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: Denials II

It is, indeed, frustrating when a governmental agency makes life-impacting decisions which seem to be spurious and capricious. A review of a disability retirement application by the Office of Personnel Management is supposed to be thorough, with sound reasoning and a fair application of the law. And, in all fairness, the majority of cases appear to meet that standard. It may well be, of course, that since all approval letters of disability retirement applications are standard templates, with boilerplate language and instructions, and since most of my cases are approved at the first level, the impression left is that OPM does a good job in reviewing the cases.

When a case is disapproved, however, it is often the case that the denial is based upon factors which defy logic, which appear to have little or no rational basis, and which selectively focuses upon a narrow reading of the medical reports and records. Thus, often the OPM Representative will take a statement out of context, and declare that the doctor stated X when a full reading of the medical report shows that the doctor actually stated Y. This is unfortunate, and does not reflect the careful review, analysis, and fair rendering of a decision made by most OPM representatives, but occurs often enough to be of concern. On the bright side, however, is that there is always the ability to take it completely out of the hands of OPM, after a second denial — and allow an administrative judge to review it objectively, at the Merit Systems Protection Board. That is why the MSPB was created and exists — to have a third party, objective body review the decision-making process of the Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: Agency Supervisors

Federal Agencies, and the Postal Service, can act as little fiefdoms, with minimal oversight in the use of power. There is no school which teaches the proper use of power; power is something which is too often misused, misapplied, and abused. And, those who possess power, often exponentially apply it when the focus of such power has become vulnerable. Federal and Postal workers who suffer from a medical condition, who are in the vulnerable position of necessarily filing for disability retirement benefits under FERS & CSRS because of the imposition of an unwanted medical condition which impacts and impedes his or her ability to perform one or more of the essential elements of one’s job, are especially in a sensitive position, precisely because they are at the complete mercy of the Supervisor.

Supervisors need to understand and appreciate the great power which he or she possesses. The powerful need not misuse such power in order to show how powerful he or she is; indeed, it is in the very act of kindness, empathy, and the ability to show sensitivity and “human-ness” which is the true showing of the powerful. Supervisors should “bend over backwards” to show what it means to truly be a Supervisor — one who recognizes and appreciates the long years of loyal service the disabled employee has shown; empathy for the vulnerable situation the employee now finds him/herself in; kindness in the treatment of the employee. Such kind treatment will go a long way towards encouraging a sense of community and family within an agency, and will foster the other employees in the department, office, and greater agency to work that much harder, knowing that it is not “just a job” — but a career worthy of greater devotion.

Sincerely,

Robert R. McGill, Esquire

OPM disability retirement: The very first step

Federal and Postal employees often get a bad rap; yet, what I find in all cases, without exception, is that Federal and Postal employees take great pride in their work. Moreover, they do not want to file for disability retirement — there is a “mental wall” — a desire at all costs not to file for disability retirement, until the physical pain gets too much, or the psychiatric symptoms become too overwhelming.

It is at that critical point — the recognition that he or she is no longer able to continue to work at a particular job; this is the difficult point of self-awareness that must be faced. This is the very first step which must be taken, before one is able to file for disability retirement. And, indeed, I find that Federal and Postal employees are loyal, hard-working, and motivated to work, and to work hard. But there is a point at which one must come to grips with the fact that a particular job A is no longer a good fit for Federal Worker B, with medical conditions C. When these three elements coalesce, it is time for the individual to seriously contemplate filing for disability retirement. Federal Disability Retirement is a benefit which all Federal and Postal employees are entitled to, if he or she qualifies. When the first step needs to be taken, there is never any shame in that — because you have shown your loyalty, your dedication, and your endurance through your medical conditions; there is a point where you must begin to listen to your doctors.

Sincerely,

Robert R. McGill, Esquire