Federal and Postal Disability Retirement: It Is a Retirement

Federal Disability Retirement is a retirement; it is not a temporary method of compensation, and unlike OWCP under the Federal Employee’s Compensation Act (FECA), one is actually separated from Federal Service shortly after receiving an approval from the Office of Personnel Management.

Once the Federal or Postal employee obtains a Federal Disability Retirement approval, there is no “turning back” for employment or position rights; one does not have a preemptive or superior right to go back to one’s agency, anymore than a person who applies for a Federal or Postal job as a new hire.

That is why, as part of the administrative process and requirement in the filing of Standard Forms, one must include SF 3107 (for FERS disability retirement applicants) or SF 2801 (for CSRS disability retirement applicants) — the “Immediate Application for Retirement”, where much personal information is requested, including information on one’s spouse, data on health insurance, life insurance, past military service, etc.

While it is true that the Federal Disability Retirement annuity becomes recalculated and re-characterized as “regular retirement” at age 62, based upon the number of years of total Federal Service — including those years on Federal Disability Retirement (which is why switching from OWCP to OPM Disability Retirement can be beneficial in the long run, as opposed to the lesser monetary amount for the short term) — it is nevertheless a retirement in every sense of the word:  one is separated from Federal Service; one receives an annuity; there is no future expectation of rehabilitation and return to work, etc.

It is not a short-term process of rehabilitation and compensation, and therefore when the Federal or Postal employee begins to prepare, formulate, and file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, one should be fully aware that in the very term, “Federal Disability Retirement”, it is a compensatory benefit based upon three (3) factors:  It is for Federal/Postal employees; it is based upon a medical condition or disability; and it is a retirement.  As the age-old adage goes:  If it walks and acts like a duck, then it must be one.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: Preparation — like a Black Friday Event

Black Friday” is a term which represents the concept of frenzied action, of waiting for the gates of hell to release the mass exodus of rationality, unleashed for the treadmill of buying, “saving” money by spending it, and furthering the cause of economic activity for the short term by exponentially expanding the debt-ceiling and widening the correlative concepts of debt, credit, and money-supply.

It is an apt metaphor for the way in which life is generally lived; and, further, it is an allegory for how Federal and Postal workers who are contemplating filing for Federal Disability Retirements benefits from the Office of Personnel Management, whether under FERS or CSRS, must conduct their day to day lives while working with a serious and impending medical condition.  For, despite the clear and counterintuitive nature of continuing to work with a medical condition which feeds upon itself by progressively worsening and becoming more and more debilitating, exacerbated by the very work which is engaged in; and despite the obvious sense that Federal Disability Retirement benefits will provide the necessary relief in order for the Federal or Postal employee to reach a level of functionality such that the progressiveness of the medical decline will be stunted; nevertheless, it is the nature of man to work, and continue to work, at a job which is destructive to one’s health, because that is what the masses of activity-driven society (similar to the shoppers out and about on Black Friday) requires and mandates.

Federal Disability Retirement from the Office of Personnel Management is a benefit which is accorded to all Federal and Postal employees, as part of the entirety of one’s compensation package, which allows for an annuity based upon one’s average of the highest-3 consecutive years of service, a time of recuperation, and the potential to still participate in the economy of this country by being allowed to make up to 80% of what one’s former Federal or Postal salary presently pays.  It is a thought which should be grasped, and paused for — just prior to those gates of frenzied action being opened.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Passionate Doctor

The doctor who is most supportive of an OPM Disability Retirement application under FERS or CSRS is often the one who understands the “fine print” of what it means to be “disabled” under FERS or CSRS.  That is precisely why the Standard Form 3112C (Physician’s Statement) is often a harmful form, rather than a helpful form.

There are other reasons why the form should never be signed or submitted, but it is enough that it not only tends to confuse the physician, but also does not properly explain to the treating physician the criteria and the underlying meaning of what is necessary to qualify for OPM Disability Retirement benefits.

Generally speaking, doctors are not very passionate about turning in their patients over to the gristmill of the disabled, thinking that putting a person out to pasture is not only medically unnecessary, but ultimately detrimental to the psychological and physical well-being of a patient.

But when it is properly explained to the doctor, in easy and understandable terms, what and why the benefit of Federal Disability Retirement under FERS and CSRS exists, and to inform the doctor of the benefit to the patient, then it is quite possible to have not only the technical support of the doctor, but more importantly, to garner the passionate support of the doctor as well.

Sincerely,

Robert R. McGill, Esquire