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

OPM Disability Retirement: The Spouse

I find that when a person is filing for Federal Disability Retirement benefits under FERS or CSRS, an important component which is often overlooked is the supportive spouse.  I often get calls concerning various aspects of the Disability Retirement process — not from the applicant, but from the spouse.  And, indeed, this is natural, because often the medical condition itself is serious enough that the applicant is unable to “handle” or “deal with” the complexities of the process itself.  It becomes further complicated when the medical condition which is suffered is a psychiatric condition — severe Major Depression, anxiety, panic attacks, suicidal ideations, etc.

However, whether it is psychiatric or physical, a supportive spouse — or “significant other” — is often very, very important to the success of the entire process.  Obviously, as an attorney who represents “the Client”, I must be careful that there is never a conflict between the Applicant (my client) and “the spouse”, but that is rare.  In almost all cases, I find that the spouse is looking after the best interest of my client, and I am happy to talk to and update the spouse on any and all issues surrounding disability retirement issues, because I know that he/she is looking after the best interests of my client, just as I want to.

Sincerely,

Robert R. McGill, Esquire

Federal & Postal Service Disability Retirement: After a Resignation

Anyone and everyone who has followed my blogs or my more lengthy articles knows that an individual has up to one (1) year to file for Federal Disability Retirement benefits under FERS or CSRS, after being separated from Federal service.  The clock begins to run upon a resignation by a Federal employee.  The actual date of separation should be ascertained on the “Form 50” or “PS Form 50”, as a personnel action.  There are many reasons why an individual resigns.  Perhaps it is because of an impending adverse action; a threatened adverse action; a fear of a future adverse action; or because a Federal or Postal employee can no longer perform one or more of the essential elements of one’s job. 

Whatever the reason, if an individual has a medical condition such that he or she could no longer perform one or more of the essential elements of one’s job, prior to the date of the resignation, then there is a good chance that the (now former) Federal or Postal employee may be eligible for disability retirement benefits.  Indeed, my view as an attorney who exclusively represents Federal and Postal employees to obtain Federal Disability Retirement benefits, is that if you have invested a considerable number of years of your life in Federal Service, then you should seriously consider whether your medical condition was a primary, or even a contributing, factor in your resignation decision.  Don’t let the clock run for too long; it may pass quietly, to a time when it is too late.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: Agencies Rarely Accommodate

For whatever reasons, Federal Agencies rarely accommodate an individual who has a medical condition which impacts one or more of the essential elements of one’s job.  Whether the Supervisor is too busy to craft a viable accommodation plan, or whether the Agency is simply following the standard thoughtless response of the Federal Sector in general, the truth is that Agencies rarely, if ever, provide a truly viable, legally defined accommodation.

I receive calls every day from Federal and Postal employees who will state that the Agency is currently “accommodating” him/her; upon closer questioning, however, it always turns out that the term “accommodation” is being used in a non-artful, general sense, as in:  The Agency is letting me take LWOP; the agency is letting me take sick leave; the agency is letting me not travel too much; the agency is letting me…

What the agency is doing, whatever it is, is to temporarily keep you around until they decide your services are no longer needed.  That may be just around the corner, or you may be forgotten for some considerable amount of time.  Regardless, don’t be fooled; agencies rarely accommodate, and it is most likely the case that whatever “accommodations” the Federal or Postal employee believes that the Agency is providing, it does not fall under the legal definition of the term.

Sincerely,

Robert R. McGill, Esquire