Federal and Postal Disability Retirement: The Futility of Waiting

The waiting game is perhaps the most frustrating aspect of any endeavor; for, in the end, dependence upon a third party to act, when the other person, entity or agency, may in fact never act, merely increases the sense of frustration.

In a Federal Disability Retirement application, ultimately filed with the U.S. Office of Personnel Management, whether under FERS (Federal Employees Retirement System) or CSRS (Civil Service Retirement System — that grand old system which some were fortunate enough to squeeze into before the mid-80s when abolition and transition to FERS occurred), Federal and Postal employees will often think that they must “wait” for their agency to act, to perform some duty, to respond, to do something… when in fact waiting normally results in further non-action.

Since the preponderance of the evidence in proving a Federal Disability Retirement case is solely upon the Federal or Postal worker who applies, it is rare that waiting for anything from one’s agency will bear any substantive fruit of any kind.  While medical conditions continue to progressively worsen, one is left waiting; while time continues to march on, one is left waiting; and while resources get depleted, and more and more SL & AL is used up, the Federal and Postal worker is left with the proverbial empty bag.

No, there is ultimately nothing that needs to be waited upon in preparing a Federal Disability Retirement application.  While dreams of the future are made with the stuff of patience, it rarely includes waiting upon an agency of the Federal Government to prepare one’s Federal Disability Retirement application.  Better to go chase a cloud in the sky than to expect anything helpful.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: When It Is the Right Time

Most people know; and still others, know that the “right” time has already passed, and is long overdue.  Doctors have already shaken their heads in disbelief, disgust or with regretful expressions of facial futility; family members have begun to whisper behind backs; friends have stopped asking to include you for events which may require physical exertion or extensive conversations which require focus, concentration or cognitive stamina.

Federal and Postal employees all across the United States, and overseas where Civilian workers are stationed, put in long and dedicated hours to accomplish the mission of agencies.  The general public at large has been allowed to critically eye the Federal or Postal worker because they are being paid through high taxes, etc.  But Federal Disability Retirement is not a “handout”; it is merely an employment benefit which allows for disabled workers to go out and remain productive in the private sector, by being allowed to make up to 80% of what one’s former position currently pays — and thereby continue to pay back into the system through paying of taxes, and essentially keeping it a “self-paying” system.  

No amount of shame or embarrassment should accompany the decision to file for Federal Disability benefits.  It is simply an acknowledgement which has already been realized by friends, family, and often one’s own treating doctor:  the right time has come because you have already “fought the good fight“, and it is time to move on to the next phase of life, and allow for the recuperative period of life take its course.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: Once the Decision is Made

It is often the decision itself which is the greatest hurdle in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS.  The decision itself is the all-encompassing beginning point, the obstacle which must be reviewed, analyzed, discussed, and ultimately overcome.

Once that decision is made, then the floodgates open with respect to the approach, the procedural issues, the time-frame within which to file, the garnering of support from one’s doctor; the legal avenues and pitfalls which must be confronted; the financial burden which must be faced and adjusted to; contending with issues at work; whether to inform the agency’s Human Resources office at this point or when the Federal Disability Retirement application has been prepared and is ready for submission; whether and what to discuss or hint at with one’s supervisor; which medical information to include or merely weave throughout the narrative of one’s Applicant’s Statement of Disability; the problem of quantifying in a substantive manner one’s medical conditions; how best to characterize the essential elements of one’s job; the connecting of all of the dots; the building of the nexus between one’s positional description and the medical conditions suffered.

These are merely a few of the issues which must be confronted once the decision to proceed is made.  Federal Disability Retirement is an important decision to embrace; it should be treated in accordance with its important status.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: The Difficulty of Making the Decision

In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS from the Office of Personnel Management, it is often the mental act of deciding to file for Federal Disability Retirement benefits which is the most difficult to make.  

For, while the actual mechanics of the entire process — of obtaining an attorney (if that has been decided), gathering the necessary medical narratives and supporting documentation; of facing the harsh reality of writing the Applicant’s Statement of Disability (following the format of Standard Form 3112A) and reading about the impact of one’s medical conditions and the direct nexus to one’s inability to perform the essential elements of one’s job — of actually outlining and delineating the symptomatologies resulting from the singular or multiple diagnosed medical conditions; of approaching and having the supervisor complete a Supervisor’s Statement; of essentially declaring to the Agency that you are no longer capable or able to perform one or more of the essential elements of the job, thereby confirming what many at the Agency probably already suspected — all of these “mechanical” aspects of the preparation, formulation and filing of a Federal Disability Retirement application under FERS or CSRS, while difficult, pale in comparison to the singular act which propels and initiates the entire process:  that of deciding to move forward.  For, as an old proverb states:  To lift a finger without thought is merely an act; to move with thought only a conscious event; to think, to plan, and then to engage in action, is the essence of man’s strength.

Sincerely,

Robert R. McGill, Esquire

Federal OPM Disability Retirement and “the Decision”

The decision to finally go forward and start the process of filing for Federal Disability Retirement under FERS or CSRS is often a hard one.  One needs to consider multiple factors, and the process of deciding to move forward in and of itself can be a complicated one.  Such factors as the medical condition itself and how progressively deteriorating it is; whether and for how long you can “mask” the medical condition; how perceptive your supervisor is; whether your supervisor and coworkers will continue to provide cover for you, and overlook some of the growing deficiencies; whether, even if you cannot do one or more of the essential elements of your job, whether the amount and type of work you are doing are significant enough for you to continue; whether you have a good rapport and relationship with your doctor; whether your doctor will be supportive and understanding; whether your agency will suddenly and without notice place you on a PIP or file a Notice of Proposed Removal; and a host of many other reasons and factors need to be considered.  For many of these questions, an attorney who specializes in Federal Disability Retirement law under FERS & CSRS can be of help.

Sincerely,

Robert R. McGill, Esquire