OPM Disability Retirement: The Problem of Perhaps

Perhaps it is time to approach the problem from a different perspective; perhaps it is not.  We often engage in games of self-delusions, of allowing words of self-justification to interfere with sequential and linear lines of thinking, in order to bypass the harsh reality of what is often an inevitability.

The allowance of bifurcation of thought — of the logical disjunctive of choices and options to choose from — makes an allowance of pretense to procrastinate in intellectually acceptable ways.  We sound thoughtful and intelligent when we weigh the various alternatives.  And, indeed, it is normally a “good thing” to gather, review and evaluate the options open to us, and to make the proper decision based upon such an analysis.  But at some point in the process, continuing in a morass of intellectualization becomes problematic.

When the choices are limited, clear, and necessary to act upon, to play the “perhaps” game becomes merely a way to delay the inevitable.

For the Federal and Postal employee who must contemplate a drastic change of circumstances by preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, engaging in such mind-games merely prolongs the process.  At some point, action must proceed from thought; and for the Federal and Postal Worker whose medical condition is such that it impacts one’s ability to perform the essential elements of one’s job, it is the action which must prevail over the perhapses of our mind.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: The Agency’s Actions

“That which the Federal Agency determines is tantamount to the hand of God — only more powerful.”  Or so it may often seem.  And so the Federal (and Postal) Worker will often wait with trepidation and anxious disturbances, caught in the limbo of a Federal bureaucracy, whether in issuing a leave-restriction letter, a warning, a formal PIP plan, a determination of being fit or unfit for duty, and multiple other actions which will adversely impact upon a Federal worker.

Preemptive actions rarely have any efficacy with a Federal Agency; an appeal to the U.S. Merit Systems Protection Board is often seen as a mere formality for the Board to render a decision in the agency’s favor, especially when it comes to agency actions concerning discipline and work; and an EEO complaint, while a tactic for forestalling ultimate decisions, is a burdensome and lengthy process of litigation.

Federal Disability Retirement is often the most advantageous of avenues to pursue, if only because the standard of proof to meet the eligibility criteria is quite low — not the high standard of Social Security Disability, where one must show a deleterious impact upon the daily living abilities, but the much lower standard of being unable to perform one or more of the essential elements of one’s job.

Proactive choices in life are often limited, especially when one is confronted with a seemingly omnipotent entity like a Federal Agency; but Federal Disability Retirement is an existent benefit which allows for the Federal or Postal employee to opt out and reach that rehabilitative period of seclusion, in order to regain one’s health and come back for another day, another fight, another round.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: Agency Adverse Actions

Agency actions of an adverse nature seem to go hand-in-hand with filing for Federal Disability Retirement benefits under FERS & CSRS.  If one pauses for a moment, one can easily understand the underlying reasons:  Medical conditions often result in attendance problems or impact the ability of a Federal or Postal employee to perform all of the essential elements of the position.  Disability Retirement eligibility is precisely that which attempts to prove the latter point — of the impact upon one’s ability to perform all of the essential elements of the positional requirements.  

Thus, when attendance, performance or conduct concerning the positional requirements become an issue, the Agency will often begin initiating adverse actions — ranging from instituting a “Performance Improvement Plan” (PIP), memorandums of warnings, suspensions, and removals.  While adverse actions reflect negatively by their definition, the positive aspect of such adverse actions, in combination with Federal Disability Retirement, is that the adverse action, having the underlying basis of resulting because of one’s medical condition and because of one’s medical inability to perform the essential elements of one’s job, can actually be used to argue for a FERS or CSRS Disability Retirement approval.  As with most of that which is “true” in life, the irony of this cannot be overlooked.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: The Time to Make the Decision (Part 1)

Waiting until the last possible moment to start the process to file for Federal Disability Retirement under FERS or CSRS may be commendable from the Agency’s viewpoint — but is it smart?  If you are a Federal or Postal employee with multiple years of service, and you believe that because you gave your life, your blood, your sweat, tears, and even your firstborn, that therefore you will receive what I often term as “bilateral loyalty” (i.e., an expectation of receipt of loyalty from your agency for having given your undying loyalty to them throughout the years), you might want to reconsider.

If you are exhausting all of your sick leave, using your annual leave, dipping into your TSP in order to “hope” that you will recover from your continuing medical condition, then come to a point where you need to file for Federal Disability Retirement under FERS or CSRS, then come to realize that you must survive for 6 – 8 months, or even longer, and pay an attorney, pay for medical reports, and _______ (here, you may fill in the space yourself), then you may need to re-think the entirety of the process, the time it takes, etc.  Most people know, very early on, whether or not he or she has a medical condition which will last for a minimum of 12 months.  The time to start planning for the future is now.  As a famous football coach once quipped, “The future is now.”

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

Federal and Postal Service Disability Retirement: After Separation from Service

It should be well established for anyone who has looked into Federal Disability Retirement issues, that a person has one (1) year from the time of separation from Federal Service to file for Federal Disability retirement benefits.  Separation from Federal Service can take many different forms:  Resignation; separation for cause; administrative separation based upon one’s medical inability to perform one or more of the essential elements of one’s job; etc.  The latter of these delineated forms (separation for medical inability to perform) is obviously the most beneficial to one contemplating filing for Federal Disability Retirement (first and foremost because it allows for the Bruner Presumption to be applied). 

On the other hand, separation based upon a resignation is often neutral for issues concerning disability retirement (unless, of course, one has been foolish to put into his or her letter of resignation that the reason for the resignation is to go and become a professional poker player for the next year — but even then, if a medical condition existed prior to resignation, one might still be eligible for disability retirement benefits under FERS or CSRS); and, obviously, if the resignation was accompanied by a medical reason, and that particular medical reason was reflected in the SF 50, all the better.  Even separation for adverse actions — if there was a medical condition which existed prior to separation — can be explained away and fought for.  The point here is, regardless of the nature, reason and expressed rationale for separation from service, if a medical condition existed prior to separation from service, such that the medical condition prevented one from performing one or more of the essential elements of one’s job, there is a viable basis for filing for, and fighting for, Federal Disability Retirement benefits under FERS or CSRS.

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