Federal Disability Retirement is one of those areas of law where countervailing forces are always at play, and the tug-of-war against time, resistance of individuals to respond, all within a context of a hectic-pace of life, create for a havoc of systems and regularity.
Because the underlying basis of filing for Federal Disability Retirement benefits often involves a chronic, progressively deteriorating medical condition, it is often seen from the perspective of the Federal or Postal employee to be an emergency; from the viewpoint of the medical doctor whose support for the case is critical, because the opinion of the doctor is essential to formulating the foundation of a Federal Disability Retirement application, it is often seen as another administrative burden; from the Agency’s vantage point, the alleged patience over the years which it has shown in “dealing” with loss of time, less-than-stellar performance, etc., often results in a reactionary adversity of being entirely unsympathetic to the plight of the Federal or Postal employee; and, together, all of the strands of these multiple countervailing forces places an undue pressure upon the entire process. Yet, once it gets to the Office of Personnel Management, the file sits…and sits.
The long-term perspective on every Federal Disability Retirement application must always be to accept the fact that case development is the most important point to ponder. Quickly filing a Federal Disability Retirement application, whether under FERS or CSRS, may in the end prove to be pound-foolish, especially in a retrospective, Monday-night quarterbacking sense, if OPM denies the case anyway.
Robert R. McGill, Esquire