Postal and Federal Disability Retirement: Resignation

Resignation is an act which is resisted, for various and complex reasons.

The strength of holding onto something; the sense that such an act would be a culmination of, and admission to, a declaration of defeat; it is often and stubbornly believed that to resist the finality of the act promulgates a validation of remaining strength to survive.

For Federal and Postal employees contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the decision not to resign allows for greater options to remain open:  the tolling of the Statute of Limitations (Federal and Postal employees have up until 1 year from the date of separation from Federal Service to file for Federal Disability Retirement benefits) will not be triggered; there is the belief that, if a Federal Disability Retirement application is filed, but is denied at all stages, the Federal or Postal employee may have the opportunity to continue to work at the Federal or Postal job; a sense that OPM will scrutinize a Federal Disability Retirement application submitted by one who has chosen to resign, in a different and more rigorous light; and multiple similar reasonings employed.

But whether for financial considerations (accessing one’s TSP), personal reasons (moving to a different location to be with family, etc.), or psychological decisions (the action itself may allow for some sense of finality and culmination of relief), sometimes it may be necessary to contemplate the act of resignation.

How such a resignation should be worded may play somewhat of a relevant part, and should be reflected upon before any final submission.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: To Resign, or Not

The question of whether a Federal or Postal employee should (or should not) resign from the job is one which cannot be answered in a vacuum.  Various considerations should be taken into account, but generally speaking, the rule of thumb which the undersigned writer poses in any circumstance is:  What is the compelling reason to do so, such that by resigning, one triggers the Statute of Limitations on filing for Federal Disability Retirement?

Certainly, there are dire circumstances which may necessitate a resignation: being able to access TSP funds because one cannot work because of one’s medical conditions, and one has no other means of support during the process; a pending non-medical adverse action which cannot reasonably be argued against, which may collaterally impact a Federal Disability Retirement application, with a settlement choice to resign for “medical reasons”; and some similar factual scenarios which may indeed warrant and dictate a resignation.

On the other hand, by remaining on the rolls of the Federal sector job, there are multiple advantages which may unfold for the future, including the assertion of the Bruner Presumption when the Federal Agency realizes that the Federal Disability Retirement package clearly shows an inability to perform one or more of the essential elements of one’s job and proceeds to remove the Federal or Postal worker based upon the medical inability to perform; a lack of triggering the Statute of Limitations, thereby extending the timeframe for multiple future attempts in filing for Federal Disability Retirement benefits; and other issues which need to be considered.

Resignation is an event of certainty, with no reversal; and in all such certainties, it should be done only if compelled by circumstances, facts and considered thoughtfulness.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Service Disability Retirement: After Separation from Service

It should be well established for anyone who has looked into Federal Disability Retirement issues, that a person has one (1) year from the time of separation from Federal Service to file for Federal Disability retirement benefits.  Separation from Federal Service can take many different forms:  Resignation; separation for cause; administrative separation based upon one’s medical inability to perform one or more of the essential elements of one’s job; etc.  The latter of these delineated forms (separation for medical inability to perform) is obviously the most beneficial to one contemplating filing for Federal Disability Retirement (first and foremost because it allows for the Bruner Presumption to be applied). 

On the other hand, separation based upon a resignation is often neutral for issues concerning disability retirement (unless, of course, one has been foolish to put into his or her letter of resignation that the reason for the resignation is to go and become a professional poker player for the next year — but even then, if a medical condition existed prior to resignation, one might still be eligible for disability retirement benefits under FERS or CSRS); and, obviously, if the resignation was accompanied by a medical reason, and that particular medical reason was reflected in the SF 50, all the better.  Even separation for adverse actions — if there was a medical condition which existed prior to separation — can be explained away and fought for.  The point here is, regardless of the nature, reason and expressed rationale for separation from service, if a medical condition existed prior to separation from service, such that the medical condition prevented one from performing one or more of the essential elements of one’s job, there is a viable basis for filing for, and fighting for, Federal Disability Retirement benefits under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

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