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

March 31, 2009

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

Tags: careful consideration of VERA (early retirement), civil service disability, CSRS disability lawyer, disability federal workers, disability retirement at the USPS, disability retirement opm, federal disability attorney, federal employee disability, federal employee disability benefits, federal employees disability benefits, federal workers comp, FERS medical retirement, ill federal employee, OPM disability in a tough economy, OWCP long term disability, Post Office disability, Postal disability retirement, postal workers injury attorney, the economy and federal disability retirement, USPS disability retirement, USPS self interest

OPM Disability Retirement & Postal Service Voluntary Early Retirement (VER)

March 25, 2009

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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

Tags: applying for federal disability, attorney for US government employees, careful consideration of VERA (early retirement), disability retirement at the USPS, FERS Disability, ill federal employee, long-term security of the Federal and Postal employee, One-Year Statutory Timeframe, OPM disability attorney, OPM disability in a tough economy, Post Office disability, Postal disability, Postal employees disability, Postal Service disability, Postal Workers Comp, postal workers injury attorney, resources for injured federal workers, the economy and federal disability retirement, USPS disability claims, USPS Workers Comp, VER severance pay for Postal Workers

OPM Disability Retirement: The Long View

March 20, 2009

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What I find when individuals have attempted to file on their own, and get it rejected, is the lack of preparing for the “long view.” Many people hear stories about how “such and such” obtained a disability retirement approval for “far less than the medical conditions I have.” Fair enough. Those stories may be true (I never engage in a discussion about the validity or truth of such stories; they are what they are — stories); nevertheless, there are multiple factors which are considered at each stage of the process of filing for disability retirement: Who the OPM Specialist is that will be reviewing an application; the subjective application of which criteria are applied in a given case; the personal and professional differences that arise between different bureaucrats at the Office of Personnel Management (no, don’t believe in the story that there is an “objective” methodology of applying the law when reviewing each disability retirement application); and multiple other factors, including whether or not your particular disability retirement packet was reviewed by someone at the Office of Personnel Management when he or she had a “bad day”.

To counter all of the multiple factors over which we don’t have any control, one must always take the “long view” — the view that it may take two denials, and end up before a Judge at the Merit Systems Protection Board. At that point, it is important for the Judge to see how well-documented the case has been prepared; that legal arguments have already shown that OPM was unreasonable in its initial decision and its Reconsideration Denial; and how, despite additional attempts at fulfilling OPM’s requests for additional medical documentation, that OPM continued to be unreasonable. By preparing for the “long view”, a disability retirement packet not only has the best chance of getting it approved in the “short run”, but also at the Merit Systems Protection Board.

Sincerely,

Robert R. McGill, Esquire

Tags: civil service disability retirement, dealing with the OPM bureaucracy, disability retirement application, disability retirement at the USPS, federal disability retirement application and process, federal disability retirement approval, federal employee disability, federal employees disability benefits, Merit Systems Protection Board and OPM disability, MSPB Administrative Judge (AJ), Nexus between Medical Condition and Essential Elements, Office of Personnel Management (OPM), OPM Initial Stage, OPM objective methodology, OPM Representative, Post Office disability, separated from service, the approval/disapproval process, USPS disability claims, USPS Workers Comp, what to do if your opm disability is denied?

CSRS & FERS Disability Retirement Check Status: The Process & the Office of Personnel Management

March 17, 2009

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The “British Rule” is that “good manners will always get you through any and every form of trouble.” The process at the Office of Personnel Management is a long and arduous one. When the disability retirement packet finally arrives at Boyers, PA, it will often sit for approximately thirty (30) days, before it is finally assigned a CSA number (for CSRS employees, it will begin with the number “4”; for FERS employees, it will begin with the number “8”). The Applicant will receive a form letter from OPM in Boyers, PA, informing you that you have been assigned a CSA number, and that it has been forwarded to the OPM office in Washington, D.C. This is when patience and good manners must come to the fore. Of course, there is nothing wrong with calling OPM and inquring about the status of your case. However, always remember to be courteous; inquire as to the time-frame that the adjudicating disability specialist is expecting; and ask if it would be okay to call periodically, and to let him/her know that if any further documentation is needed, to give you a call — or, if you are represented, to call your attorney. Whatever you do, do not get angry, and keep it professional — and courteous.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: The Process

