Federal Disability Retirement in a Tough Economy

Healthy individuals may wonder why, in such a tough economy, an individual would consider filing for Federal Disability Retirement under FERS or CSRS.  This is an economy which has been shrinking and shedding employees.  Yet, for the Federal or Postal employee whose health and increasingly debilitating medical conditions directly impact one’s ability to perform the essential elements of one’s job, the choice is actually not all that convoluted.

Where a Federal or Postal employee can no longer perform the job; where sick leave and annual leave have been exhausted to go to doctors’ appointments, or just to stay home to recover enough to make it into the office for another day; or for those who are on LWOP for greater than the time working; in such circumstances, the stark reality is that a disability annuity is better than what the future may offer otherwise.  Removal for unsatisfactory performance; being placed on a PIP; being told that there is no more work at the Postal Service; being counseled for performance issues; these are all indicators of the proper choice to make.

Yes, it is a tougher economy; but when the economy begins to rebound, the first people that private employers turn to hire are those who are essentially independent contractors; and, especially with the looming overhaul of private health insurance, a former government worker who carries his or her own health insurance is, and can be, an attractive worker to a private employer.

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

CSRS & FERS Disability Retirement: VER, the Economy, & Decisions to Make

The news coming out on the Voluntary Early Retirement offer for Postal employees has not been very positive.  My information has been gathered from multiple sources:  Official Statements from the U.S. Postal Service; “insider information” from Postal employees; various newspaper accounts and website information.  Recent statements from the APWU President, of course, sheds further light on the matter.  Mr. Burrus warns (wisely, in my opinion) that, in this “uncertain economy, there is no reason to make a hasty decision.”  That is certainly true.  The loss of potential future income over a period of years or decades should be considered; the one sector of the economy which seems to be expanding at an alarming pace is the Federal government, and if the Federal government is unwilling to let AIG and banks fail, then surely it will not allow the Postal Service to self-destruct.  Now, with respect to Federal and Postal employees who must, because of medical conditions which impact his or her ability to perform the essential elements of one’s job, a decision to file for disability retirement benefits is a pragmatic one:  either disability retirement, or risk being terminated because of the continuing decline in performance and ability to complete the essential elements of the position.  An offer of a VER without financial incentives — taking into account what an individual will lose in benefits, pay increases, etc. over the next decade or two — is not a very attractive offer.  Any such VER should be considered carefully.  On the other hand, disability retirement is a different matter:  It is a pragmatic decision to accept the fact that one has a medical condition such that you cannot perform the particular kind of job you hold, anymore.  It is a decision that it may be the right time to “move on” — bad economy or not.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Disability Retirement: Interaction with VER, A Continuing Dialogue

I sincerely hope that the proposed VERs which will be issued in the next couple of weeks will be economically viable and rewarding for those who qualify.  I say this because the primary criteria proposed for qualification involves those who are at least 50 years of age with at least 20 years of service, or any age with at least 25 years of service.  Anyone who has dedicated his or her life for a minimum of 20 years deserves something comparable to “full retirement” benefits.  My suspicions are raised, however, only because the motivating factor behind the offer is to target employees in specific locations where reductions in force or restructuring will be taking place — i.e., from the Post Office’s perspective, those places where greater “efficiency” can be obtained, at the cost of a person’s lifetime dedication and service to the Federal Government.  I realize that Adam Smith’s economic truth will always be at play — that self-interest leads to unintended consequences which, in a capitalist system, results in collateral benefits of employment, wide economic impact, etc.  But just make sure that, just as the Post Office is looking after its own interest first, that each Postal employee looks after his or her own interest, similarly — first.  Look at the VER carefully.  Compare it to disability retirement benefits carefully — not only in terms of “today’s” dollar value, but also into the future.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Interaction with Upcoming Postal VER

High pressure sales always need to be met with a pause, a breath, and a moment of reflection.  This is not to attempt to splash any cold water upon the impending Voluntary Early Retirement packets which will be “in the mail” shortly (April 6 – 10, 2009 is the projected date of mailing out VER offer packets to all VER eligible employees).  For some employees, this may be the best and most rewarding route.  My concern is a simple one, with a long history of truth from the great source of all truths:  “If it is too good to be true, then…”   The short window of opportunity within which a decision must be made (all VER eligible employees must decide whether to apply for retirement during the period of April 10 -May 15, 2009; the actual required documents to apply for the VER must be postmarked by May 15, 2009) is short; this is a serious decision, and must be considered carefully.  Some people will decide that the comparison to disability retirement benefits is great enough to consider filing for VER first, obtaining it, then filing for disability retirement benefits within 1 year therafter.  That would be fine, but there are certain steps (creating a “paper trail”) which should be taken if this 1 – 2 – Step is going to be considered.  In any event, the bottom-line consideration must always be:  Is it in the best interest of my future?  Is it the most I can get?  Is it comparable to disability retirement benefits?  Will I think it was the best decision to make 10, 15, 20 years from now (for example, remember that the years in which a person is on disability retirement counts as years in service for recalculation purposes at age 62).  All in all, any decision that has such a small window of consideration must be scrutinized carefully.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: OPM Disability Retirement & Postal Service Voluntary Early Retirement (VER)

For multiple reasons, early retirement — if eligible; if offered; if … — is an option which must be considered by a Federal or Postal employee.  In the coming months, Voluntary Early Retirement will be offered to Postal Employees; each year, Federal employees who become eligible for some form of early retirement must make hard financial decisions.  In light of the present state of the economy (not good), an offer of early retirement (some not so bad) may have to be considered by the Federal or Postal employee.  In each case of such an offer, the details of any such offer must be carefully reviewed and considered — especially if, concurrently, a Federal or Postal employee is considering filing for disability retirement.  A Federal or Postal employee can only collect one or the other:  you can either receive an early retirement annuity, or a disability retirement annuity, but not both.  You can, however, consider filing for early retirement (in order to continue to have some income), then file for disability retirement within one year of being separated from Federal Service. 

