OPM Disability Retirement: Staying within the Acceptable Construct

Perspectives are funny matters:  everyone has them; some are more valid than others; in certain circumstances, the wrong perspective, however, can result in negative unintended consequences.

Thus, in a Federal Disability Retirement application under either FERS or CSRS, the Federal or Postal employee who insists upon filing collateral actions against the Agency, while concurrently filing for Federal Disability Retirement benefits, can have different and differing perspectives for each legal venue filed.  

In an EEOC action, the Federal or Postal employee can allege the multiple incidents of the workplace environment and the hostility, discriminatory actions perpetrated, etc., and the resulting damages incurred (including medical conditions suffered); in a grievance procedure, the Federal or Postal employee can assert the wrongful actions of the agency; and in a Federal Court case, claims of Agency and Supervisor misconduct and their deleterious impact upon one’s career — all of these can be filed, asserted and claimed for, while at the same time have a pending Federal Disability Retirement application with the Office of Personnel Management.  

Each can have its own unique perspective; each can assert a different quadrant of one’s mouth.  However, be aware of the danger that, if a Federal Disability Retirement application is denied at the initial stage of the process, and again at the Reconsideration Stage of the process, and is appealed to the Merit Systems Protection Board, the Office of Personnel Management is entitled to “Discovery” of such collateral procedures.  

Such evidence of collateral procedures may well lead to a potential conclusion that one’s medical condition can be characterized as “situational” — and that is a perspective which may well defeat a Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire