Posted on March 16, 2011 in Administrative Law
Often, the answer to a question posed depends upon how accurately the question is presented. Such are the tools of the trade of an attorney, and it is often necessary to rephrase, reassemble and rearrange a question in order to suit an answer. In a Federal Disability Retirement case under FERS or CSRS from the Office of Personnel Management, the question posed is: How long does the process take? This all depends upon a number of factors — how quickly the treating doctor will respond; how long will the Agency take in completing their portion; what is the "wait time" at the Office of Personnel Management. Unspoken within the original question, however, is how many months of delay has already occurred on the part of the potential applicant prior to coming to a point of determining that filing for Federal Disability Retirement benefits is a necessary event. Unfortunately, the very emergency nature of having to file for Federal Disability Retirement benefits under FERS or CSRS results quite often because the Federal or Postal worker has continued to delay for months and months — and sometimes years — prior to coming to a decision that filing for Federal Disability Retirement benefits is a necessity. Such delays and procrastination are often part of the medical condition itself, and cannot be helped. But during such delays, it is important to make an assessment as to whether the procrastination has a detrimental effect, or is it for positive reasons? If it is irrefutable that one’s medical condition is progressively and irreversibly deteriorating; if delaying is simply dwindling finances needed to endure the long administrative process of waiting for an approval from the Office of Personnel Management; if putting off the inevitable is simply a result of not wanting to face the event; such reasons for delay constitute a self-defeating action. If, on the other hand, delaying has meant securing one’s financial future, or because it has had positive psychological benefits, then that is a different matter entirely. To delay is not necessarily a negative decision, but each individual must bear the personal responsibility of his or her part in such an act, by making a forthright assessment of the underlying reasons and justifications.
Sincerely, Robert R. McGill, Esquire
Often, the answer to a question posed depends upon how accurately the question is presented. Such are the tools of the trade of an attorney, and it is often necessary to rephrase, reassemble and rearrange a question in order to suit an answer.