

Part of the successful strategy of remaining focused, steadfast and purposeful is to maintain and retain the ability to filter out ancillary information  as opposed to the essential ingredients which comprise the important, relevant foundation in any endeavor.  

In preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS from the Office of Personnel Management, throughout the administrative process comprising the aggregate of procedures, maneuvering through the agency, then waiting for the decision from the Office of Personnel Management, the Federal or Postal employee naturally becomes sensitive to rumors; to information received from various sources — other co-workers, Agency Human Resources personnel, friends, family, etc.

Whether such rumors or “information” concern the success or failure of other Federal employees who filed for Federal Disability Retirement benefits; or more generic rumors about the Federal Government and pension benefits, pending legislation about new or proposed laws impacting Federal Disability Retirement benefits; or that OPM is “denying a higher number of initial applications”; or the opposite argument that OPM is “approving Federal Disability Retirement applications to get rid of Federal employees”, and a host of other rumors, stories, and out-of-context partial truths, stories, and outright misinformation — it is important to distinguish between truth, lies, rumors and half-truths.  

The better methodology is to focus upon the present process, and one’s own Federal Disability Retirement application, and leaving aside such rumors and stories.  Put together the most effective Federal Disability Retirement packet one can possible compile; submit it; and the outcome will be based upon the sufficient viability of the Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Approvals & Disapprovals

The Office of Personnel Management seems to have recently issued a volume of decisions on Federal Disability Retirement applications on Federal and Postal employees under FERS & CSRS.

From the calls received from non-clients, and from clients, one sometimes wonders whether or not some sort of “quota-system” isn’t being imposed at the top levels.  Yet, statistically, the percentage of disapprovals v. approvals is not noticeably different than before; it is difficult to determine in any given period of time whether or not there is a higher rate of denials/disapprovals than approvals, in comparison to other periods.

What matters is not the general rate of approvals or disapprovals; rather, each individual case must be taken on its own merit, and responded to with the Office of Personnel Management (or, if the denial is at the Reconsideration Stage, then an appeal to the Merit Systems Protection Board) in a timely fashion, and in a tailored, appropriate manner.

Each case is indeed “different”.  One cannot compare one case with “war stories” about how X filed his or her application and got it approved “within a week”.  Such rumors can never be verified, and even if it could be verified, there are always individual and unique circumstances which must be taken into account.

Comparisons between different time periods, as well as between two or more independent cases, are never helpful; instead, the focus must be to take the uniqueness of any given case, and decide on the best course of action in order to obtain the one and only outcome which is acceptable for any given OPM Disability Retirement case under FERS or CSRS:  an ultimate approval.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Patience and the Attorney

Attorneys have limitations.  This may be a surprise to some people; many believe that because an attorney is involved, mountains can be moved and cases can be immediately resolved.  There are always “war stories” about the worker that X knows who filed a Federal Disability Retirement application under FERS or CSRS and got it approved within a couple of weeks, and got paid immediately the day after.  One should always be suspicious of such stories; they may or may not be true, but there is never a way to verify the truth, falsity or exaggeration of such stories without directly contacting the individual. 

What is “known” for certainty is that the Office of Personnel Management is a large governmental entity; it moves slowly; “demanding” that something must get done immediately, merely because one is represented by an attorney, will not necessarily make it so.  If a client hires an OPM Disability Attorney because he or she thinks that the OPM Disability Retirement application will go to the front of the line and bypass all administrative obstacles, then there must be some misunderstanding.  A Federal Disability Attorney should be hired to represent a disabled Federal or Postal employee based upon the following criteria:  (1)  The application stands a better chance of approval at the first stage, and (2) in the event of a federal disability denial, a responsive rebuttal will continue to increase the chances of ultimate approval.  For, that is the point of legal representation — ultimate approval.  The “fight” may have many rounds; it is the ultimate round of success which the attorney is most concerned with, in order to secure the long-term future of the client. Yes, the immediate pain of waiting, of financial uncertainty, etc., is very trying, and hardships abound.  That is where patience must come in.

Sincerely,

Robert R. McGill, Esquire