Tag Archives: Basic Federal Disability Retirement information

Continuing Your Medical Care

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A medical condition never has a simple solution; depending upon the nature, extent and severity of the condition, it must be “managed” and attended to throughout one’s life.  Similarly, while “filing” for one’s Federal Disability Retirement benefit is an “event” which may constitute a series of actions which results in the “approval” of a Federal benefit, the benefit itself must be “managed” and cared for throughout a process of continuing retentive procedures.

One cannot assume that once the benefit of FERS Disability Retirement is obtained — given the hard fight which one must engage in — that the process is thereby over.  That is the reason why the foundational building-blocks which form the underlying administrative process — of the decision of which initial medical conditions to include in one’s Statement of Disability; which medical evidentiary documentation to include; how one should linguistically characterize the impact of the medical condition upon one’s job, tasks, positional duties, etc. — is of great importance in establishing the pattern of management for the future.

For, as other issues, both economic and medical, may potentially intrude upon one’s Federal or Postal Disability Retirement annuity (i.e., whether one has earned income above or below the 80% rule; whether one has been restored medically such that OPM could argue for termination of one’s Federal Disability Retirement benefit, etc.), it is important to maintain a stance of managing one’s Federal Disability Retirement benefit throughout one’s life, until one reaches the bifurcation point at age 62 where it becomes “converted” to regular retirement.

Sincerely,

Robert R. McGill, Esquire
Federal Disability Retirement Attorney

FERS Disability Retirement is a benefit awarded to all Federal and Postal employees meeting the criteria of “disability”, a term which has a special definition under FERS Disability Retirement Laws.  It doesn’t mean that the employee must be “totally disabled”; rather, “disability” is loosely defined as an injury or illness that affects the performance of the main work tasks assigned to a Federal employee.  Thus, while a particular physical condition may qualify a Postal Carrier, the same condition may not qualify an Intelligence Officer working in an office environment.  For an individual assessment of your case, contact the author for a first-time consultation to help you to establish your eligibility.

Providing Medical Information

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In every area of law, in most facets of life, and certainly in the administrative procedures of preparing, formulating and filing for Federal Disability Retirement benefits either under FERS with the Office of Personnel Management, one must determine the extent, scope and substance of the information which will be provided to the requesting entity.

Most of the time, the extent of information is pre-determined by the requirements which must be satisfied.  Similarly, the scope of the information to be submitted must meet certain criteria, but additionally, it will depend upon the question asked.  More importantly, the substance of the information one needs to provide, will be determined by the question asked, the criteria to be addressed, and the statutory and regulatory guidelines which must be met — in the case of FERS Disability Retirement, that which would meet the legal standard of “preponderance of the evidence.”

In venturing and maneuvering through the administrative process of applying for Federal Disability Retirement benefits, however, there will be times when either the Agency or the Office of Personnel Management may request “additional” information, indicating that they are not satisfied with what has been submitted.

An appraisal of what information is being asked; whether the question is properly formulated as posed, or whether it can be reformulated and still satisfied; and the harm or good in responding fully or partially to the request — these are all determinations which are best guided by the advice and counsel of an attorney who understands the laws governing the legal criteria in Federal Disability Retirement cases.

Not every question deserves a full answer.  Sometimes, the question itself must be re-formulated and answered in the re-formulated format.  Agencies are not gods; they are not omnipotent, and certainly not omniscient.

Sincerely,

Robert R. McGill, Esquire
FERS Disability Retirement Lawyer

While we strive to keep legal information on the blog accurate and up to date, we do not give any assurances and will not be responsible for the accuracy, completeness, or timeliness of the information published in this blog.  Instead, you should contact the author for information about specific laws and trends with the Office of Personnel Management or to discuss the particulars of your case with a free (30 minutes) telephone consultation.

Intersection with Other Benefits

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Federal Disability Retirement benefits under FERS from the Office of Personnel Management is an independent benefit from an independent agency.  However, there may be some intersecting features which are important to understand, prior to beginning the process.

A FERS Disability Retirement annuity has an “off-set” feature with certain other federal annuities, by statutory mandate and direction, but not with certain others.  For instance, there is a coordinating offset with Social Security Disability (under FERS), and an election must be made between OWCP Temporary Total Disability payments and Federal Disability Retirement benefits (except for scheduled awards).  On the other hand, there is no offset between a Federal Disability Retirement annuity and VA Disability payments.