March 15, 2009

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The importance of the “process” cannot be overstated in the filing of Federal Disability Retirement benefits. It is the “coordination” of all of the various elements involved: the Medical Narrative Report; the proper legal citations to refer to; the relevance of which medical documents to use; streamlining the documentation; the orderly listing of the medical conditions; how the medical conditions should be described; the narrative description of the impact and nexus between the medical condition and the job description; how to deal with accommodation issues; how to preemptively minimize any adverse impact from an “unfriendly” Supervisor’s Statement; preparing for the “long haul” — the potential denial, the denial at the Reconsideration Stage, and onward to the Merit Systems Protection Board — thus, preparing the case not only for the First Stage, but for any future stages of the process; how to deal properly and intelligently with specific medical conditions which may require a different “tweaking” of the application (i.e., medical conditions such as Fibromyalgia, Chronic Fatigue Syndrome, Bipolar Disorder, panic attacks, Multiple Chemical Sensitivity cases, etc.); the “do’s and don’t’s” of describing certain medical conditions. These are only some of the issues which must be dealt with, coordinated, and thoughtfully constructed in preparing for a Federal Disability Retirement case.

Sincerely,

Robert R. McGill, Esquire

Tags: anxiety & panic attack in the Postal Service, appeal to the Merit Systems Protection Board, Appeals, Bipolar Disorder in the Postal Service, case law citation in federal disabilities cases, Chronic Fatigue in federal jobs, different medical conditions in federal disability retirement, federal employee disability, federal workers with panic attacks, Fibromyalgia in OPM disabiity retirement, injured postal worker, legal accommodation for Postal workers, medical condition(s), Multiple Chemical Sensitivity (MCS), Nexus between Medical Condition and Essential Elements, OPM First Stage Disability Application, OPM Reconsideration Stage, SF 3112B Supervisor’s Statement, the approval/disapproval process, The Doctor's Medical Narrative, USPS disability claims, USPS Workers Comp

CSRS & FERS Disability Retirement: Medical Documentation

March 9, 2009

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As I often tell my clients in preparing a Federal Disability Retirement application: The “lynchpin of the application is the medical report”. Thus, it is important to speak to the doctor about the legal requirements of a medical narrative report.

Doctors, by their very nature, hate to write reports; they are doctors, and doctors perform medical duties; writing a report is an “administrative” duty, and further, writing a medical report for a disability retirement application is a “legal administrative” duty — the farthest thing from what a doctor would like to do.

Additionally, many potential applicants don’t understand that for certain medical conditions — Fibromyalgia, Chronic Fatigue Syndrome, and Multiple Chemical/Environmental Sensitivity cases, and “contact Dermatitis” cases, as well as other related conditions — there are many “do’s and don’t’s” with respect to the substance and content of the medical reports.

The Office of Personnel Management looks for certain key phrases which doctors will often write about in describing certain medical conditions, and it is important to caution the doctors about certain key elements. It is not that the doctors should not describe the symptoms in a certain manner; rather, once the doctor understands what the legal requirements are, a treating doctor will more fully understand what needs to be said in order to meet that legal requirement.

In other words, doctors will often use “standard medical-ese” in describing symptoms; a fuller explanation is more often needed in order to meet the legal requirements of being eligible for disability retirement. That is where an attorney’s assistance is often crucial.

Sincerely,

Robert R. McGill, Esquire

Tags: applying for federal disability, Chemical Sensitivity, Chronic Fatigue in federal jobs, civil service disability, disability retirement opm, federal disability lawyer, federal employee disability, federal medical retirement, FERS medical retirement, Fibromyalgia in OPM disabiity retirement, getting OPM disability benefits, how to win an OPM disability case, lawyer role in federal disability cases, legal requirements of the medical narrative report, Medical Documentation for OPM Disability Retirement, medical reports in the OPM disability retirement application, Nexus between Medical Condition and Essential Elements, OPM disability application tips and strategies, Postal Service disability, The Doctor's Medical Narrative, USPS Workers Comp, your treating doctors

OPM Disability Retirement: Quality versus Quantity

March 7, 2009

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While most Federal Disability Retirement applicants whom I represent, and have represented, retain me at the initial stage of the application, a good many of my clients come to me at the Second (Reconsideration) and Third (Merit Systems Protection Board) Stages of the process. I find that the vast majority of the individuals who attempted to put his or her disability retirement packet together, and got it denied at the first level, attempted to simply overpower the Office of Personnel Management with a voluminous compendium of medical records. Wrong move. Always place quality over quantity. Streamlining a case is often the key to winning a disability retirement case.

