OPM Disability Retirement: The Process of Decision-Making

As has been previously stated in repetitive fashion, in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important to understand and acknowledge the duality of the process — for it is a process, as opposed to a singular event, both as an administrative legal issue, as well as for the individual Federal or Postal employee in a personal sense.

To clarify:  As an administrative issue, it is a process which involves multiples stages of argumentation (potentially).  Yes, it would be nice if every case was decided with an approval at the First/Initial Stage of the administrative process; however, there is a purpose and a reason why there are multiple stages.  It is precisely because it was anticipated that there would be denials and appeals to such denials, that an administrative procedure for multiple stages of review and further submissions of evidence and arguments was constructed and implemented.  It is not an entitlement pursuant to a fixed date, a fixed age, or a triggering event.  Rather, it is an administrative process which must be proven, applied for, and affirmatively shown that one is eligible.

From the personal perspective of the Federal or Postal employee, the decision of “when” to apply for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, is also a process, as opposed to a singular event.  There are, of course, cases where a traumatic injury or life-changing accident occurred, and such an event is the triggering moment for filing.  But for most Federal or Postal employees, the medical condition suffered is a progressively deteriorating process, and it is often difficult to determine a “date certain” where one can point to on a calendar and state, this is the day and hour when I cannot perform one or more of the essential elements of my job.

This is why there is an inherent complexity to a process, as opposed to a singular event of certitude — for, it is always the unknown and the uncertain which gives rise to the anxieties of life, and a process is indeed a period of the unknown, and a chasm of uncertainty.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: Timing and Perseverance

The proper timing of an event has much to do with the successful outcome of an endeavor.  Just look at the “timing” passes in the NFL, where the quarterback throws a pass towards a receiver who has not yet looked for the ball, but expects it because that is precisely the play which has been called, and one which has been practiced for in countless previous series of practices.  But with timing comes a history of perseverance. Timing is perfected by practice, and practice becomes fruitful and productive only through countless effort and perseverance.

If the first time one attempts X and the timing is not perfect, one cannot walk away in frustration because the timing was “off”; rather, it is through perseverance where perfect timing is achieved.  Effortlessness is achieved through the very achievement of great effort.  

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, there are multiple “timing” issues, coupled with the need to have the perseverance to achieve that proper timing.  

Sometimes, it is simply premature to start the process:  perhaps the doctors are not ready; perhaps the Federal or Postal worker is not mentally prepared to take the next step.  Psychological barriers are just as real an impediment as physical ones. At other times, timing has to do with the doctors — cases often have to develop, and doctors have to spend time with the patient/applicant before admitting that disability retirement is the only and best option.  For that “perfect timing” to occur, perseverance by the Federal or Postal employee may be needed — if not only to persevere through a slightly longer process of case-development.  

Thus, timing and perseverance are not limited to the NFL or sports in general; rather, in life, and in preparing a Federal Disability Retirement application, being “in the game” and trudging along to perfect the right time, are all important components in the successful submission of a Federal Disability Retirement application for the Federal and Postal Worker.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Reminding the Agency of the Administrative Process

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether the Federal or Postal employee is under the Federal Employee’s Retirement System (FERS) or the Civil Service Retirement System (CSRS), a reminder is often necessary to the agency which retains the Federal or Postal employee on the active rolls, that it is an administrative process, and not a singular event representing an entitlement to Federal Disability Retirement benefits.

Of course, the Agency itself has a self-interested motive in the outcome of the Federal Disability Retirement application, especially if the Federal or Postal employee continues to occupy the positional slot of the agency.  For, so long as the Federal or Postal employee continues to remain on the rolls, it cannot officially fill the empty slot.

Thus, what often happens if a Federal Disability Retirement application is denied at the First Stage of the administrative process, is that the Agency will immediately attempt to threaten the individual and demand that the Federal or Postal employee return to work by a date certain, or justify the medical basis upon which the continuing absence occurs.  By then, all FMLA rights may have been exhausted; sick leave may be depleted, etc.

At this point, the Agency Human Resources Office needs to be reminded that, as an administrative process, there are multiple levels of appeals, and the mere fact that a Federal Disability Retirement application has been denied at the First Stage is not a basis for the Agency’s demand to return to work.

Agencies tend to be hard of hearing, however, and a law unto themselves.  That’s not surprising for most Federal employees and Postal workers; indeed, you have had to endure such a perspective of self-centered attitude throughout your Federal or Postal careers, and this information is merely reinforcement of what you already knew.

Sincerely,

Robert R. McGill, Esquire