Postal and Federal Disability Retirement: The Friday Syndrome

Fridays constitute the day of victory for the Federal or Postal worker (unless, of course, the Postal Worker is scheduled for Saturday, or the Federal Worker is taking his or her work home) who is struggling to survive another week.  

It is the end of the work cycle, and the beginning of the recuperative cycle in order to muster, gather and preserve enough energy over the coming weekend, in order to begin anew another week of the work cycle.  It is the “Friday Syndrome” — suffered by thousands of Federal and Postal employees who have a medical condition which prevents them from performing one or more of the essential elements of one’s job, but because of family obligations, financial considerations and a sheer sense of self-worth, the enduring struggle of the human narrative to continue to work perseveres.  

Federal Disability Retirement benefits under FERS or CSRS — sometimes identified as “OPM Medical Retirement”, “Federal Disability Retirement”, or “Federal Medical Retirement” — is a benefit which constitutes one leg of the entirety of the compensation package for every Federal or Postal worker who is suffering from a medical condition which has, or will, last for at least 12 months, and impacts one from performing one or more of the essential elements of one’s job.  

It is there precisely to attend to the growing problem of the Friday Syndrome — of the enduring pain and debilitating nature of the medical condition; the sick leave restrictions which have been placed on the Federal or Postal employee; the potential for being placed on a PIP; the threat of termination; the suspicion that the Supervisor and co-workers are whispering conspiratorially behind your back; the constant nit-picking of everything that the Federal or Postal worker is doing; the stresses of work and workplace harassment with little or no empathy for the struggle to maintain a life and to endure through the exacerbating medical conditions — these are the characteristics of the Friday Syndrome.  

It may be time to consider tapping into the benefit of Federal Disability Retirement, in order to put a stop to the Friday Syndrome.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for Federal & Postal Employees: Reminder

If a Federal or Postal Employee files for Federal Disability Retirement benefits under FERS or CSRS, remember that:  (A)  You are not required to stop working, as most people for economic necessity continue to work, and (B)  If you stop working, and you are not using your Sick Leave or Annual Leave, but are out on LWOP, remember that once you obtain an approval for your Federal Disability Retirement, that back-pay will be paid all the way back to your “last day of pay”, and not to the last day you “worked”. 

In other words, if you are out on LWOP for three months (as a hypothetical), and on the day before you are approved for your OPM Disability Retirement, you receive a paycheck from your Agency for 1 hour of SL or AL, then you have lost all of the potential “back pay” of the three months on LWOP, because the “last day of pay” was the day just before your Federal Disability Retirement was approved.  Be careful that this does not happen.  While donated leave is often accepted because of economic necessity, you will likely regret accepting such payment once your Federal Disability Retirement application is approved.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: The Right Time (Part 2)

How to determine when is the “right” time to file for Federal Disability Retirement benefits under FERS & CSRS, and when is the right time — those are issues which are quite personal and peculiar to each individual case.  Unfortunately, it is the very inherent nature of medical conditions, medical disabilities, and the chronic & debilitating symptoms that accompany such conditions, combined with the strong sense of loyalty, commitment to duty, and the desire to continue to believe that a Federal or Postal worker will overcome the current condition of disability — that often prevents a person to come to the critical point of determining the “right time”.  And, to put it in its proper perspective, this is probably a good thing, insofar as being a reflection upon the character of most individuals. 

Most individuals have a strong sense of commitment and hard work, and most want to continue to believe that one’s condition of medical disability is merely a temporary state of affairs.  But when such loyalty and commitment comes at the price of one’s personal detriment, it becomes a negative thing.  The problem comes when all of the objective indicators are ignored — when sick and annual leave are being depleted; when excessive LWOP is taken; when performance at work clearly suffers; when each night and weekend are used to recuperate from the day’s work; when savings become depleted; when a sense of desperation sets in.  Then, when it comes time to make the decision, it becomes an emergency. At that point, while it is not too late to begin the process, it is probably less than the “right time” to have started the process.  While better late than never, it is a good thing to take affirmative control of one’s future, and not let events control it uncontrollably.

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

CSRS & FERS Disability Retirement: The Right Questions

Often, a person who is contemplating filing for Federal Disability Retirement benefits under FERS or CSRS doesn’t know the “right question” to ask in order to make a proper decision.  Because a medical condition often leaves a person with daily and profound fatigue  (both physical and cognitive), it is enough just to get through the day, come home and attempt to recuperate and regain enough strength to try and make it back to work the next day.  Then, of course, there are the financial worries — whether or not the disability annuity will be enough to support a family; whether a person will be able to supplement his or her income with a part-time job in this tough economy; or whether Social Security Disability benefits can be approved and, even with the offset, allow for enough income for some semblence of financial security. 

All of these questions — or concerns — are clearly legitimate ones, and provide a good foundation for determining the viability for filing for Federal Disability Retirement benefits under FERS or CSRS.  But there are others, also:  What will happen if you don’t file for disability retirement benefits?  Will you be placed on a PIP?  Will you receive an unsatisfactory performance rating?  Will you last until retirement age?  If you last until retirement age, will you have the health necessary to enjoy your retirement?  Is it time to start a small business venture in this tough economy, and if so, when the economy begins to recover, will your small business grow with a growing economy?  Will your supervisor support your extended absences or over-use of sick leave for much longer?  Is the work that is getting backed up placing more pressure on you, such that it is exacerbating your medical condition further?  Think through the questions seriously.  It may be time to file for Federal Disability Retirement benefits under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: Clarity over Question

While a compromise position on certain issues in Federal Disability Retirement for FERS & CSRS may be the best that one may hope for, obviously, clarity over question is the better course to have.  Thus, for instance, in a removal action, where a Federal or Postal employee is being removed for his or her “excessive absences,” it is best to have the proposed removal and the decision of removal to reference one or more medical conditions, or at least some acknowledgment by the Agency, that would explicate — implicitly or otherwise — that the underlying basis for the “excessive absences” were as a result of the medical condition.  There are cases which clearly state that where excessive absences are referenced by medical conditions, the Bruner Presumption would apply in a Federal Disability Retirement case. 

Now, in those cases where the removal action merely removes a Federal or Postal employee for “excessive absences”, there are other methods which may win over an Administrative Judge to apply the Bruner Presumption.  Such “other methods” may include emails or correspondence, at or near the time of the removal action, which appears to put the Agency on notice about specific medical conditions, including attachments of doctor’s reports, medical notations, etc.  Such concurrent documentation can convince an Administrative Judge that, indeed, the question as to whether the “excessive absences” were as a result of a medical condition, and whether the Agency was aware of such an underlying basis, is clarified by documents which provide a proper context within the reasonable time-frame of the issuance of the proposal to remove and the decision to remove.  It is always better, of course, to have clarity over a question, but sometimes the question can be clarified with additional and concurrent documentation.

Sincerely,

Robert R. McGill, Esquire