Federal Disability Retirement: The Logical Beginning Point

The consequences of information overload is that many people no longer have the cognitive capacity to make proper decisions concerning logical beginning points.  Studies have been made, with varying results, but with some indicating that the constant barrage of technological over-exposure results in stunting of that part of the brain which is generally used for making affirmative decisions.

While multi-colored MRI scans make for interesting visual commentary, from a scientific viewpoint, all that can properly be stated is some loose correspondence between certain areas of the brain and a level of activity or inactivity which can be correlated.  Regardless, it would seem logical to assume that too much of anything can negatively impact the capacity of the individual to competently engage in other activities.  Application of energy in one sector will necessarily take away the requisite capacity of engagement in another.

For the Federal or Postal employee who is suffering from a medical condition, and who is also subject to the identical volume of information overload, one may posit that life-changing decisions to be made would be exponentially exacerbated with difficulties of the fundamental nature:  “Where do I begin?”

The beginning points in preparing, formulating and filing a Federal Disability Retirement application with the U.S. Office of Personnel Management are important first steps; what consequential impact such beginning points may have upon the ultimate outcome of a case will determine the future destiny of the Federal or Postal employee.

With such important issues on the line, it may well be prudent to consult with someone “in the know“, and not let the arbitrary winds of change dictate the future course and destiny of one’s life.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: Where to Begin

The captain of a ship docked in a harbor knows three things:  Where the ship came from; where it is; where it will be going next. If any of the three are missing from the thought-processes of the one who intends to navigate the waters, the ship should remain where it is.  For, it is the orientation and coalescence of the past, the present, and the future course of action which should determine the efficacy of whether to act now, or delay for the future.

Unfortunately, in a Federal Disability Retirement case, whether under FERS or CSRS, because of the exigent circumstances which often surrounds the debilitating nature of a medical condition, the emergency situation of the present state of affairs will often dictate, without guidance, the future course of events.

The future cannot be thought of or contemplated with any sense of purpose, because the exigency of the “now” makes all else irrelevant.  But how we formulate the “now” may well determine the future course of events. As such, in preparing, formulating and filing for OPM Disability Retirement benefits from the U.S. Office of Personnel Management, it is important to approach the administrative process and procedure in a systematic, logical manner, if only to ensure the best chances of success at the First Stage of the process.

Culling together a disjointed disability retirement packet just to get it filed immediately (unless, of course, the Statute of Limitations is about to come upon one) is normally not a plan for a captain’s log for charting a ship’s future course; especially when one becomes aware of the stormy seas ahead.

Sincerely,

Robert R. McGill, Esquire

Early Retirement for Disabled Federal Workers: Where to Begin

One is often asked the question, “Where do I begin”?  It is the question of pervasive immediacy, combining both exasperation at a process too complicated to comprehend and requiring a sense of urgency because of the importance attached to the successful outcome, precisely because it may well determine one’s future financial security, and the present ability to continue to attend to one’s medical conditions.  Such a question, however, often needs to be reordered in order to prepare a case properly, in retrospective fashion.

Thus, to reorganize the priority of questions:  Where do I want to end up? (With an approval from the U.S. Office of Personnel Management)  Who approves a Federal Disability Retirement application?  (Not one’s agency, but the Office of Personnel Management and, as such, be careful of promises made and statements asserted by one’s own agency)  How does one obtain an approval from OPM (By satisfying the legal criteria as applied by OPM)  What does one need to do to obtain such an approval?  (Two-part answer:  File the proper forms; complete the forms effectively)  When should I begin the process?  (Since filing for, and obtaining, Federal Disability Retirement benefits can be a long, arduous process, it is wise to file as soon as one has the support of one’s doctor)  Where does the application need to be filed?  (If one is still with one’s agency, then it must be filed through one’s agency; if one has been separated from the Federal Agency or the U.S. Postal Service for more than 31 days, then it must be filed directly with the Office of Personnel Management).

The question of “why”, of course, need not be asked or answered, because it is a self-evident one.  It is the “who”, “what”, “when”, “where”, and “how” which require one’s attention.  For, in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, the Federal and Postal employee already knows the “why” of filing.  The medical condition itself provides that answer.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: Sequence of Procedural Requirements

There is a specific reason why the benefit identified as Federal Disability Retirement, whether under FERS or CSRS, exists.  It is to allow for an early retirement for an individual who has met the minimum eligibility criteria — of being a Federal or Postal employee , and having at least eighteen (18) months of Federal Service under FERS, or five (5) years under CSRS.  That is the basic eligibility criteria.  

Those who meet that minimum criteria, have a “right” to take the next step: One must prove, by a preponderance of the evidence, that one is eligible for the benefit, by proving (generally speaking) that as a Federal or Postal employee, one cannot perform one or more of the essential elements of one’s job, or any similar job; that the agency is unable to “accommodate” the Federal or Postal employee’s medical condition (and the term “accommodation” is a term of art, such that there is a particularized and narrow definition of how that term is applied in Federal Disability Retirement law), and that the medical condition will last a minimum of 12 months.  

Beyond those sequential procedural steps, is a wide and fairly complex array of legal, medical and practical considerations which must be viewed, before proceeding with a Federal Disability Retirement application.  Does the Federal or Postal employee have a supportive doctor?  Will that doctor be willing to write a narrative report expounding and delineating the factors and addressing the issues which need to be discussed?  

As with most things in life, it is important to identify, recognize and approach a Federal Disability Retirement application in a logical, sequential manner, such that one does not waste time, effort, and a reserve of hope in going down a path which may not be applicable to one’s particular circumstances.  Advice and counsel from an OPM Disability Attorney who can explain the process may be helpful in this endeavor.

Sincerely,

Robert R. McGill, Attorney