Federal Disability Retirement: Preparation in Anticipation of the Process

Preparation in anticipation of a process, as opposed to filing the proper paperwork to receive an entitlement, constitutes a different mindset and approach.

In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, where the Federal or Postal employee may be subject to undergoing the process of the initial stage of the application, then potentially the Request for Reconsideration stage; if denied at the Request for Reconsideration Stage, then the process involves an appeal to the Merit Systems Protection Board; then, if denied at the MSPB, a Petition for Full Review, and an appeal to the U.S. Court of Appeals for the Federal Circuit. Because the entire process may involve multiple forums, the extent of support requested from the outset should be understood to potentially involve such extensive time frames and stages.

Filing for Federal Disability Retirement benefits must be understood as potentially involving the entirety of the process, and not just a single-event occurrence.

Now, as to whether to inform the treating doctor at the outset the details of such potential support needed, is another matter. Such a full disclosure may, if presented wrongly, indicate such a daunting process that no one in his right mind would want to undergo such a process. Most doctors, however, already have an inkling of what an administrative process might involve, through contact with Social Security, which is the benefit most medical doctors have been involved with.  In any event, it is important to secure the support of the treating doctor and to have the comfort of knowing that he or she will continue such support through the entirety of the process, and not abandon you halfway through it.

That is why the mindset of understanding that preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS is important to obtain from the outset, that it is a process, and not an entitlement.


Robert R. McGill, Esquire