CSRS & FERS Disability Retirement: Pre and Post

Issues revolving around the initial application stage, during the application stage, and after the approval, are often of equal importance.  This is because the approval of a Federal Disability Retirement application under FERS or CSRS will ensure the financial and economic survival and viability of the Federal or Postal employee.  Thus, in the pre-approval stage of the process, it is often good to engage in some future planning:  How hard will I fight for Social Security Disability?  Will I be getting a part-time job to supplement my income?  Where will I live?  During the process of obtaining disability retirement, there is the long wait, and the ability to remain financially afloat while receiving little or no financial support.  Post-approval, there are issues of the potential for receiving a Medical Questionnaire from the Office of Personnel Management.  Whether the current doctor will continue to be supportive, or will I move and need to find another doctor?  Because getting Federal disability retirement benefits is a life-long process, it is important to get sound legal advice from a competent attorney throughout the process — pre, during, and post process.

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: To Resign or Not To Resign

I am often asked whether or not it is okay to resign from the Agency prior to either (1) filing for disability retirement or (2) receiving a decision from the Office of Personnel Management. A decision to resign from the Agency must be weighed very carefully, for there are multiple factors which must be considered.

I will try and outline a few of the considerations to be weighed:

(1) What advantage is gained by resigning? If it is merely to avoid the hassles of dealing with the Agency (the Agency may insist upon updated medical documents every couple of weeks; they may call and harass you every week; you may have an unsympathetic supervisor, etc.), then I normally advise against resigning. There is no advantage to resigning, other than the quietude of being separated from service. As an attorney, I believe that is not enough of a reason.

(2) What is the disadvantage of resigning? There may be many: Any leverage to force the agency to cooperate with a disability retirement application may be lost; if your doctor has not yet written a medical narrative report (and, believe me, for some doctors, that can take months), the doctor will have to be reminded that any statement of employment impact must pre-date the date of resignation; you lose the leverage of that which the Agency holds most dear, for no price: your position. For the position you fill, that slot which suddenly becomes vacant once you resign, is that which is most dear, most valuable for the Agency: and to resign is to give it up without having the Agency pay any cost.

Sincerely,
Robert R. McGill, Esquire