This is just as true for cases involving Fibromyalgia, Chronic Fatigue, Multiple Chemical Sensitivity, etc. Because such medical conditions are often thought of as “not quite” legitimate conditions, applicants often make the mistake of thinking that by overloading the Office of Personnel Management with a thick, unwieldy file of medical records, that the sheer weight of the records will convince OPM that it is a “legitimate” case. Wrong move. Don’t be defensive. Such conditions as Fibromyalgia, Chronic Fatigue, Multiple Chemical Sensitivity, Bi-polar Disorder, panic attacks, Generalized Anxiety Disorder — they are all legitimate basis for disability retirement. Such medical conditions need not be apologized for. Such conditions need not be “defensively” or “apologetically” submitted. They are legitimate conditions to file; they just need to be submitted in the proper manner — by having a strong, streamlined, and cohesive medical narrative, properly prepared by the doctor, under the guidance of a Federal Disability Retirement attorney.

Sincerely,

Robert R. McGill, Esquire

Tags: anxiety & panic attack in the Postal Service, anxiety and depression among postal workers, appeal to the Merit Systems Protection Board, bi-polar disorder in OPM disability, Chemical Sensitivity, Chronic Fatigue in federal jobs, Chronic Fatigue Syndrome (CDC) and Postal/Federal workers, disability retirement at the USPS, disability retirement with the federal government, environmental allergy among federal workers, federal employee disability, federal employee disability retirement, federal workers with panic attacks, FERS Disability, Fibromyalgia in OPM disabiity retirement, Health Conditions and the Federal and Postal Employee, legitimate conditions for OPM disability retirement, Major Depression cases in the USPS, OPM disability appeal to the MSPB, OPM disability application tips and strategies, OPM First Stage Disability Application, OPM Reconsideration Stage, OWCP disability, place quality over quantity, Postal disability retirement, psychiatric medical disabilities, resigning for OPM disability retirement, resources for injured federal workers, Second Step OPM Appeal, The Doctor's Medical Narrative

CSRS & FERS Disability Retirement: Thoughts on Specific Disabilities

March 3, 2009

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There is a view that is often proposed that, for certain medical conditions or disabilities, that a different “approach” needs to be undertaken. Thus, by way of example, certain medical conditions such as (to name just a few, and of course, the list is by no means intended to be exhaustive) Fibromyalgia, Chronic Fatigue Syndrome (CFS), various forms of Multiple Chemical/Environmental Sensitivity cases, and even psychiatric conditions such as Bi-polar Disorder, Generalized Anxiety, etc. — are often thought to be somehow in a “different” category from (again, by way of example) more “traditional” medical conditions such as Multiple Sclerosis, Lupus, Shoulder Impingement Syndrome, Osteoarthritis, degenerative disc disease, herniated discs (cervical or lumbar), Torn ACL, Failed Back Syndrome, etc.

Thus, the question sometimes posed is: should the former types of medical conditions somehow be treated “differently” than the latter, more traditional types of medical conditions? My answer is, generally, “No”. First, each individual case must be treated based upon the uniqueness of the particular case. Second, to file a disability retirement application “differently” because you fear that OPM may not accept your particular kind of medical condition approaches the entire process in a defensive, almost defeatist manner. Third, because Federal Disability Retirement is based upon the symptoms which are manifested, as opposed to a “category” of a medical condition, and further, how those symptoms and manifested symptomatologies impact the essential elements of one’s job, it is the emphasis upon the nexus between the symptoms and the core elements of the job which should always be emphasized, and not what your medical condition is “called” or “named” as. Thus, as a general point of legal approach, I prepare all of my clients’ disability retirement applications in a similar vein: that, regardless of what condition you have been diagnosed with, the symptoms exhibited and clinically identified by your treating doctor impact your ability to perform the essential elements of your job. This is the best approach to take in all cases.

Sincerely,

Robert R. McGill, Esquire

Tags: anxiety & panic attack in the Postal Service, applying for federal disability, attorney for US government employees, bi-polar disorder in OPM disability, Cervical Herniated Disc, Chemical Sensitivity, Chronic Fatigue Syndrome (CDC) and Postal/Federal workers, colon problems affect job performance of federal or postal workers, disability retirement at the USPS, Essential Elements of a Job Concept in OPM Disability Law, Failed Back Syndrome, federal and postal workers with severe migraine headaches, federal government employee with emphysema, federal workers disability, FERS Disability, fers disability for bleeding ulcers problems, fibromyalgia and federal disability retirement, Fibromyalgia in OPM disabiity retirement, Generalized Anxiety Disorder (GAD), Health Conditions and the Federal and Postal Employee, how to win an OPM disability case, Lumbar Herniated Disc, Lupus, Major Depression cases in the USPS, medical condition(s), mental condition in OPM disability, Multiple Chemical Sensitivity (MCS), Multiple Sclerosis, nexus between medical disability and job performance, non job related injures or illnesses, obesity in OPM disability retirement, OPM disability application tips and strategies, OPM mental condition, Osteoarthritis degenerative disc disease, OWCP long term disability, Postal employees disability, Postal Service disability, postal workers disability psychiatric disability in OPM disability retirement, psychologist, rheumatic diseases, rotator cuff tear and fers opm disability retirement, severe and radiating pain, Shoulder Impingement Syndrome, USPS Workers Comp

