Federal and Postal Disability Retirement: The Agency which Decides

These days, the chasm between language, truth and reality has widened to where the bifurcation and distinction between each has resulted in a lack of any significant relationship between them; or, conversely, each has become identical with the other, which amounts to all the same if one pauses to reflect upon it.

Once upon a time, prior to Bertrand Russell’s mischievous offering of a conundrum with the statement, “The King of France is bald” (for, as there is no King of France, and therefore there can be no bald King of France; yet, how is it that such a statement can nevertheless have meaning?  Ergo:  language need not have any relationship to truth or reality); the prevailing operative theory involved the correspondence theory of truth, where statements were said to correspond to the noumenal world around us.

In the practical world, the weight which keeps us grounded is based upon the extent of responsibility one must accept.  Thus, in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, it is precisely the agency to whom a Federal Disability Retirement application is submitted which the Federal or Postal worker should be focused upon.  It is the U.S. Office of Personnel Management — OPM in acronym form — which should guide and dictate how a Federal or Postal worker should act, react, and correspondingly prepare for.

While agencies will attempt to pressure the Federal or Postal worker into hastily preparing a Federal Disability Retirement application for their own purposes, the Federal or Postal worker must always realize that if OPM denies a claim, you cannot go back to your agency and say, “See, you made me do X, Y and Z, so now it is your problem.”  No, the Agency will not take responsibility; it is between OPM and the Federal or Postal Worker.

Therefore, act accordingly; do not unwisely and hastily be pressured to prepare or formulate a Federal Disability Retirement case just because the agency wants the positional slot vacated.  Do it properly; take the necessary time; get legal counsel; otherwise, you may in fact have to meet the bald King of France.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: How Long Before…

When a Federal or Postal employee begins to contemplate — or initiate — the process of preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS from the U.S. Office of Personnel Management, the questions which begin to accompany the process are multiple, complex, non-sequential, and often wedded to legitimate concerns surrounding the actions and reactions of one’s Federal Agency or the U.S. Postal Service.

The facts and circumstances of each Federal Disability Retirement case are unique and person-specific.  However, Federal Agencies and the U.S. Postal Service are entities which are fairly predictable, if only because they are comprised by an aggregate of human beings whose natures are fairly set in their ways.

How long before an Agency begins its process of separating me?  How long will they let me stay on LWOP?  How long before they send me home?  How long before…

Often, the length of time in which an Agency responds or fails to respond, depends upon who has been apprised of the issue.  It is interesting how an Agency will be silent on a matter, and allow things to continue for an extended period of time — then, one day, the “right” person takes notice of the fact that a Federal employee has been on LWOP for 5 months, and that there is a pending Federal Disability Retirement application with the Office of Personnel Management.  Suddenly, it is an emergency — an urgency which cannot wait any longer, and a Letter of Proposed Removal is issued that same day.

It is the same with being on Worker’s Comp — How long will they let me stay on OWCP before they try to move me off?  It often depends upon “who” has your OWCP file, as opposed to the legitimacy of one’s chronic medical condition.

In both instances (the issue of the Federal Agency and the one concerning OWCP), it is best to prepare, formulate and file for Federal Disability Retirement benefits from the Office of Personnel Management sooner, rather than later, if only to have a “back-up system” in place in the event that either the Federal Agency or the U.S. Postal Service begins to react, or that OWCP decides that you have been on their compensation payroll for too long.

Sincerely,

Robert R. McGill, Esquire