In making a decision as to whether to file for Federal Disability Retirement benefits, each Federal and Postal employee should be fully informed as to the offsets with other Federal benefits and payments, as well as whether there are limits and restrictions as to the amount of other “earned income” a person may be allowed to make.

The importance of finding out which benefits are fully or partially offset is important in making a final decision as to whether it is financially feasible to proceed in preparing, formulating and filing a FERS Disability Retirement application.  Of course, in the end, it is usually a medical decision which is paramount — out of necessity, and not out of choice– as opposed to a financial one.  However, it is nevertheless important to know what is on the other side of the cave, before one enters it to begin with.

Sincerely,

Robert R. McGill
OPM Disability Lawyer

The information on this website may not reflect the most current legal developments in FERS Disability Law. The content and interpretation of the law addressed herein is subject to revision. However, if you have any questions about current law developments or if you need to have a professional assessment of your personal case, contact the author for a free initial consultation.

OWCP, EEOC, Grievances & the Comfort Zone

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Medical conditions are often accompanied by the necessity to engage in certain forums, to initiate particular legal actions, and to file for alternative means of compensation.  Actions of necessity often come in bundles, and this is natural, as a single event can spawn multiple avenues of legal relief, and reflect various responses by the Federal Agency or the U.S. Postal Service.

Thus, a medical condition — whether work related or not — can result in Agency retaliation, persecution, adverse actions, subtle changes of attitudes, etc.

It is therefore not a surprise that a Federal or Postal employee who is filing for FERS Disability Retirement benefits from the U.S. Office of Personnel Management also has parallel actions which may include the wide spectrum of a simple Grievance, to an EEO Complaint; a concurrent OWCP/Department of Labor case (for an application of compensation based upon a medical condition or personal injury resulting from an on-the-job incident or on an occupational disease claim, etc.); a Federal or Postal employee’s claim of hostile work environment, retaliation; assertion of the whistleblower provision, etc.

As an attorney who specializes in obtaining Federal Disability Retirement benefits for Federal and Postal employees, one observes the following: there is often a mistaken belief that being involved in parallel or alternative routes of litigation somehow delays the need — whether practically speaking, or in terms of the 1-year Statute of Limitations — for filing of FERS Medical Disability Retirement benefits from the Office of Personnel Management.

This mistaken belief often stems from a “comfort zone” that arises — whether because OWCP is paying on a regular and monthly basis, and so the financial concern is not presently and immediately existent; or because one is continually engaged in some form of contact with the Federal Government through alternative litigation, that the 1-year requirement to file for FERS Disability Retirement benefits is automatically delayed.

The Statute of Limitations is not a sympathetic statute.

A personal comfort zone is not a basis to delay what the law requires. Immediacy of an event should not be the basis of whether to file for a claim or not.  Planning for the future is the important basis to act, and preparing, formulating and filing for Federal or Postal Disability Retirement benefits is something which every Federal or Postal employee should be considering concurrently with all other forums and avenues of compensation.  A man can do more than one thing at a time, and preparing, formulating and filing for Federal Disability Retirement benefits should be one of those multiple issues to be embraced.

Don’t let a present comfort zone deny you the right of a secured future.

Sincerely,

Robert R. McGill, Esquire
Federal OPM Disability Retirement Attorney

Mr. McGill is a Federal Employee Attorney who specializes in FERS Disability Retirement Employment Law, helping Federal and Postal employees across the nation secure their Federal Disability Retirement benefits.  You may contact Attorney Robert McGill over the phone or by email to receive a free and confidential 30 minute initial case evaluation.

Keeping it Simple

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In almost all instances, stating the obvious when filing for FERS Disability Retirement benefits is the rule to follow.  Another simple rule to follow: Keep it Simple.  Except in special circumstances (e.g., where there is a nebulous diagnosis and one must interweave multiple symptmatologies in order to bypass the possibility that you may be later precluded from “adding” a “new” medical condition, etc.), it is best to stick to a paradigm of a 1-to-1 ratio or correspondence of medical conditions, symptoms, impact upon work, etc.

Such a template can be dangerous to follow, however, because anyApplicant’s Statement of one’s disability should never appear mechanical or stilted in its tone and tenor.  Emotionalism should not be stripped from an Applicant’s Statement of one’s disability in a Federal Disability Retirement application and, indeed, sterility should not be a goal to be sought.

