CSRS & FERS Disability Retirement: Statute of Limitation Reminder

Posted on December 30, 2009 by Federal Disability Retirement Attorney

The “end of year” and beginning of the new year is a good reminder for people, that once you are separated from Federal Service, you only have one (1) year to file for Federal Disability retirement benefits. Furthermore, many people are separated from service right around this time, and just remember: You can always “supplement” a Federal disability retirement application with additional medical reports, documentation, etc.; however, unless you file the necessary forms before the deadline, you cannot do anything. The first and most important step in the process is to always file on time; thereafter, you can make other additional medical and legal arguments on behalf of your case.

Sincerely,

Robert R. McGill, Esquire

Filed under: Important Cases, Legal Updates and/or the Current Process Waiting Time | Tagged: 1-year OPM disability rule, CSRS disability retirement federal attorney, deadline for former federal workers recently separated from service, don't forget the 12 months statute of limitations in usps medical retirement, federal employee removal process and one year deadline, FERS disability retirement, important deadline for federal employees under dol owcp workers comp, important deadlines for injured federal employees, important warning for disabled postal workers, making sure you don't miss the one-year time limit, One-Year Statutory Timeframe, OPM disability retirement, postal service disability retirement, reflecting on what's best for your health during these holidays, reflection, representing federal employees from any us government agency, representing federal employees in and outside the country, statutory criteria for eligibility for disability, statutory requirements in OPM disability law, this holiday season: a time to reflect on your health and financial priorities, USPS disability retirement |

« OPM Disability Retirement: The Day after Christmas, and Beyond OPM Disability Retirement: The New Year »

Seven False Myths about OPM Disability Retirement

1) I have to be totally disabled to get Postal or Federal disability retirement.
False: You are eligible for disability retirement so long as you are unable to perform one or more of the essential elements of your job. Thus, it is a much lower standard of disability.

2) My injury or illness has to be job-related.
False: You can get disability even if your condition is not work related. If your medical condition impacts your ability to perform any of the core elements of your job, you are eligible, regardless of how or where your condition occurred.

3) I have to quit my federal job first to get disability.
False: In most cases, you can apply while continuing to work at your present job, to the extent you are able.

4) I can't get disability if I suffer from a mental or nervous condition.
False: If your condition affects your job performance, you can still qualify. Psychiatric conditions are treated no differently from physical conditions.

5) Disability retirement is approved by DOL Workers Comp.
False: It's the Office of Personnel Management (OPM) the federal agency that administers and approves disability for employees at the US Postal Service or other federal agencies.

6) I can wait for OPM disability retirement for many years after separation.
False: You only have one year from the date of separation from service - otherwise, you lose your right forever.

7) If I get disability retirement, I won't be able to apply for Scheduled Award (SA).
False: You can get a Scheduled Award under the rules of OWCP even after you get approved for OPM disability retirement.

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