Tag Archives: FERS disability lawyer

CSRS & FERS Disability Retirement: Time

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Time is of the essence in almost everything we do.  There are timed deadlines for filing a Federal Disability Retirement application; a great amount of time is taken in the bureaucratic processing of the application; greater time is taken by the Office of Personnel Management in reviewing, analyzing and deciding upon a Federal Disability Retirement application; appeals to the Merit Systems Protection Board require time within which one must prepare a viable case before an administrative judge, etc.

Time is a presence in every aspect of our lives.  But within that framework, a comparative analysis of time should always be taken into consideration.  To “rush” the preparation of a disability retirement packet is often penny wise but pound foolish; care and patience should always be taken, both in the writing, preparation and filing of anything to be submitted to a Federal bureaucracy; the Office of Personnel Management is no different.  Rushing something in order to “save time” is often counterproductive.  To take the time to prepare an excellent disability retirement packet will actually save time in the long run.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: SF 3112C

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Standard Form 3112C, the Physician’s Statement, is often an ineffective way of getting one’s treating doctor to prepare and write an effective medical report for a disability retirement application, to be submitted and reviewed by the Office of Personnel Management.  Because it is a standard form — with standard language and guidelines provided in generic form –doctor’s generally dislike taking such “instructional forms” and trying to decipher what is needed, how to properly and effectively interpret the generic instructions, and be the most effective medical advocate on behalf of a patient. 

This is where an attorney’s guidance can be most effective and invaluable; for, ultimately, OPM’s review of eligibility for Federal Disability Retirement benefits under FERS or CSRS is not merely medical, but legal.  Because there are legal standards to be met, eligibility is ultimately determined not solely upon a medical basis, but upon a mixture of medical documentation which must satisfy a legal standard.  That is why the guidance of an attorney is crucial in a Federal Disability Retirement application under FERS & CSRS.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Doctor

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The lack of cooperation from a treating doctor, who is asked to provide a medical narrative report for a Federal Disability Retirement application under FERS or CSRS, may be based upon one of several factors.

It may be that the doctor merely refuses to engage in any type of administrative support for his patients; it may be that the doctor has private suspicions that, to openly admit that his/her patient must file for Federal Disability Retirement means that his/her treatments have failed, and thus, the patient/disability retirement applicant is considering filing a malpractice action, and asking him/her to write a supportive medical narrative is merely a ploy to set the groundwork for a later malpractice action; it may just be bad bedside manners; or it may be that the doctor does not understand the Federal Disability Retirement process, and how it differs for Social Security Disability, or Worker’s Comp.

If it is the latter reason, then it is the job of the attorney to make sure and explain, delineate, and inform the doctor of the nature, extent, and context of Federal Disability Retirement — and to show how an approval for disability retirement benefits will be the best thing for his/her patient.  This is where an attorney representing an applicant for Federal Disability Retirement benefits under FERS or CSRS becomes a crucial component in the preparation of such an application.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Service Disability Retirement: Psychiatric Disabilities & the Holidays

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Thanksgiving, Christmas, New Years & the Holidays; psychiatric disabilities of Major Depression, Anxiety, panic attacks, and many others; the mixture of the two often create an admixture of conflicting emotions, enhancing and exacerbating the psychiatric disabilities.

Unfortunately, the “Holidays” are a time when stresses and anxieties are further exacerbated; we are all meant to be “happy” and in the “holiday spirit”, when in fact the gathering of friends, family and gift-giving exponentially emphasizes the medical conditions which people suffer from, especially psychiatric conditions.

For Federal and Postal employees considering filing for Federal Disability Retirement under FERS or CSRS, the “Holidays” should be a time of rest and reflection; to determine the course for the future; whether the future holds continuation of a long and productive career, and will it continue until the time of regular retirement, or is this the time to consider filing for Federal Disability Retirement.

The “long-term view” must be taken; not to make a hasty decision because of the exacerbating circumstances of the Holidays; rather, to see beyond the holidays, and make the proper decision based upon an “objective perspective” of the “now”, as well as of the future.

Sincerely,

Robert R. McGill, Esquire

Federal Employees Retirement System (FERS) & Social Security Disability Insurance (SSDI)

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I have received numerous telephone calls which indicate that there are many people who are confused, misinformed, or ill-informed about the issue of Social Security disability, filing for it, when to file for it, etc., in conjunction with filing for Federal Disability Retirement benefits under FERS (obviously, if you are under CSRS, you do not need to file for it).  For informational purposes, here is the bottom line:  Whether or not you plan to actually qualify for Social Security disability benefits, the only concern with respect to meeting the requirement for the Office of Personnel Management, as part of the FERS disability retirement application, is as follows:  OPM really doesn’t care when you file, so long as you have filed and show a receipt on or before the day they approve your disability retirement application.

