OPM Disability Retirement: The Problem of Perhaps

Perhaps it is time to approach the problem from a different perspective; perhaps it is not.  We often engage in games of self-delusions, of allowing words of self-justification to interfere with sequential and linear lines of thinking, in order to bypass the harsh reality of what is often an inevitability.

The allowance of bifurcation of thought — of the logical disjunctive of choices and options to choose from — makes an allowance of pretense to procrastinate in intellectually acceptable ways.  We sound thoughtful and intelligent when we weigh the various alternatives.  And, indeed, it is normally a “good thing” to gather, review and evaluate the options open to us, and to make the proper decision based upon such an analysis.  But at some point in the process, continuing in a morass of intellectualization becomes problematic.

When the choices are limited, clear, and necessary to act upon, to play the “perhaps” game becomes merely a way to delay the inevitable.

For the Federal and Postal employee who must contemplate a drastic change of circumstances by preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, engaging in such mind-games merely prolongs the process.  At some point, action must proceed from thought; and for the Federal and Postal Worker whose medical condition is such that it impacts one’s ability to perform the essential elements of one’s job, it is the action which must prevail over the perhapses of our mind.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: Gathering All of the Pieces

Multi-tasking is a concept which suddenly came about, but always existed. The idea, the concept — the identifying name itself — is secondary; ask any mother caring for her children throughout the day, whether or not she has to “multi-task” and you will be given a look of puzzlement.

When a medical condition is impacting one in performing one or more of the essential elements of one’s job, or in performing the daily activities, chores and life-requirements on one’s “to-do” list, then the concept itself begins to have some relevance.

Most of us not only do 2 or 3 things at a time; we must, in this technologically fast-paced society, do that and more.  But in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the attempt to gather the necessary pieces in putting together one’s case, and in an effective and persuasive compilation of proof, becomes not only difficult, but another obstacle.  For, not only does the Federal or Postal employee need to continue to work in attempting to remain employed (for most Federal or Postal employees who are filing for Federal Disability Retirement benefits, continuation of work is a financial necessity), but further, the added burden of gathering all of the medical documentation, putting together a compelling enough Disability Retirement application, etc., becomes an overwhelming feat.  But the pieces do need to be gathered; the puzzle needs to be carefully crafted and put together.

It is another task in the multi-tasking world of today– one which is necessary to secure one’s future.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: Working while Waiting

The question is often asked whether a Federal or Postal employee is able to, allowed to, or can work, while filing for and awaiting a decision upon, a Federal Disability Retirement application under either FERS or CSRS from the Office of Personnel Management.  The subtle distinctions to be made between “able”, “allowed” and “can”, of course, are done purposefully.  

Within the medical restrictions, condition and extent of severity of the medical conditions, most Federal employees are able to continue to provide some level of productivity within his or her position with the Federal government.  

Whether a Federal or Postal employee is allowed to work while having filed for Federal Disability Retirement benefits is a separate question, but for the most part, agencies allow the employee to continue working — sometimes in a light duty capacity (especially where certain essential elements of the job may pose a danger because of the medical restrictions imposed), but often in a temporarily reduced capacity.  Thus, the “allowed” category is essentially up to each individual and independent agency, but for the most part agencies do allow Federal employees to continue to work.  

The latter distinction — whether a Federal or Postal employee “can” work — is a hybrid of the previous two categories.  Most Federal and Postal employees must work, out of economic necessity, and therefore will force themselves to continue to work as long as possible.  

The Federal or Postal employee who can continue to work, will work, and can do so to the extent that the Federal Agency or the Postal Service will allow the employee to perform some, if not most, of the essential elements of one’s job.  It should be a coordinated effort between the Agency and the employee who has shown his or her loyalty these past many years, but unfortunately such coordination breaks down somewhere during the process.  

During the trying times of preparing, formulating, filing, then waiting for a decision on a Federal Disability Retirement application under FERS or CSRS, the time for an Agency to show that the concept of “loyalty” is a bilateral proposition should surface — if only for the time to complete the process.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: The "Lost Cause" Case

Often, an approval for a Federal Disability Retirement case will come in the mail, and the client will state, “I never thought I would see it approved.”  It is the job of an attorney who specializes in any area of law, to win the case.  In representing Federal and Postal employees to obtain Federal Disability Retirement benefits under FERS or CSRS, the ultimate “win” is to get the approval from the Office of Personnel Management

Some cases are harder to get approved than others; then, there are the “Lost Cause” cases — ones which, for one reason or another, seem to encounter greater obstacles:  from agencies which attempt to undermine the Federal Disability Retirement application, to adverse termination proceedings prior to the filing of a Federal Disability Retirement application; to insufficient medical documentation; and multiple other reasons, there are cases which appear to be lost causes.  Yet, so long as there is another stage of appeal, and so long as there is sufficient merit to a case, one should never give up.  Lost causes are especially triumphant moments for the attorney representing a disabled Federal employee.  For an OPM Disability Retirement case, it is especially sweet to obtain that letter of approval from the Office of Personnel Management, for that case which the client himself/herself believed as a “lost cause”.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: The Time to Make the Decision (Part 1)

Waiting until the last possible moment to start the process to file for Federal Disability Retirement under FERS or CSRS may be commendable from the Agency’s viewpoint — but is it smart?  If you are a Federal or Postal employee with multiple years of service, and you believe that because you gave your life, your blood, your sweat, tears, and even your firstborn, that therefore you will receive what I often term as “bilateral loyalty” (i.e., an expectation of receipt of loyalty from your agency for having given your undying loyalty to them throughout the years), you might want to reconsider.

If you are exhausting all of your sick leave, using your annual leave, dipping into your TSP in order to “hope” that you will recover from your continuing medical condition, then come to a point where you need to file for Federal Disability Retirement under FERS or CSRS, then come to realize that you must survive for 6 – 8 months, or even longer, and pay an attorney, pay for medical reports, and _______ (here, you may fill in the space yourself), then you may need to re-think the entirety of the process, the time it takes, etc.  Most people know, very early on, whether or not he or she has a medical condition which will last for a minimum of 12 months.  The time to start planning for the future is now.  As a famous football coach once quipped, “The future is now.”

Sincerely,

Robert R. McGill, Esquire