FERS & CSRS Federal Disability Retirement: Securing a Future in a World of Uncertainties

Federal Disability Retirement is a benefit under both FERS (Federal Employees Retirement System) and CSRS (Civil Service Retirement System).  Postal employees are either under FERS or CSRS, and each Postal Service employee is eligible for the benefit variously known as “Federal Disability Retirement”, “Medical Retirement under FERS or CSRS”, or sometimes otherwise recognized as “OPM Disability Retirement”.  As the economy constricts, and the Federal deficit continues to loom larger, companies often tend to react in ways which are contrary to rationality or good business sense.  As the upper management of the U.S. Postal Service is not known for great managerial competence, accessibility to such compensatory programs as the FERS & CSRS Disability Retirement programs will be an essential roadmap for securing one’s future economic well-being.

The U.S. Postal Service is a Constitutionally-recognized entity, as referenced in Article I, Section 8, Clause 7 of the U.S. Constitution, providing that Congress shall establish Post Offices.  Yet, it is clear that the Federal Government wants to dissociate itself from its obligations, leaving the U.S. Postal Service to fend for itself in these difficult economic times.  With sequestration overshadowing all budgetary issues (and with uncertainties as to their long-term effects upon the rights, duties, obligations and entitlements for Federal and Postal employees); a Postal 2012 deficit tally approximating 16 billion dollars; and now, after failing in an earlier attempt to “connect” with the younger generation (by the way, where is the Lady Gaga stamp?), now we are making a stab at fashion and a clothing line.  This will surely be a revenue-generating endeavor (please ignore the obvious sarcasm inherent in such a statement) and, moreover, will be a fierce competitor against the likes of London, New York and Paris fashion designers.  Where, oh where, has the U.S. Postal Service gone wrong?

Then, of course, there is the “mystery shopper” program.  This is essentially analogous to the drone program of spying on one’s own citizenry, except that the employees who go around finding fault through endless irrelevancies and minutiae are getting paid for a job which does nothing to advance the efficiency or profitability of the U.S. Postal Service.  Indeed, when the “mystery shopper” begins annotating multiple demeritorious criticisms leveled at a Postal Facility, do they take into account that with the cutbacks and budgetary constraints, the Postmaster is running back and forth filling in; that the Mail Truck did not arrive until 11:00 a.m. because central distribution facilities have been consolidated and everyone down the assembly line is overworked and understaffed?  So, if the Window Clerk fails to ask the customer whether or not he or she would like to buy any stamps, perhaps it is because there is a line of 20 people waiting behind the customer?

Of course, stresses are an everyday part of life.  In man’s original “state of nature”, survival itself was the great stressor.  In man’s artificially-created world of commercial competition, debts and deficits which go into the trillions; and in a world where a Constitutionally-authorized entity is ignored by the U.S. Congress — the stresses and the dangers posed by the U.S. Postal Service will only get worse as the economic fortunes of the U.S. Postal Service continue to decline.  In this artificially-created world of post-industrial stresses, the U.S. Postal Worker is most uniquely susceptible to medical conditions which reflect the complexity, severity and in many cases, the savagery of the global competitiveness of the world in which we live.  Everyone has been impacted by the electronic age of datum-dissipation:  email, online shopping, Internet communication; Skype, IM, Texting, Facebook updating; all of the technologically-advanced methodologies of communicating – in the face of this, the old first-class letter sent from one part of the country to another.  For .46 cents, why would someone send a letter which takes at least three days to deliver, when you can push a button and send an email instantaneously?  With FedEx, UPS and other smaller carriers competing for the limited rights to dominate the global market of transporting and delivering parcels and packages, the question of loss, of relevance, of a dedicated workforce willing to invest in a company with a future outlook which is bright and promising, is the key to the very survival of the U.S. Postal Service.

