Medical Retirement Benefits for US Government Employees: The Waiting

We wait in lines and on telephones; we wait for the mail and to be served in restaurants and supermarkets; waiting is a necessity, based upon a closely-held belief that the end-product for which we expend such virtues as patience is worthy of the investment of time. There is always a quick calculation which must be engaged before the waiting can begin; of weighing the importance of the service or product to be received, in conjunction with the time it will take to attain the goal of receipt, and in further consideration of the comparative value of other things “to do”.

For the Federal or Postal Worker who is filing for Federal disability Retirement benefits from the U.S. Office of Personnel Management, whether the Federal or Postal Worker is under FERS or CSRS, the worth of waiting must always be balanced with the proverbial question, “For what?”

Waiting for a Federal agency or the U.S. Postal Service to initiate an action which may or may not impact a Federal Disability Retirement application is normally not “worth” it, for such a wait may never produce anything fruitful. Waiting because to do otherwise — to act — will incur efforts of cognitive or physical exhaustion is something which will only delay an inevitable need, and is therefore unwise to engage, is something that must be often countered by sheer force of will.

On the other hand, once a Federal Disability Retirement application is filed with the U.S. Office of Personnel Management, the real game of waiting begins, and one which no one has very little and limited control over. For, ultimately, the U.S. Office of Personnel Management — the agency which has the authority to approve or deny a Federal Disability Retirement case — has the cards which count, and the requested product of the goal to attain: a decision on a Federal Disability Retirement application filed by the Federal or Postal Worker.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: Last Minute Filings

Waiting until the very last moment in order to file a Federal Disability Retirement application is often an inevitable reflection of the medical condition itself; whether because the thought and act of filing contributes to the exacerbation of one’s condition, or because the severity of the medical condition impedes and presents an obstacle to proceeding, are somewhat irrelevant in the end; whichever may be the case, the fact is that the admixture of medical conditions, Statute of Limitations, and the need to obtain Federal Disability Retirement benefits, do not cohere well, and something inevitably suffers as a consequence.  But the law is impervious to excuses of filing inaction (with some narrow and specific exceptions); and society’s view is that a limit must be imposed at some point.

Thus:  For filing a Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS, the Federal or Postal employee must file the application for Federal Disability Retirement benefits within one (1) year of being separated from Federal service.  Waiting until the last minute can have some inherent and deleterious consequences, and failing to be attuned to them can come back to haunt one at a later date.  For example: Since one has waited until the last moment to file, once a Federal Disability Retirement application is filed, there will be little to no chance of amending the application (note:  “amending” is not synonymous with “supplementing“), as one no longer has the luxury of withdrawing a Federal Disability Retirement application, amending, and refiling; for, in the meantime, the Statute of Limitations has presumably come and passed.

Filing for Federal Disability Retirement benefits and waiting until the last possible moment is, unfortunately, a reality reflecting the often anxiety-filled state of affairs, both for the individual and the pressure to file on time; with that being said, it is nevertheless a reality which must be faced, and handled in the best possible manner under the given circumstances.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Problem of the Incremental Loss of Time

This short adage has probably been told in the past, but it is nevertheless instructive and applicable:  In a local courthouse, there is a sign on the desk of the clerk which receives and processes pleadings from lawyers and lay litigants, and it states:  “The fact that you have waited until the last minute does not constitute a dire emergency for me”  Now, from the viewpoint of the attorney or lay person who is proceeding pro se, such a preemptive assertion may seem rather cold-hearted; but from the perspective of the clerk, who has seen many such pleas for mercy because of an imminent deadline, it is merely a warning of intolerance.

Time can pass away in incremental aggregates which become days, months; and suddenly, the calendric year has slipped away. This often happens for the Federal or Postal employee who is considering filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management.

Time becomes delayed in incremental bits of precious bundles, and before you know it, one’s agency has lost any accrued good will or patience, and finances become increasingly more difficult to manage.   Illnesses and medical conditions have a way of suspending time and making such a constraining conceptual construct an irrelevancy; for, if time can be divided in the gauging of events, celebrations, occurrences bifurcated by differentiating responsibilities — i.e., work; chores; weekends; obligations; appointments, etc. — the great equalizer is a medical condition, precisely because whether it is the chronic pain, or a psychiatric condition which impacts one’s focus, concentration, mood, etc., then time becomes a single continuum indistinguishable because everything is concentrated upon overcoming the medical condition.  All that one can do in such a quandary, is to attempt to delay various responsibilities through incremental procrastination.

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 not to allow for the problem of incremental loss of time to impede the ability to effectively and properly prepare and file a Federal Disability Retirement case.  Now is the time to inquire, prepare, and begin to plan; for “now” constitutes the stop-gap to the loss of time.

Sincerely,

Robert R. McGill, Esquire