Federal Government Employee Disability Retirement: “Difficult”

It is not the same as “unable to”, or even one of “incompatibility”; rather, it merely means that here are some impediments, but if one’s performance ratings are still fully successful, then it shows that — despite being “difficult” — the Federal or Postal worker is still able to perform all of the essential elements of one’s Federal or Postal job.

To qualify for Federal Disability Retirement benefits, certain legal criteria have to be met, and the mere fact that it is becoming increasingly “difficult” to satisfy that criteria does not mean that you would qualify.  Having “difficulty” doing your job, but still being able to do it, means that you are still performing all of the essential elements of your job.

If your agency thinks that you are doing a great job by giving you “fully successful” performance reviews, then where is your argument that you are unable to perform all of the essential elements of your job?  Yes, yes, I know — the question often asked is, “Do I have to end up in a wheelchair before I can file for FERS Disability Retirement benefits”?  No, not quite; but the mere fact that you are having “difficulties” doing your job, but are still doing it, may not be enough.

There is a middle ground, a “flash point” that goes slightly beyond “difficult” but somewhat before becoming wheelchair bound, where the criteria of “incompatibility” comes into play.

Consult with an attorney who specializes in Federal Disability Retirement Law, and discuss the legal ramifications of where you might be in the process of preparing, formulating and filing an effective FERS Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire