CSRS & FERS Disability Retirement: Statute of Limitation Reminder

The “end of year” and beginning of the new year is a good reminder for people, that once you are separated from Federal Service, you only have one (1) year to file for Federal Disability retirement benefits.  Furthermore, many people are separated from service right around this time, and just remember:  You can always “supplement” a Federal disability retirement application with additional medical reports, documentation, etc.; however, unless you file the necessary forms before the deadline, you cannot do anything.  The first and most important step in the process is to always file on time; thereafter, you can make other additional medical and legal arguments on behalf of your case.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Day after Christmas, and Beyond

Unfortunately, we tend to focus up specific days and events, and overlook the “greater picture” in our daily lives; and so it is with Christmas, and New Years, etc.  Christmas is a day of great importance; it represents a day marking the beginning of one’s faith; and the “New Year” often marks a dividing point where resolutions and “new beginnings” are contemplated.

But for Federal and Postal employees contemplating Federal Disability Retirement under FERS & CSRS, the underlying and chronic medical condition continues to persist with or without any specific date.  And so, when the focus upon a specific date comes and goes, and one realizes that the time with family and friends has not solved the underlying problem of medical condition, work, the future and what to do, then the problem of procrastination — of ascribing another “future” date to look forward to, without attending to the immediacy of the problem at hand, continues indefinitely.

It is always important to affirmatively take hold of one’s situation, and begin to systematically make decisions, and to segregate the multiple and complex problems surrounding medical disabilities and their attendant problems, and to make decisions on one problem at a time.  It begins with making the first decision.

Sincerely,

Robert R. McGill, Esquire

Federal OPM Disability Retirement and “the Decision”

The decision to finally go forward and start the process of filing for Federal Disability Retirement under FERS or CSRS is often a hard one.  One needs to consider multiple factors, and the process of deciding to move forward in and of itself can be a complicated one.  Such factors as the medical condition itself and how progressively deteriorating it is; whether and for how long you can “mask” the medical condition; how perceptive your supervisor is; whether your supervisor and coworkers will continue to provide cover for you, and overlook some of the growing deficiencies; whether, even if you cannot do one or more of the essential elements of your job, whether the amount and type of work you are doing are significant enough for you to continue; whether you have a good rapport and relationship with your doctor; whether your doctor will be supportive and understanding; whether your agency will suddenly and without notice place you on a PIP or file a Notice of Proposed Removal; and a host of many other reasons and factors need to be considered.  For many of these questions, an attorney who specializes in Federal Disability Retirement law under FERS & CSRS can be of help.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Termination (Part 2)

There are times when an Agency will proceed and terminate a Federal or Postal employee based upon adverse grounds — of “Failing to follow proper leave procedures”, for being AWOL, for Failure to do X, Y or Z.  Such adverse actions may be the “surface” reason for the actual, underlying reason — that of one’s medical inability to perform one or more of the essential elements of one’s job.

Once a proposed termination becomes an actual termination, then the course of action to take, of course, is to file an appeal with the Merit Systems Protection Board.  An Administrative Judge can often be of great assistance in defining and narrowing the issues, and in gently persuading and convincing the Agency to consider changing and amending the “surface” reason to the true, underlying reason of medical inability to perform the job.

The goal here, of course, is to do everything to help in “weighting” a disability retirement application in your favor, and while obtaining the Bruner Presumption in a case is not critical, in many cases, it can be helpful.  And the way to get the Administrative Judge on your side, so that the AJ will then try and persuade the Agency to consider amending a removal, is to obtain well-documented, well-written medical narrative reports from the doctors.

As is almost always the case, the underlying basis for any disability retirement application begins and ends with a well-written medical report.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Termination (Part 1)

Termination by a Federal Agency or the Postal Service can be a trying time, even if it has been a long time in expectancy.  The key is to try and begin negotiating with the agency even before the Notice of Proposed Termination is issued.

During that period when you know that the Agency is considering filing a Notice of Proposed Termination, is precisely the window of opportunity to try and convince & persuade the agency that the underlying basis of any proposed termination is and should be based upon your medical inability to perform one or more of the essential elements of your job.