Mistreating its injured workers; trying to compete in a line of commercial venture which is, at best, tantamount to a the proverbial “fish out of water”; cutting back on the backbone of its strength – by shutting down major distribution processing facilities and declaring to the public that such facility closures will not impact the efficiency of the delivery system – a statement which everyone knows to be merely a conciliatory attempt at putting things in the best light possible, but which we all recognize is at best an exaggerated misstatement of facts; and now, retreating and retrenching by stopping Saturday mail deliver – these are not the foundations for a promising future for Postal Workers all across the United States.  In the very recognition of all of this, it is important to understand that if the Postal Worker of today is an anathema, a dinosaur in a world of technology and multi-tasking:  The mail must still be trucked, unloaded, pulled, culled, sorted, processed, distributed, all by hands, arms, necks, shoulders, backs and knees which are not built for decades of repetitive strain.  Performed by Mail Handlers, Distribution Clerks, Mail Processing Clerks; Window clerks, Sales, Service & Distribution Clerks; Letter Carriers (City & Rural); overseen by Supervisors, Customer Services; Postmasters and Postal Managers; the physical strain, exacerbated by the emotional and psychiatric stresses of doing more with less; all have, continue to, and will result in greater and widespread medical disabilities which will include a long litany of conditions which will include repetitive strain injuries, Carpal Tunnel Syndrome, Shoulder Impingement Syndrome; Subacromial bursitis; Labral tears; knee injuries; multi-level degenerative spinal conditions; Major Depression, Generalized Anxiety Disorder, uncontrollable panic attacks; just to list a short version of potential medical conditions which will erupt in a rampage of conditions which will result in an inability to perform the physically-demanding, cognitively-stressful, and emotionally draining jobs within the U.S. Postal Service.

Stress is an inherent part of any job.  However, that being said, the stresses which are artificially imposed because of deleterious managerial decisions over (now) many decades of misuse, abuse and poor engagements for competitive economic ventures outside of the proper venue of what the U.S. Postal Service is empowered to do – will only predictably result in the exponential explosion of medically disabling conditions.  Federal Disability Retirement is a viable avenue of consideration for the injured and medically disabled Postal Worker.  It provides compensatory relief for the Postal Worker who is no longer able to perform one or more of the essential elements of one’s job, and allows for the possibility to receive an annuity while seeking to continue in another vocation in the private sector.  As an annuity, it will pay 60% of the average of one’s highest-3 consecutive years of service for the first year, then 40% every year thereafter, until age 62 when the annuity is recomputed based upon the total number years of Federal Service (including the time while on Federal Disability Retirement).

As a compensation program, Federal Disability Retirement is a progressive paradigm for the future.  While the U.S. Postal Worker continues to engage in such foolish endeavors as a line of designer clothing, the ground-level Postal Worker must always entertain all options available, to secure the future, and provide for some economic certainty in an ever-growing world of uncertainty.

The Postal Worker and Federal Disability Retirement Today: Longer Hours, More Repetitive Strain, and Less Loyalty from Above

    Animals are by nature suspicious of strangers; it is only the human who, by a smile and a kind word, will embrace a stranger.  And, even if he is stabbed in the back, more often than not, he will attribute the pain to an accidental and excusable act of negligence; and so we are left with a gullible population of saints – or fools, depending upon one’s viewpoint. 

                                    — from, A Human Perspective

U.S. Postal employees have the most difficult of jobs:  the repetitive nature of the craft duties; the constant bending and lifting, placing an extraordinary strain upon the knees, neck and back; turning and twisting; casing of mail; pushing, pulling; performing maintenance; climbing ladders; entering and exiting a vehicle; walking and standing – the full gamut of such strain upon the musculoskeletal, joints and musculature; not even referring to the mental and emotional strains which are placed by time pressures, working cooperatively with coworkers; responding professionally to supervisors, unreasonable postmasters, irrational customers and all throughout, processing and delivering thousands upon tens of thousands of pieces of mail on a daily basis.

Yes, there is the specific compensation program – under the Federal Employees’ Compensation Act (FECA), administered through the Department of Labor (DOL), Office of Workers’ Compensation Programs (OWCP) – which is structured and set up precisely to address the injuries which are incurred as a result of such occupational-related medical conditions, whether directly (as in an injury occurring during the course of one’s day on the job) or as a hazard inherently related to the occupation itself (which should, theoretically, encapsulate such repetitive-type injuries, related to overuse and chronic medical conditions resulting from the combination of time, repetition and duration).   But more often than not, doctors are unable to specifically relate a particular medical condition to one’s occupation – arthritis does not, in all instances and for everyone, necessarily occur in people who engage in arduous repetitive tasks; Patellofemoral Syndrome does not always and in all cases manifest itself for Letter Carriers, Mail Handlers, etc.; and multiple other types of progressively debilitating medical conditions occur in the general population at large – just not in exponentially explosive multiples of occurrences which might lead one to conclude a causally-related factor.  But without the causality factor proven, what is the avenue remaining for a Postal Worker who can no longer perform one or more of the essential elements of his or her job?

