CSRS & FERS Disability Retirement: The Time to Make the Decision (Part 1)

Waiting until the last possible moment to start the process to file for Federal Disability Retirement under FERS or CSRS may be commendable from the Agency’s viewpoint — but is it smart?  If you are a Federal or Postal employee with multiple years of service, and you believe that because you gave your life, your blood, your sweat, tears, and even your firstborn, that therefore you will receive what I often term as “bilateral loyalty” (i.e., an expectation of receipt of loyalty from your agency for having given your undying loyalty to them throughout the years), you might want to reconsider.

If you are exhausting all of your sick leave, using your annual leave, dipping into your TSP in order to “hope” that you will recover from your continuing medical condition, then come to a point where you need to file for Federal Disability Retirement under FERS or CSRS, then come to realize that you must survive for 6 – 8 months, or even longer, and pay an attorney, pay for medical reports, and _______ (here, you may fill in the space yourself), then you may need to re-think the entirety of the process, the time it takes, etc.  Most people know, very early on, whether or not he or she has a medical condition which will last for a minimum of 12 months.  The time to start planning for the future is now.  As a famous football coach once quipped, “The future is now.”

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