That goal should be from the treating doctor, where technical medical terms present a sense of diagnostic objectivity and scientific validity.  But such simple rules as presenting the correspondence between specific physical conditions with the physical requirements of one’s job, and similarly, between specific psychiatric symptoms with the cognitive requirements of one’s job, is an important “rule” to follow.

Remember, however, that filing a Federal Disability Retirement application under FERS or CSRS is not a “perfect science”; in fact, it is not a science at all, but a mix between law, personal input, and medical facts, with the creative force of persuasion.

Sincerely,

Robert R. McGill, Esquire
FERS Disability Retirement Lawyer

The content of this blog may include FERS Disability articles previously published in other websites by the same author.  While we do our best to maintain our content updated, laws and rules are constantly changing, and therefore we can’t guarantee the accuracy of the information presented in this website.  You may, however, contact the author, Attorney Robert R. McGill, if you have any specific questions about current laws and regulations and to request a general evaluation of your Federal Disability Retirement case.     

Reassignment Considerations

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In considering filing for FERS Disability Retirement benefits from the U.S. Office of Personnel Management the issue of possible reassignment will arise — normally as a rather secondary and unimportant facet of the process — as an obligatory agency action.

SF 3112D is a form which the agency must complete.  The form essentially affirms that the agency attempted either of 2 things: tried to “accommodate” the Federal or Postal employee, or tried to find a suitable “reassignment” to another existing, available position.

As to the latter, case-law has made it clear that in order for an offer of reassignment to preclude the Federal or Postal employee from continuing with one’s FERS Disability Retirement application, such light or limited duty offer must be at the same pay or grade of one’s current position (there are some complicating details connected with the enunciated standard, but for present purposes, this general rule will suffice).

Sometimes, the Agency or the U.S. Postal Service will find a lower-paying position, and offer it, and the employee will gladly accept it because it allows for continued employment.  But one must understand that, if down the road, the Federal or Postal employee finds that he or she is unable to perform one or more of the essential elements of that “lower” position, then it is from that “lower” (and often of lesser responsibilities) position that one will be filing for Federal Disability Retirement.

Just some thoughts to ponder; for, as a general rule, the greater the responsibilities of a position, the lesser the standard of meeting the threshold for a Federal Employee Disability Retirement; and, conversely, the lesser the responsibilities of a position, the higher requirement to prove one’s case in a Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire
Federal Disability Retirement Attorney

This and other articles might or might not have been published before.  In this blog edition, we have tried to update them to check over laws and rules that change over time.  However, we can’t guarantee the accuracy of this information.  If you or a loved one is considering early medical retirement from a Federal or Postal position, contact Attorney McGill to discuss the specifics of your case.

Clarity and Conciseness

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One can be completely clear in a statement, yet convey the information incorrectly.  Clarity of statement is merely the vehicle for precision; the substance of the information itself is a separate matter.  The problem with the former is that, it is often mistaken for comprehension by the conveyor.

Rambling, convoluted run-on sentences (yes, we all should have taken note and paid attention during those early grammar lessons) may be perfectly understood by the writer of such garbled conceptual constructs; but it is always the targeted audience which must be kept in mind when one’s goal is clarity of thought.  As for the latter, the substantive information must be screened and streamlined; volume of information in any endeavor cannot replace succinctness and precision of thought.

In preparing, formulating and filing for FERS Disability Retirement benefits from the U.S. Office of Personnel Management clarity and conciseness in preparing (especially) one’s Statement of Disability is crucial in attaining the success of one’s goal: an approval of Federal Disability Retirement benefits from the U.S. Office of Personnel Management.

Volume of information should not replace a well-prepared, concise disability retirement packet; and lengthy narratives will not undo the meanderings of imprecise connections between one’s medical condition, the positional duties one engages in, and the nexus between the two.

Sincerely,

Robert R. McGill, Esquire
FERS Disability Retirement Attorney

The information on this legal blog is for general information purposes only. Nothing on this website should be taken as legal advice for any individual FERS Disability Retirement case or OWCP claim.  This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.  If you wish to receive a more personalized evaluation of your current legal situation, considering the specifics of your medical condition(s) and your agency, please contact Attorney McGill.

Internet Information

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Previous articles and blogs have written quite extensively about the distinction and conceptual differentiation between information and knowledge, and the fact that exponential quantification of the former (information) does not necessarily result in a qualitative increase in the latter (knowledge).