If you take this route of filing for early retirement, then filing for disability retirement, you must be careful.  For instance, if a lump-sum payment is part of an early retirement package, will it have to be paid back if you file for, and are approved for, disability retirement?  Further, remember that the years that you are on disability retirement counts toward your total number of years of Federal Service, when it is recalculated at age 62.  This is an important point.  The short-term benefit of retiring early may not seem like such a good idea 10 years later when inflation eats into the annuity.  A cost-benefits analysis should look to all of the factors involved:  the annuity amount and difference between disability retirement and early retirement today; the difference of the annuity when disability retirement is recalculated, and those years while on disability retirement count towards your regular retirement; and the dollar difference calculated out to the life expectancy.  These are all considerations which must be looked at carefully — not just upon one’s short-term benefit of an early retirement (which may seem great), but more than that, for the long-term security of the Federal and Postal employee.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: This Economy & Opportunities

I have written and emphasized this issue before, but it is an issue which must be reiterated, re-emphasized, and re-stated: those who file for and obtain disability retirement do not need to feel like their lives are being retired. This is not an admission or an acknowledgment of an end; rather, it is an opportunity for a beginning.

Federal Disability Retirement is merely a time when one sector of one’s life is about to move on into a different sector and phase of one’s life.  It is merely a concession that the long and productive career which one has enjoyed, is simply no longer the “best fit”, and it is time to go on and move on into another sector of life.

Thus, a disability retirement annuitant has the opportunity, even in this tough economy, to look into multiple other and future opportunities. A disability annuitant has multiple advantages in this economy: excellent health insurance that is carried; an annuity which allows for him/her to work part or full time; the ability to pick and choose the opportunities; and a professional background and resume of a long and excellent career in the Federal sector.

OPM Disability Retirement is an option and an opportunity; it is not the “end” of a career; rather, it is the beginning of a future opportunity.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: Thanksgiving

This year has seen a tremendous amount of changes: a seeming meltdown of the economy; a coming change of the Presidency; vulnerability of the Big Three Automakers; a housing market downward spiral; a volatile stock market which seems to take two steps back for each day of upward trading; and on and on. In the midst of such turmoil and change, when a medical condition impacts a Federal or Postal employee on top of it all, it makes any potential perspective for a bright outlook to the future look bleak. Remember, however, that this is a week of Thanksgiving. It does well for the soul to pause and reflect upon one’s blessings. Yes, disability retirement benefits may not pay enough, but it is a benefit which is granted by a Federal government which has a compassionate understanding that such a benefit is necessary to allow loyal employees to have an opportunity to receive a financial “base amount” — and hopefully be able to be productive in some other capacity or career. I hope that everyone takes a moment this week and spends time with “the family”. Happy Thanksgiving.

Sincerely,

Robert R. McGill, Esquire

Is There Life after a Disability in the Federal Workplace?

In tough economic times, it is often difficult to find that “silver lining”. This is even truer for my clients who obtain disability retirement benefits from the Federal Government, as well as those contemplating it. For, ultimately, I always find (without exception) that Federal and Postal Workers who are contemplating filing for disability retirement don’t want to be in the position he/she finds him/herself in.

They have been loyal and hard working Federal employees.  They have shown such loyalty through years and years of committed service.  But, for whatever reasons, and for whatever circumstances and situations, a sudden medical condition, or a degenerative medical condition, has brought that loyal employee to a point where he or she is no longer a “good fit” for a particular kind of job.

Such an employee can often be placed on a PIP (“Performance Improvement Plan”), or be given a Letter of Warning, or be placed on Leave Restrictions, or be told that no more light duties are available — all indicators that the Federal Agency or the particular Post Office is no longer willing to engage in “bilateral loyalty” — in other words, your 20 years of Federal Service will be rewarded with a boot out the door.

But such Federal and Postal employees must always have a positive attitude:  disability retirement benefits are there for you when they are normally unavailable in the private sector; while it pays a flat amount which one may not be able to necessarily live on, it is nevertheless a “base annuity” that can be depended upon.  And, further, a recent New York Times article concerning the state of the present economy pointed out what I have noted in the past:  Private Companies are hiring more and more older workers who have their own health insurance benefits, and who can work part-time without benefits.

That accurately describes the disability retirement annuitant, who is able to make up to 80% of what his/her former position pays now, on top of the disability retirement annuity, and retain life & health insurance benefits.  Always look for the silver lining.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: Investment for the Future

Ultimately, whether or not this is an optimum time for an individual to file for Federal Disability Retirement under FERS or CSRS is a decision each individual must make, depending upon the specific circumstances.

From a medical standpoint, of course, most individuals have no choice because he/she must file for disability retirement.  From an economic standpoint, as private companies cut back and begin relying upon a part-time workforce without needing to pay for a worker’s health insurance benefits and other benefits, a Federal Disability Retirement Annuitant is a very attractive potential worker, indeed, because most such annuitants retain their own health insurance benefits.

Such an annuitant can go out and find a job making up to 80% of what his/her former job currently pays, and still continue to receive the disability annuity.  Further, while each individual must make a decision concerning hiring an attorney to help secure disability retirement benefits, it should always be looked upon as a long-term investment.

Disability annuitants may be chosen randomly every two years to answer a Medical Questionnaire, and it is equally important to retain the benefits, as it is to initially secure it.  These are all issues which must be considered carefully, as an investment for the future.

Sincerely,

Robert R. McGill, Esquire