CSRS & FERS Disability Retirement: The Decision

I have often spoken about the “process” of filing, but that mostly concerns the administrative ordeal of filing:  of preparing, of gathering the medical documentation, of writing up the proper applicant’s statement, of putting together the legal arguments in support thereof, etc.  Then, of course, I have spoken about the “human” side of things — of the difficult human ordeal of going through the process.  There is the initial psychological barrier — of starting the administrative process, which is somewhat of an implicit acknowledgment that a person is indeed “disabled”, as if that concept or label has some sort of a “stigma” attached thereto.

One would think that in the 21st Century, all such stigmas would have been extinguished and extinct; and, indeed, most such stigmas are merely self-imposed.  Often, we are our own worst enemy; there is the barrier of ourselves in the process, of actually starting the process.  This is often why an attorney is the best person to handle a Federal Disability Retirement application — because it allows for the process to begin, without it being so intimately and personal a matter to the applicant.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: The Initial Step Is the Most Difficult

I find that the initial step in filing for Federal Disability Retirement is the most difficult step for people to take.  It is often a psychological block.  I have spoken on this issue in the past.  For a Federal or Postal worker, especially in these constrained economic times where the job market outside of the Federal Sector appears restrictive, at best, the pressure of one’s medical conditions and the impact upon one’s job, results in an anxiousness when it comes to filing for federal disability retirement under FERS or CSRS.  Certainly, it is a significant pay cut.

Certainly, it is a worry that — although one may be able to make up to 80% of what one’s (former) Federal salary currently pays — it may be that the private sector may not offer the opportunities to make up the difference in the pay cut.  Yet, the choices are often stark and untenable; for, at some point, it becomes clear that one’s medical conditions prevents one from performing the essential elements of the job.

As such, the only and best choice is to move forward:  in fact, even in this economy, creativity will be rewarded.  Private companies actually find independent contractors who carry his or her own health insurance a plus; part-time work is offered more readily in a bad economy precisely because it allows for companies to obtain necessary work and skills without having to pay the “extra” benefits.  The initial step is the most difficult; after stepping beyond the difficulty, Federal and Postal workers who obtain disability retirement benefits find that there is a different and better future — even in this economy.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Accommodations

While I am often asked about the intersecting connection between the ADA (Americans with Disabilities Act) and Disability Retirement laws under FERS & CSRS, and the issue of accommodations, my short answer is that the two areas of law rarely directly intersect. “Accommodation issues” under disability retirement law rarely present a problem in a practical sense. 

The term itself is rarely applied properly; the best way that I can describe what the term “accommodation” means, in its technical application, is by giving the classic example:  A secretary who suffers from a chronic back condition is unable to perform her secretarial duties because of the high level of distractability from her chronic pain.  The agency purchases an expensive, ergonomic chair, which relieves the chronic pain; she is able to perform the essential elements of her job.  She has thus been “accommodated”. Thus, the definition of “accommodation” is essentially where the Agency does X such that X allows for employee Y to continue to perform the essential elements of Y’s job.  Further, an accommodation cannot be a temporary or modified assignment; in fact, it is not an “assignment” at all — it is something which the Agency does for you such that you can continue to perform your job. 

Thus, as a practical matter, it is rare that an Agency will be able to accommodate an individual. Further, when it comes to psychiatric disabilities, it will be rarer still -especially when the essential elements of one’s job requires the cognitive capabilities which are precisely that which is impacted by the psychiatric medical conditions.  As such, the issue of accommodations is rarely a real issue, and further, people who are attempting to enforce the provisions of the ADA are not those who are truly seeking disability retirement, anyway.  It is the very opposite — they are trying to preserve their jobs, and to force the Agency to provide an “accommodation” under the law.

Sincerely,

Robert R. McGill, Esquire