OPM Disability Retirement: The Merit Systems Protection Board

February 24, 2009

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An appeal to the Merit Systems Protection Board in a Federal Disability Retirement case means that the disability retirement application has been denied twice by the Office of Personnel Management: at the initial application stage, then at the Reconsideration Stage. This is often considered to be the third and last try — of convincing an administrative judge (an “AJ”) that you are entitled and eligible for disability retirement. There are, of course, two additional stages — an appeal to the Full Board and to the Federal Circuit Court — but such avenues present only the right to reverse a decision of the Merit Systems Protection Board, and no new evidence can be presented.

Thus, one might consider the Merit Systems Protection Board as the “last stop” in the administrative process. Do not think, however, that the process must necessarily be won before the Administrative Judge in a hearing — much work and persuasive argumentation should be made to the OPM representative who is handling the case at this MSPB Stage. The OPM representative at the Third Stage of the process is usually an attorney; they are competent; they are versed in the case-law — and thus open to be persuaded by legal argumentation. While the administrative stages (the Initial Stage and the Reconsideration Stage) involved OPM representatives who are non-attorneys, the MSPB Stage involves seasoned attorneys who present an opportunity for persuasion and argumentation, and thus a golden opportunity to convince OPM to reverse their own decision before coming to a Hearing. Such an opportunity should never be missed, and every effort should be made by the applicant’s attorney to have multiple contacts with the OPM representative prior to the date of the Hearing.

Sincerely,

Robert R. McGill, Esquire

Tags: Administrative Law, appeal to the Merit Systems Protection Board, disability retirement application, Federal Circuit Court of Appeals, federal disability law, federal injured ill workers, FERS Disability, lawyer role in federal disability cases, legal & foundational argument, legal for persuasion and argumentation before MSPB hearing, Merit Systems Protection Board and OPM disability, MSPB Administrative Judge, MSPB and OPM disability retirement, MSPB disability lawyer, MSPB Third Stage, Office of Personnel Management (OPM), OPM disability appeal to the MSPB, OPM First Stage Disability Application, OPM Initial Stage, OPM Reconsideration Stage, Petition for Review before the Merit Systems Protection, statutory requirements in OPM disability law, the non-attorney opm representative

CSRS & FERS Disability Retirement: OWCP, Light Duty & Federal Disability Retirement

February 20, 2009

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As I stated in my previous blog, OWCP is not a retirement system. Instead, it is meant to return an injured worker back to productivity with his or her agency. This is done through means of providing for medical treatments; paying the Federal employee temporary total disability benefits during the time of treatment and recuperation; then, if the Federal or Postal employee is unable to return to the former position in full capacity, to offer a “modified position” to the employee. At each step in the process of OWCP/DOL, the onerous and burdensome hand of the process becomes clear — for, if at any time, the employee refuses to follow the mandates given by OWCP, the real threat of having one’s temporary compensation suddenly terminated is always a possibility.

Thus, in accepting OWCP benefits, there is a clear trade-off: tax free compensation for the price of being completely governed by OWCP. Then, when the modified job offer is given, you have no choice but to accept it, in whatever form, and must be accepted “as is” — otherwise, your temporary total disability payments will be terminated. Remember, however, that accepting such a position does NOT preclude you from filing for disability retirement benefits, because the case-law governing Federal Disability Retirement has a “safety” feature: in order to be considered a legally viable “accommodation” under the law, the modified job that is offered and accepted must have been one which was previously in existence, and vacant. It cannot be your old job slot, modified by a piece of paper prepared by your agency and the Department of Labor. It must be a true job.

Sincerely,

Robert R. McGill, Esquire

Tags: disability federal workers, federal owcp, Federal Worker's Comp is not a retirement system, federal workers comp, FERS Disability, injured federal employee, invasive surgery, medical condition modified job offer, modified position has to be a real job, offer of modified assignment (limited duty) ps form 2499x, OPM disability doesn't have to be job-related, OWCP benefits for federal workers, OWCP disability, OWCP doctors, OWCP has to be job-related, postal service actions against the postal worker, resources for injured federal workers, stress in federal jobs, the OWCP/DOL process, USPS disability retirement, USPS Workers Comp, work-place accident in a federal or Postal job, Workers Comp disability