This would be done through various means:  Submission of medical documentation to your supervisor, agency & Human Resources personnel; addressing key points concerning conduct or performance with medical evidence showing a direct and causal correlation between such conduct or performance with the medical evidence, etc.

If, on the other hand, a Notice of Proposed Termination is issued but one which is not based upon one’s medical condition, that does not mean that the window of opportunity has been lost — it just may mean that the strategy and tactic to try and persuade the Agency to amend the proposed termination may have to be adapted.  The key to all of this is to make sure and aggressively attack, rebut, and answer, at all stages of any proposed termination, in order to gain an advantage for one’s medical disability retirement.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: Again — Reminder as to the Statute of Limitations

I have many, many people who are on all sides of the spectrum concerning the time-line of filing for Federal Disability Retirement benefits under FERS & CSRS — people who call me 2, 3, 5, sometimes 10 years after being separated from service, saying they were never informed about the benefit of Federal Disability Retirement benefits.  Obviously, such former Federal employees cannot now (except in extremely peculiar and rare circumstances) file for Federal Disability Retirement benefits, under either FERS or CSRS.

Then, there are those who are still “on the rolls” — those who have never been separated (normally because of the negligence or neglect of the Agency) from Federal Service, who call to ask whether they can file for Federal Disability Retirement now.  The answer is most often, Yes, and furthermore, once the disability retirement is approved, the annuitant can receive back-pay all the way back to the last date of pay.  Then, there are those who call me in a state of panic, saying that it has been almost a year after the injury; is it too late to file?  No, it is not too late, so long as it has not been over one year from the time of separation from service.  Thus, here is a reminder (again):  A Federal or Postal employee has up until one (1) year to file for Federal Disability Retirement benefits under FERS or CSRS, from the time of being separated from Federal Service — meaning, when you have been terminated from being a Federal or Postal employee, and are off of the “rolls” of the agency.  I don’t know how to make this any clearer.

Sincerely,

Robert R. McGill, Esquire

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

OPM Disability Retirement: The Right Time

For each Federal and Postal employee, there is a “right” time to file for Federal Disability Retirement benefits under FERS & CSRS.  By “right time”, I do not mean as to the proper timing in the actual filing of a Federal Disability Retirement case — i.e., whether it should be before or after separation from service, whether at the end of the year, the beginning of the year, etc.  No, by “right” time, I refer to the time when a Federal or Postal employee — that person who has put in all of those many years of loyal service, managed through pain, discomfort, overwhelming stresses, anxieties, fears, chronic and intractable pain, etc. — comes to the conclusion that he or she cannot continue in this mode of existence anymore.  Whether or not a Federal Disability Retirement case is filed with an agency or at the Office of Personnel Management in one month as opposed to another, is ultimately not of great importance; whether a person who is suffering from a medical condition for months, or years, and has been adept at hiding the daily pain and suffering — whether that person has come to a decision that it is now the “right time” to file for disability retirement, makes all the difference.  Each person must find that right time.  “How” and “when” are the two questions which must be answered, and only the Federal or Postal employee who is contemplating filing for Federal Disability Retirement benefits under FERS or CSRS can answer such questions.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Service Disability Retirement: Patience is a Necessity

I have said this many, many times:  If patience is a virtue, then Federal employees must be the virtuous of all people, especially those who are filing for Federal Disability Retirement benefits and waiting upon the Office of Personnel Management to make a decision.

Then, even after it is approved, it is often months and months until one’s case is finalized and taken out of the “interim” pay status to final pay status; or, if the case is denied at the First Stage and you have to file a Request for Reconsideration, submit additional medical and other evidence, file a Memorandum of Law to try and convince the Second Stage Representative that, indeed, contrary to what the First Stage Representative had argued, you have been in full compliance and meet with all of the criteria for eligibility for FERS or CSRS disability retirement benefits — which can take an additional 120 – 150 days.

Then, of course, if it is denied at the Reconsideration Stage of the process, you must file an appeal within thirty (30) days to the Merit Systems Protection Board, where the Administrative Judge is mandated by statute to conclude a case from the time of appeal within 120 days.

The entire “process”  — and this is precisely why I refer to the administrative procedure of filing for Federal Disability Retirement benefits under FERS or CSRS as a “process” — requires and demands patience.

Sincerely,

Robert R. McGill, Esquire