The fact is that the Postal Worker today must work longer, harder, and under greater time constraints, supervision and oversight, with constant and incessant harassment from management, coworkers and customers, than anytime in the past.  The pay scale for Postal workers continues to lag behind and deepen, while the overuse and repetitive nature of the work only increases.  While newer mail processing machines are supposed to make way for greater efficiency, the muscles, joints, bones and spinal column of the Postal Worker must endure the identical strains and pressures, except at higher speeds, greater volume, and with added stress.

In a society which has seen the exponential explosion of psychiatric disabilities, including Major Depression, Anxiety, panic attacks, paranoia, schizophrenia, Bipolar disorder, and a myriad of attendant symptomatolgoies, the high pressure, high technology world without conducive interpersonal interaction and coordination between management, mid-level supervisors and the craft employees, only results in the greater devastation of the physical and psychiatric condition of today’s Postal Worker.

Federal Disability Retirement benefits, whether under FERS or CSRS, is a disability annuity which exists for the Postal employee, precisely because the particular job of the Postal Employee is one which is susceptible to a medical condition or disability.   Of course, OWCP/DOL is a compensation program which is there for the Postal employee, also, but the whole point under FECA is to try and return the injured employee back to his or her job.  But in recent years, several factors have interceded to make the Worker’s Compensation benefit an irrelevancy, if not a cruel irony played upon the Postal Worker by the gods of fate:  under the National Reassessment Program (NRP), the U.S. Postal Service no longer wants the rehabilitated Postal Worker to come back, and further, the Department of labor doesn’t want to have to keep paying the injured Postal Worker for injuries which are supposedly preventing the Postal Worker from performing all of the essential elements of his or her job.

The process of filing for, and retaining the benefits of, Federal Worker’s Compensation benefits, is one replete with constant battles with the Department of Labor.   A single refusal to do what OWCP mandates the Postal Worker to do can result in a termination of benefits.  The Postal Worker who is on the OWCP rolls is in a state of perpetual limbo – for, while the benefit itself pays a fairly decent rate (75% for those with dependents; 66 2/3% for those without) and is not taxed, one cannot work at another job while receiving such benefits.   And then there is the danger of prosecution for defrauding the Federal Government – backed by numerous cases in which hundreds of hours of videotaping edited down to a couple of minutes, showing a person performing some kind of physical task which is medically restricted.  When faced with the threat of considerable jail time, a plea bargain involving loss of benefits, forfeiture of future claims, the high cost of hiring a defense attorney, etc., is the normal course of events for the Postal Worker.

This is not only a tough job, but an unsympathetic world.  Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, is always an option for the Postal employee.  While the National Reassessment Program continues to send people home by asserting an “unavailability of work based upon a thorough review of the medical condition and the inability of the U.S. Postal Service to accommodate such medical conditions,” the attempt to throw all Postal Workers who are not able to perform 100% of the essential elements of the position onto the OWCP rolls – while it may be an effective way for the U.S. Postal Service to shed its payroll of all injured employees – is not a road to the future for the Craft Employee.

Federal Disability Retirement allows the Postal Worker two great benefits which OWCP will not offer:  A.  Flexibility to engage in another occupation while receiving a disability retirement annuity, and B.  An ability to build for the future.  Yes, OWCP benefits pays more.  Yes, OWCP benefits are non-taxable.  But if the Postal Worker of today is thinking about building a future for tomorrow, the world of limbo, of perpetual fear of someone watching (or videotaping) you; and being fearful of having some second or third opinion doctor suddenly determine that you are perfectly fit to return to full duty, is simply not in the best interests for the long term.

A Federal Disability Retirement annuity will pay 60% of the average of one’s highest three consecutive years of service for the first year, then 40% every year thereafter, until age 62.  During the time that one is receiving a Federal Disability Retirement annuity, the Postal Worker can go out and make up to 80% of what one’s former position currently pays.  Such flexibility is a foundation for a future.  Moreover, it will allow for the needed period of rehabilitative convalescence, while considering alternative options for the future.