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.


Robert R. McGill, Esquire

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