Federal Disability Retirement (FERS & CSRS): The PIP - Administrative Law Legal Blogs Posted by Robert R. McGill - Lawyers.com

Federal Disability Retirement (FERS & CSRS): The PIP

Let’s be very clear:  while the designation of a Performance Improvement Plan is often characterized or defined as an "opportunity" for both the Agency as well as the Federal employee to assess the performance of an individual, in order to show areas of needed improvement, to identify areas of needed accommodation, etc., the truth of the intended placement of a PIP is one clear roadmap:  To get rid of you.  It is a way for the Agency to have an "objective" basis in which to propose a termination of a Federal employee.  It is a way for the Agency to be able to say to the Judge, "Hey, we tried; we gave him/her the opportunity to improve…"  The consequences and linkage between a PIP and a Federal Disability Retirement application, however, is almost always there to take advantage of:  The Performance Improvement Plan (a corollary for the Postal employee is the "Investigative Interview", or other similar nonsense) is proof-positive that one’s medical conditions directly prevent one from performing all of the essential elements of one’s job.  The key is to try and document the linkage — between the initiation of a PIP and having the Agency acknowledge that there are underlying medical conditions which caused the necessity of a PIP initiation, as well as leading to the resulting failure within the PIP.  While it may be that the Federal employee wants to continue to work, and not file for Federal Disability Retirement benefits under FERS or CSRS, the reality is that the initiation and institution of a PIP is a good indicator that filing for Federal Disability Retirement benefits is no longer a choice; it has become a necessity.

Sincerely, Robert R. McGill, Esquire

Let’s be very clear:  while the designation of a Performance Improvement Plan is often characterized or defined as an "opportunity" for both the Agency as well as the Federal employee to assess the performance of an individual, in order to show areas of needed improvement, to identify

View Attorney Profile

Robert R. McGill

Licensed since 1988

Member at firm Robert R. McGill

AWARDS

Champion Badge Platinum

RECENT POSTS

  • FERS OPM Medical Retirement: The Unique Writer
    Posted on May 20, 2019

         These days, writers are plentiful; more and more people are publishing, and while “self-publishing” has become more acceptable, even the quantity of people writing books, novels, narratives, biographies, autobiographical works, self-help books and allegedly adventuresome travelogues portending to unique experiences has exponentially exploded in our times. Decades ago, there were only a handful ... Read more

  • FERS OPM Medical Retirement: Advice
    Posted on May 18, 2019

         The great thing about it is that most people are willing to give it out in endless streams of inarticulate bosh for free, and the rest of us are at liberty to do with it what we want. With the advent of the Internet, and more so with the consolidation of all things ... Read more

  • FERS OPM Medical Retirement: Jobs versus careers
    Posted on May 17, 2019

         We make a distinction between the two, do we not? One merely “lands” a job, whereas we “pursue” a career, implying the arbitrary nature of the first and the delectable interest shown in the second. Yet, the bifurcation of the two is never so stark as night and day, but can often be ... Read more

Robert R. McGill

Licensed since 1988

Member at firm Robert R. McGill

AWARDS

Champion Badge Platinum

RECENT POSTS

  • FERS OPM Medical Retirement: The Unique Writer
    Posted on May 20, 2019

         These days, writers are plentiful; more and more people are publishing, and while “self-publishing” has become more acceptable, even the quantity of people writing books, novels, narratives, biographies, autobiographical works, self-help books and allegedly adventuresome travelogues portending to unique experiences has exponentially exploded in our times. Decades ago, there were only a handful ... Read more

  • FERS OPM Medical Retirement: Advice
    Posted on May 18, 2019

         The great thing about it is that most people are willing to give it out in endless streams of inarticulate bosh for free, and the rest of us are at liberty to do with it what we want. With the advent of the Internet, and more so with the consolidation of all things ... Read more

  • FERS OPM Medical Retirement: Jobs versus careers
    Posted on May 17, 2019

         We make a distinction between the two, do we not? One merely “lands” a job, whereas we “pursue” a career, implying the arbitrary nature of the first and the delectable interest shown in the second. Yet, the bifurcation of the two is never so stark as night and day, but can often be ... Read more