OPM Disability Retirement Law: Agency Adverse Actions

Calamities coalesce in concurrent coordinated couplings; often enough in life, when one action is engaged, another follows in reactive reflection.

For the Federal employee or U.S. Postal worker who has a medical condition, such that the medical condition impacts one or more of the essential elements of one’s job, the necessity to, or mere hint of the need to, file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, often invokes a concurrent action on the part of the agency.

Whether such actions are mere coincidences (unlikely); retaliatory (a good chance); or deliberatively intentional (often enough) is anyone’s guess.  Trying to figure out the underlying motivation of agencies is merely a waste of one’s valuable time; what to do with the agency’s adverse actions, is the more productive approach to embrace.

The argument that finds some precedence for OPM in arguing against a Federal Disability Retirement case, is that somehow the Federal Disability Retirement application was merely a pretense to avoid termination, and thus is somehow invalidated.  But, in fact, the reverse can be argued as well:  Because of the medical condition, the agency’s adverse actions reflect the poor performance, the excessive taking of SL, LWOP, etc., and irrefutably confirms the validity of the Federal Disability Retirement filing.

What the agency’s adverse action states; how it is characterized; what surrounding correspondence exists; and the extent of one’s medical documentation around the time of the agency’s actions, and prior to, are all important components in preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

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