Long-Term Disability Retirement from Federal Government Employment: Incompatibility

It is essentially the “fourth” criteria in a Federal Disability Retirement case — the first three being, whether or not a Federal or Postal worker can show to the U.S. Office of Personnel Management a deficiency in performance, conduct or attendance.

Unfortunately, the performance-review system is often one of an afterthought — of Supervisors and Managers giving “Outstanding” or “Fully Successful” ratings for all employees just to get through the process and avoid the headache of an appeal or grievance response.

So long as the Federal or Postal worker is healthy, such favorable performance reviews are great.  However, when a medical condition hits a Federal or Postal employee, and the need arises to file for Federal Disability Retirement benefits, then that is the time that such favorable performance reviews are scrutinized and used against you by the U.S. Office of Personnel Management.

The argument goes thus: Your Agency says you are doing such a good job; so, how can you now say you cannot do your job?  It is that fourth criteria — one of incompatibility — which often forms the foundation for filing a Federal Disability Retirement application.

Contact a FERS Disability Retirement Lawyer who specializes in Federal Disability Retirement Law and begin the process of determining whether you meet the criteria to qualify for Federal Disability Retirement benefits with OPM.

Sincerely,

Robert R. McGill
FERS Disability Attorney