CSRS & FERS Disability Retirement: The Coming Year

For all Federal and Postal employees who are considering, or may consider in the coming year, filing an application for Federal Disability Retirement benefits under FERS or CSRS with the U.S. Office of Personnel Management, I hope that this “continuing blog” has been helpful, and will continue to be helpful. 

In the coming year, I will attempt to stay on top of any changes in the current laws, including statutory changes (if any), any new developments handed down through opinions rendered by the U.S. Merit Systems Protection Board or the Federal Circuit Courts.  One’s future is what is at stake in making the all-important decision to file for Federal Disability Retirement benefits, and I will endeavor to remain informative, and provide you with a level of professionalism which all Federal and Postal employees deserve.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: Merry (Snowed in) Christmas

For those who read my blogs on a regular basis, Merry Christmas and Happy New Year.  I am snowed in over the weekend, and the accumulation of snow is expected to be over 10 inches.  Now, in many parts north and in the mid-west, I am told that such minimal amount of snow fails to constitute a “snow storm”, and many laugh at how we react here in the D.C.-Maryland Metropolitan area.  Everything is relative, and in my area, anything over an inch is responded to with panic and a rush to the grocery stores to stockpile our kitchen and cupboards. 

Such relative comparisons remind me of how pain and medical disabilities are often misunderstood by one another; that while “pain” is a subjective phenomenon, no matter how hard we try, we are often unable to convey the sensation that we experience.  The difference, of course, is that while there is an objective basis in determining the extent of snowfall, there is no such measure for pain. But how we react to pain is often an individual experience, one which we should not be quick to judge.  Unfortunately, agencies are often quick to judge, and therein lies the problem.  Hopefully, the snow here will let up soon, and I will be back in my office on Monday.

Merry Christmas

Sincerely, Robert R. McGill, Esquire

Federal Disability Retirement: Return from Thanksgiving

Thanksgiving was a time of quiet reflection; of family, friends and faith; of taking a slice of quietude and having conversations, about the past, present; and somewhat about the future.  I realize that those who need legal assistance in filing for Federal Disability Retirement benefits under FERS or CSRS have important and weighty issues on their minds — of medical conditions which will not go away; of financial obligations; of Supervisors who are unsympathetic; of Agencies which will not or cannot accommodate; of impending personal improvement plans; of upcoming projects or workloads which may not be completed; of uncooperative agencies and downright mean coworkers; and the stresses of thinking about filing for federal disability retirement benefits under FERS or CSRS, and the future and what it holds.  With Christmas and the “holidays” around the corner, it is often a time of greater stressors.  Remember that one avenue of relieving stress is to become informed.  Read up on what is out there, and ask questions.  The answers provided may be able to set aside some of the stressors.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Federal Workplace (Part 2)

In filing for FERS or CSRS Federal Disability Retirement benefits with the Office of Personnel Management, it is important to stay away from issues which may explicitly or implicitly characterize the particular medical condition as being “situational” in nature.  However, this does not mean that the medical condition cannot have originated from, or been exacerbated by, the workplace environment.  Remember that OPM disability retirement is not like OWCP/Worker’s Comp — the issue of causality, or whether the medical condition occurred as a result of your occupation, is not important to prove.

However, sometimes, it is simply an indisputable fact that the medical condition originated from the workplace, or was exacerbated by conditions in the workplace.  Such origination or exacerbations, once it takes on a “life of its own” and becomes chronic and pervasive such that the medical condition impacts a person both at the workplace as well as outside the workplace, then it has transformed into a medical condition beyond being merely “situational”.  Thus, that which originated as a “situational” medical condition may well no longer be a situational one.  In such cases — and that is normally the case in almost all medical conditions which begin as a situational disability — there would be no problem with filing for OPM disability retirement benefits.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: The Doctor’s Opinion

As an attorney who represents Federal and Postal employees to “obtain” Federal Disability Retirement benefits, it is important to make distinctions within the process of securing the Federal benefit:  while it is important to solicit and secure the medical opinion of the treating doctor, the resistance from such doctors — if in fact there is any resistance at all — most often comes about because the doctor doesn’t understand the “process”. 

Doctors are medical providers.  They are in the practice of medicine because they believe in applying the science of medicine to help their patients get better.  Helping someone obtain Federal Disability Retirement benefits under FERS or CSRS is not part of “practicing medicine”.  Yet, in many ways, it is.  It is part of practicing medicine because, to allow the patient to continue to work in a job which he or she cannot perform, will only exacerbate and worsen the medical condition. 

Further, doctors never like to “disable” their patients.  To counter this medical opinion, it is important to clearly inform the doctor what the process of Federal disability retirement is and is not.  It is the job of the attorney hired to represent a Federal or Postal worker to obtain disability retirement benefits, to clearly and cogently explain the entire process to the treating doctor.  That is what I do, at the very start, in representing my clients.

Sincerely,

Robert R. McGill, Esquire