Federal Disability Retirement: The Right Time (Part 2)

How to determine when is the “right” time to file for Federal Disability Retirement benefits under FERS & CSRS, and when is the right time — those are issues which are quite personal and peculiar to each individual case.  Unfortunately, it is the very inherent nature of medical conditions, medical disabilities, and the chronic & debilitating symptoms that accompany such conditions, combined with the strong sense of loyalty, commitment to duty, and the desire to continue to believe that a Federal or Postal worker will overcome the current condition of disability — that often prevents a person to come to the critical point of determining the “right time”.  And, to put it in its proper perspective, this is probably a good thing, insofar as being a reflection upon the character of most individuals. 

Most individuals have a strong sense of commitment and hard work, and most want to continue to believe that one’s condition of medical disability is merely a temporary state of affairs.  But when such loyalty and commitment comes at the price of one’s personal detriment, it becomes a negative thing.  The problem comes when all of the objective indicators are ignored — when sick and annual leave are being depleted; when excessive LWOP is taken; when performance at work clearly suffers; when each night and weekend are used to recuperate from the day’s work; when savings become depleted; when a sense of desperation sets in.  Then, when it comes time to make the decision, it becomes an emergency. At that point, while it is not too late to begin the process, it is probably less than the “right time” to have started the process.  While better late than never, it is a good thing to take affirmative control of one’s future, and not let events control it uncontrollably.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Disability Retirement: Celebrating Labor Day

Part of celebrating Labor Day Weekend for Federal and Postal Employees under FERS & CSRS should be to reflect upon, and be proud of, the tremendous years of loyalty and commitment which the Federal and Postal employee has given to the Federal Service.  Take the long weekend off.  You deserve it.  Federal Disability Retirement benefits will be there when and if you need it.  It is a long process.

Sincerely,

Robert R. McGill, Esquire

Agency Loyalty and OPM Disability Retirement

Many people who call me and tell me their narrative about the Agency, the medical conditions, the growing inability to perform the essential elements of the job, and the resulting need to file for disability retirement, often reveal an undertone of a common element:  after so many years of loyalty, how could the Agency show such callous lack of caring?

I don’t have an answer to the question of lack of empathy on the part of an Agency; Agencies are made up of individuals; individuals show varying degrees of care, sympathy, and loyalty, but only up to a point:  if such care or empathy will somehow be perceived to harm the “mission of the Agency”, or if walking the proverbial “extra mile” for an individual who needs some temporary support is quite simply seen as “not worth the trouble,” then the individual will simply turn his or her back on the disabled individual.

When the individual turns his or her back on the employee filing for disability retirement, then the Agency turns its back on the person; for, again, Agencies are made up of individuals.  But what about the loyalty that was shown by the employee for all of those prior years?  How about the years of doing overtime, of doing extra work without complaint, etc. — doesn’t that account for some bilateral, reciprocal loyalty?

Unfortunately, it does not amount to much. Loyalty in today’s society is defined as:  What have you done for me today?

For the Federal and Postal Employee who needs to file for Federal Disability Retirement benefits, expect the worst; expect that your Agency will not be supportive during the 6 – 10 month administrative filing process.  Then, if by chance, a supervisor shows some empathy and support, you will have been pleasantly surprised.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: Reaction of the Agency

I am often asked whether or not, at the beginning stages of the process of filing for disability retirement (when medical narrative reports, records, & other supporting information is initially being gathered), whether it is a good idea to notify the Supervisor and/or Agency of the intent to file for disability retirement benefits. That all depends upon multiple factors.

Often, the employee still desires to work. Because of the medical disabilities, and the continuing impact of the employee’s medical inability to perform one or more of the essential elements of the job, there is often the potential danger of an adverse Agency reaction — of using the statement of the employee to restrict or send the employee home, using the employee’s declaration of intention as an excuse that it was the employee’s own admission which resulted in such Agency action.

On the other hand, there are Agencies and Supervisors who, acknowledging the employee’s long tenure of loyalty, will “work” with the employee to provide some sort of temporary duties and accommodating employment stipulations. Such temporary measures are rarely considered to be “legally sufficient accommodations” under disability retirement laws, and therefore would have no impact upon any “accommodation issues” when the time of filing actually occurs.

In the end, the timing and manner of informing the Agency and the direct supervisor must have the input of the employee — who knows his/her agency, and the potential reactions therefrom.