Thus, many people will tell me that they were “informed” by their Human Resources personnel that they must file with Social Security first before they can file for OPM disability retirement under FERS (not true); or, that they must have a decision by Social Security before they can file under FERS (even more untrue); or, that OPM will not even look at a federal disability retirement application unless you have first filed with Social Security (again, untrue).  The bottom line:  Yes, you must file for Social Security, but OPM doesn’t need to see a receipt showing that you filed, until the day they approve your OPM disability retirement application.  So, sometime before the Federal Disability Retirement application gets to OPM, or, in those cases where one has procrastinated for too long, even after the application gets to OPM, you need to file for Social Security disability benefits, and have a receipt ready to show OPM.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Right Time

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For each Federal and Postal employee, there is a “right” time to file for Federal Disability Retirement benefits under FERS & CSRS.  By “right time”, I do not mean as to the proper timing in the actual filing of a Federal Disability Retirement case — i.e., whether it should be before or after separation from service, whether at the end of the year, the beginning of the year, etc.  No, by “right” time, I refer to the time when a Federal or Postal employee — that person who has put in all of those many years of loyal service, managed through pain, discomfort, overwhelming stresses, anxieties, fears, chronic and intractable pain, etc. — comes to the conclusion that he or she cannot continue in this mode of existence anymore.  Whether or not a Federal Disability Retirement case is filed with an agency or at the Office of Personnel Management in one month as opposed to another, is ultimately not of great importance; whether a person who is suffering from a medical condition for months, or years, and has been adept at hiding the daily pain and suffering — whether that person has come to a decision that it is now the “right time” to file for disability retirement, makes all the difference.  Each person must find that right time.  “How” and “when” are the two questions which must be answered, and only the Federal or Postal employee who is contemplating filing for Federal Disability Retirement benefits under FERS or CSRS can answer such questions.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: OPM and a Delicate Balance

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The Office of Personnel Management, as a Federal Agency, always maintains a “public face” of stating that they welcome inquiries and telephone calls to check on the status of a pending Disability Retirement application.  Yet, we all know that Agencies, Departments and the personnel and offices which comprise all Federal entities, are made up of “people”, and people are complex bundles made up of different and differing personalities.

There is a fine and delicate balance to be maintained between an “inquiry” and a “bugging”, and further, between an acceptable level of “bugging” and one which crosses the line into annoyance.  It is good to recognize and know when and if the lines are crossed.  A power struggle is a fine thing to get into, where there are two camps of equal power.  Where there is an imbalance of power, however, it is often unwise to insist upon the tug-and-pull of such a struggle.

A word to the wise:  in dealing with any Federal Agency, be it the Office of Personnel Management or a Supervisor at a given Agency X, maintain a voice and tone of professionalism; the person on the other end of the telephone, no matter how friendly, is not your next-of-kin; be courteous, always, even if you want to insist upon something.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: FERS & SSDI

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Of course one must file for SSDI (Social Security Disability benefits) when a Federal or Postal employee under FERS (the Federal Employees Retirement Systems, as opposed to CSRS, the Civil Service Retirement System) files for Federal Disability Retirement benefits.  If approved by Social Security, there is a 100% offset of benefits in the first year, and a 60% offset of benefits every year thereafter until age 62.

The real underlying question for most people, is how aggressively one should, or one wants to, pursue Social Security benefits.  This is often determined by what one plans to do after becoming a Federal Disability Retirement annuitant.  For, if you plan to work part or full time, and think that you will be earning more than the yearly ceiling allowable under SSDI, which is around $12,000.00 per year, then it is probably not worthwhile to pursue it very aggressively.  On the other hand, if you plan on relying exclusively on your disability annuity, it is probably a good idea to pursue it with the intent of obtaining it.

Sincerely,

Robert R. McGill, Esquire

FERS Disability Retirement: Attorney Representation

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I am still often asked about whether or not, or how helpful, legal representation would be in a Federal or Postal Disability Retirement case.  To ask an attorney such a question is often unhelpful, for there is always the question as to how much “self-interest” an attorney has in answering such a question.

What I can state, however, is the following:  Remember that everyone believes that his or her case is a “sure thing” — this is natural, because the very individual who is filing for disability retirement is the one who is suffering from the medical condition, and so it is a very “personal” matter, and a sense of objectivity is difficult to maintain in these matters.

Second, remember that when you hire an attorney, you are not just hiring someone who “knows something” about CSRS or FERS Disability Retirement; instead, you should be hiring that lawyer for his or her reputation, his knowledge of the administrative & legal process with the Office of Personnel Management and the Merit Systems Protection Board, and how well he is “thought of” by OPM (i.e., how long has he been practicing in the field of Federal Disability Retirement law, does he know the people at OPM, and more importantly, does OPM know him/her?).

Finally, always keep in mind that, while attorneys can be expensive, you must always do a cost-benefits analysis, and look at the benefit you will be receiving (or not receiving) if you do or do not hire an attorney.  OPM Disability Retirement benefits are essentially a means of securing one’s financial future, and as such, the benefit to be secured is important enough to consider hiring an attorney.

Sincerely,

Robert R. McGill, Esquire