A similar argument can be made for the “reputation” of an individual.  It has been pointed out on many occasions to this writer that various readers have read many “positive” things on various websites which discuss Federal and Postal Disability Retirement issues.  While such complimentary statements are certainly better and more welcomed than negative ones, nevertheless, one must recognize the age-old principle that where good things may be stated, the very opposite can also occur.

Reputation is built over time; not everyone can be pleased for all of time; and information which is hastily posted on the internet may or may not be the full story, leaving aside whether or not it is based upon facts or knowledge.

The plethora of blog writers, websites which merely promote one’s self and reputation — all must be evaluated and analyzed within a greater context of a span of time.  Many writers seem to think that quantity is the key to success — that by repetitively reiterating “key words and terms”, that the internet traffic will increase, and since most people don’t take the time to read, evaluate and discern in a careful manner, such an approach provides for moderate success, if “success” means reaching the greatest number of people.  But preparing, formulating and filing a FERS Disability Retirement application must necessarily contain the element of care, meticulous preparation, and thoughtful formulation for the future.

When an attorney is considered for representation, the choice should be made based upon multiple factors: knowledge, experience, reputation and accessibility being some of the chief elements to be considered.  Quantity of information is good; quality of information is better; and in the greater context of all such information concerning Federal Disability Retirement benefits from the Office of Personnel Management, careful consideration of all of the relevant factors must be taken.

Sincerely,

Robert R. McGill, Esquire
Federal Disability Retirement Attorney

Any publications viewed on this blog are intended to provide general information only and are not intended as a source of legal advice.  As laws are always in a state of change, we can’t guarantee the accuracy of the information under these publications.  For current updates of laws and rules, and to get a personalized assessment of your individual claim, please contact the author for a free initial consultation.

Stating the Obvious

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Sometimes, stating the obvious is necessary.  In filing for FERS Disability Retirement benefits, and in dealing with the Office of Personnel Management, “stating the obvious” becomes not only a necessity, but a truism encapsulated in profundity surrounded by a simple rule: the greater the obviousness, the more effective the Federal Disability Retirement application.

For the applicant who files for Federal Disability benefits, who is unrepresented, it is best not to act as a lawyer.

While case-law and statutes abound as free information on the internet (and such information and discussion is certainly available on my website at the Federal Disability Lawyer blog and in various articles I have written on the subject), misinterpretation, misunderstanding, or mis-citation of cases, statutes, rules or regulations can easily be engaged in.

While generally harmless, and further, since many at the Office of Personnel Management are not even aware of the laws and case-laws governing the very subject which they are supposed to rule upon, what is the point (one might ask)?

The obvious point is for the future — to always predicate a case upon the simple truism that one stage in the process may not be enough, and so building a foundation for the next stage, and the stage after that, by preserving the legal and factual arguments for an eventual appeal, is always a necessary evil one must perform.  State the obvious — and state it multiple times.

Sincerely,

Robert R. McGill, Esquire
FERS Disability Retirement Lawyer

The information that appears in this blog is copyrighted.  Also, these articles may have been previously published in other Federal Disability Retirement websites by the same author or by other third-party publications.

Confirming your Doctor’s Support

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After undergoing all of the those diagnostic tests; after allowing the doctor to clinically examine, prescribe multiple medications based merely upon the say-so of the doctor; after allowing for invasive surgery; sending you to physical therapy; if the time then comes to prepare and file a Federal Disability Retirement application under FERS, it is important to confirm the strength of that “patient-doctor” relationship that has apparently been ongoing and fostered for those many months, years, and sometimes, decades.

It is not enough to get a nebulous “pat-on-the-back-sure-I’ll-support-you” sort of response, and with that, you receive a thick packet from the medical office, you open it, and inside is merely a copy of your medical records. No — “support” must be concrete and definitive. It must mean, specifically, that the doctor is willing to write an excellent medical report outlining his or her opinion in connecting your medical condition with you inability to perform one or more of the essential elements of your job. If it is time to file for FERS Disability Retirement benefits, it is time to have a heart-to-heart talk with the treating doctor, and see how committed he or she really was and is to this “patient-doctor” relationship.

Sincerely,

Robert R. McGill, Esquire
Federal Disability Retirement Lawyer

The information contained in this web site has been prepared by attorney Robert R. McGill, a Maryland-based Federal Disability Attorney, who represents Federal employees nationwide.  Thus, this and other posts have been written for informational purposes and is not legal advice.  It is provided only as general information which may or may not reflect the most current legal developments.