Sincerely,

Robert R. McGill, Esquire

Is There Life after a Disability in the Federal Workplace?

In tough economic times, it is often difficult to find that “silver lining”. This is even truer for my clients who obtain disability retirement benefits from the Federal Government, as well as those contemplating it. For, ultimately, I always find (without exception) that Federal and Postal Workers who are contemplating filing for disability retirement don’t want to be in the position he/she finds him/herself in.

They have been loyal and hard working Federal employees.  They have shown such loyalty through years and years of committed service.  But, for whatever reasons, and for whatever circumstances and situations, a sudden medical condition, or a degenerative medical condition, has brought that loyal employee to a point where he or she is no longer a “good fit” for a particular kind of job.

Such an employee can often be placed on a PIP (“Performance Improvement Plan”), or be given a Letter of Warning, or be placed on Leave Restrictions, or be told that no more light duties are available — all indicators that the Federal Agency or the particular Post Office is no longer willing to engage in “bilateral loyalty” — in other words, your 20 years of Federal Service will be rewarded with a boot out the door.

But such Federal and Postal employees must always have a positive attitude:  disability retirement benefits are there for you when they are normally unavailable in the private sector; while it pays a flat amount which one may not be able to necessarily live on, it is nevertheless a “base annuity” that can be depended upon.  And, further, a recent New York Times article concerning the state of the present economy pointed out what I have noted in the past:  Private Companies are hiring more and more older workers who have their own health insurance benefits, and who can work part-time without benefits.

That accurately describes the disability retirement annuitant, who is able to make up to 80% of what his/her former position pays now, on top of the disability retirement annuity, and retain life & health insurance benefits.  Always look for the silver lining.

Sincerely,

Robert R. McGill, Esquire

Federal OPM Disability Retirement: Notifying the Agency

Fervent loyalty by the Federal and Postal Employee to want to work for as long as possible, and to do the best job possible, is often taken for granted; what is not as common, however, is a “bilateral loyalty” — meaning, loyalty shown by the Agency back to the Federal or Postal employee, especially when such loyalty is needed, during the long process of filing for, and obtaining, disability retirement benefits from the Office of Personnel Management.

In representing a client, I am often asked whether or not the Agency should be notified of our intentions immediately, and my response always is: It depends.  If there is a strong and positive relationship between the employee and supervisor, where there are strong indicators that the Agency will be supportive during the lengthy process, then I will often advise informing them fairly quickly.

More often, however, the Agency has had a long history of acting in a “less than sympathetic” manner — and that is in most cases.  In such cases, I normally advise to wait until the disability retirement packet has been prepared and finalized, and it is ready to be submitted to the Personnel or District H.R. Office.

Each case must be looked at independently, and there are never any easy answers.  Agencies are comprised of individuals; individuals are complex beings, with the potential for compassion and empathy, but just as well with a potential for cold disregard for the plight of an individual. So long as Agencies are comprised of individuals, Agencies themselves act as individuals, and each case must be viewed in that light.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement: Additional Issues Concerning Resignation

An Agency has a legitimate concern with respect to the work that is not being performed while a person is either out on sick leave, or on leave without pay as a result of a medical condition.

On the other hand, Federal and Postal employees who have worked for a sufficient amount of time to be eligible for disability retirement benefits (18 months for FERS employees; 5 years for CSRS employees) have a legitimate expectation of bilateral loyalty — meaning that, inasmuch as the employee has been loyal in the performance of his or her job to the Agency, there is a reasonable expectation that the Agency will be loyal during times of medical hardship, and treat the employee with empathy and compassion.

At some point, greater friction begins to build as the time-frame keeps expanding; the Agency wants the employee back at work, or have the position filled. During the “friction” time, the employee has the leverage to have the Agency propose an administrative, non-adversarial removal based upon the medical inability of the employee to perform his or her duties. It is up to the attorney to persuade the Agency that the goal of the employee runs in the same goal-oriented direction as the Agency: the Agency wants the position; the employee wants disability retirement; both have a common end in mind — vacancy of the position so that the work of the Agency can be accomplished. On the other hand, resignation for the employee gives the employee nothing other than separation from the Agency; it gives the Agency everything it desires.

Sincerely,
Robert R. McGill, Esquire