CSRS & FERS Disability Retirement: Supervisors, Agencies and H.R. Personnel

I am sometimes pleasantly surprised at Supervisors — ones who actually recognize that an individual filing for Federal Disability Retirement under FERS or CSRS does so out of necessity, and not out of any personal or professional spite against the Supervisor or the Agency, and that the proper response to convey is one of support, empathy, and cooperation, without needing to compromise the goal and mission of the Agency.  Further, I am taken aback by the unprofessional and utterly unhelpful attitude of many Human Resources personnel in the processing of a Federal Disability Retirement application.

Too often, the H.R. person finds it his or her mission in life to be an obstacle to the smooth processing of a disability retirement application under FERS or CSRS.  Yet, the law is clear (though not to many of the H.R. Departments at various agencies):  it is the Office of Personnel Management which has the sole legal authority to make a positive or negative determination on a Federal Disability Retirement application; at the agency level, the role of the Human Resources person is to try and expedite and efficiently process the disability retirement application.  Hopefully, those who have the positional designation of “Human Resources” will come to realize what it all actually means:  he or she is supposed to be a “resource” (a positive one, for that matter) with a “human” emphasis.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Spouse

I find that when a person is filing for Federal Disability Retirement benefits under FERS or CSRS, an important component which is often overlooked is the supportive spouse.  I often get calls concerning various aspects of the Disability Retirement process — not from the applicant, but from the spouse.  And, indeed, this is natural, because often the medical condition itself is serious enough that the applicant is unable to “handle” or “deal with” the complexities of the process itself.  It becomes further complicated when the medical condition which is suffered is a psychiatric condition — severe Major Depression, anxiety, panic attacks, suicidal ideations, etc.

However, whether it is psychiatric or physical, a supportive spouse — or “significant other” — is often very, very important to the success of the entire process.  Obviously, as an attorney who represents “the Client”, I must be careful that there is never a conflict between the Applicant (my client) and “the spouse”, but that is rare.  In almost all cases, I find that the spouse is looking after the best interest of my client, and I am happy to talk to and update the spouse on any and all issues surrounding disability retirement issues, because I know that he/she is looking after the best interests of my client, just as I want to.

Sincerely,

Robert R. McGill, Esquire