Medical Retirement Benefits for US Government Employees: Termination

Termination for the Federal or Postal employee should generate an administrative personnel action reflected in an SF 50 or PS Form 50, showing the date of the action, the nature of the issuance and the reason for the administrative process which is initiated and culminated.  Without it, technically no such action occurred.  However, there are cases where such a form has not been produced.

Further, such a personnel initiation is rarely issued in a vacuum; for a Federal employee to be terminated, there are certain procedural hurdles which are normally provided — an issuance first of a proposed termination, and the basis for such a personnel action, and one to which the addressee has a right to respond to within a specified period of days or weeks.  Thereafter, consideration must be given by the Agency in the response, whether verbal, written or both, given by the Federal or Postal employee.

Subsequently, when a termination is effectuated, an SF 50 or a PS Form 50 will be generated.  From that date of termination, the Federal or Postal employee has up to one year to file for disability benefits.

If such filing occurs after 31 days of the official termination date, then the application for Federal Disability Retirement benefits must be submitted directly to the U.S. Office of Personnel Management in Boyers, PA.

If prior to 31 days, it can be processed through one’s former agency — although, such a filing should be carefully monitored, as one’s former agency may not process it with any urgency, and in the event that it is not forwarded to OPM within the other 11 months and some-odd days left, there will be a question as to whether it was timely filed at all.

Sincerely,

Robert R. McGill, Esquire

Early Retirement for Disabled Federal Workers: Timing Is Always Critical

Timing has to do with the appropriateness of an action within the proper context, before a chosen audience, in accordance with customs and the historical pretext which forms that coalescence of circumstances.  Much of one’s actions are simply to rush in order to complete the task.  But the completion of a task, if ignored in the context of audience, timing, and event, may well result in mere completion, without any resulting effectiveness.

Thus, in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the Federal or Postal employee must attempt to optimize every opening, every available opportunity, to take advantage of the proper timing in preparing a case, formulating the case, and filing it — at each stage of the administrative process.

Sometimes, timing of course must incur the chaos of rushing — as in meeting the 1-year Statute of Limitations in filing a Federal Disability Retirement application.  Other times, however, such as responding to a Request for Reconsideration, or to a Medical Questionnaire, requires an appropriate consideration of “when” to file the medical information, the updated medical report, etc.  Further, in the context of today’s reality, where the Office of Personnel Management is presently behind in its review of Federal Disability Retirement applications, there is the question of when “best” the time is to submit additional & updated documentation, whether it is a received approval from SSDI or other persuasive documentation.

Experience alone will often determine knowledge of timing; that is why old men nod with knowing smiles at youth, where time is wasted upon unnecessarily expended energy and enthusiasm.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: The Imperfect Sequence of Filing

If the Statute of Limitations is quickly approaching for a Federal Disability Retirement application under FERS or CSRS, it is important to put aside the procrastination and delay (is that a self-contradiction — to “put aside” procrastination?) and just file the basic forms.  An imperfect filing of a Federal Disability Retirement application is better than no filing at all.  

As has been often stated and restated in previous blogs and articles, one cannot make a substantive argument for a Federal Disability Retirement case (let alone even a non-substantive argument) if one does not first meet the minimum criteria of eligibility by filing a Federal Disability Retirement application in a timely manner.  

The Office of Personnel Management will inform the Federal or Postal worker who files an imperfect Federal Disability Retirement application, of the “missing” items and forms which were not filed, and allow for thirty (30) days to correct the imperfect filing.  This is certainly preferable, however, to not filing at all, and missing the deadline and trying to argue with the Office of Personnel Management the reasons why you did not file on time (actually, there will be no “argument” per se — only silence and being ignored as irrelevant and non-existent).  

Thus, whatever the reasons might be — haven’t received all of the medical reports; the former agency has not returned the Supervisor’s Statement or SF 3112D; haven’t filed for SSDI yet and received a receipt; haven’t …   It doesn’t matter.  What matters is to file the three (3) basic forms on time (SF 3107 or 2801, Application for Immediate Retirement; Schedules A, B & C; and SF 3112A, Applicant’s Statement of Disability).  

Once filed, you have the basis to argue for an approval.  Without having filed, the void, vacuity and silent nothingness of nonexistence will overwhelm the ticking clock which reminds one that the tolling of the Statute of Limitations has come and passed.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Statute of Limitations

In filing a Federal Disability Retirement application with the Office of Personnel Management, whether under FERS or CSRS, one must file within one (1) year of being “separated from service”.  That is what is often referred to as the “statute of limitations” — a limit placed upon the ability of a Federal or Postal worker to file for a claim, based upon pragmatic policies of making sure that a claim is “recent” enough to allow for evidence which is neither stale nor outdated.

There is sometimes a level of confusion as to what it means to be “separated from service”, and it often appears that such confusion arises from mixing issues with other administrative claims.  Thus, OWCP/FECA has its own sets of rules; Social Security has its own set of rules, etc.  For Federal Disability Retirement applications under FERS or CSRS from the Office of Personnel Management, to be “separated from service” and thus to trigger the 1-year timeframe, means that a Federal or Postal worker is terminated, taken off the rolls, and an SF 50 and PS Form 50 needs to be issued showing that a person has been effectively separated from Federal Service.

For Postal Workers, a good indication that this action has been effectuated is when one stops received the “0”-balance paystubs.  Further, one must remember that, once separated from the Agency, after 31 days or more of such separation, any Federal Disability Retirement application must be filed directly with the Office of Personnel Management.  Filing with the Agency after the 31 day period and waiting for them to process the case, and relying upon them to forward it to OPM may result in a case simply sitting on someone’s desk…until the year has run out.

Sincerely,

Robert R. McGill, Esquire

 

Postal and Federal Disability Retirement: Periodic Clarifications

Clarifications are needed to be periodically made, based upon questions which Federal and Postal employees continue to ask.  There is often a confusion concerning the “one year” issue — whether it concerns the Statute of Limitations in filing a Federal Disability Retirement application under FERS or CSRS, or the length of time a medical condition must last. 

A Federal or Postal employee must file a Federal Disability Retirement application under FERS or CSRS within one (1) year of being separated from one’s Agency.  The confusion often arises because a Federal or Postal employee is unsure of whether or not such separation from service has actually occurred.  Especially for Postal employees, where the U.S. Postal service will often continue to keep a Postal employee “on the rolls” despite having been on OWCP for many years, the confusion can be understandable.  However, one indicator is that if a Postal employee is continuing to receive zero-balance pay stubs, then in all likelihood that Postal employee has not yet been separated from service, and the 1-year tolling of the Statute of Limitations has not yet begun. 

Because obtaining an approval from the Office of Personnel Management on a Federal Disability Retirement application can take an extraordinary amount of time, however, it is wise to begin the process sooner, rather than later, whether one has been “officially separated” from service or not.  For Federal employees, an SF 50 (Personnel Action) form would systematically be issued showing that a Federal employee has been separated from Federal Service. 

As for the 1-year issue concerning the extent of a medical condition, we will address that issue at another time.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: OWCP Disability & OPM Disability

A good indicator that an individual is on OWCP Disability, and not on OPM (Office of Personnel Management) Disability, is that the Federal or Postal employee did nothing other than to file a “CA” form.  Further, OWCP Disability is granted for occupational diseases, or for injuries sustained while “on the job”.  Another indicator (an important one) is that, in order to file for Federal Disability Retirement benefits under FERS or CSRS, multiple forms must be filled out, including:  Application for Immediate Retirement; Applicant’s Statement of Disability; a Supervisor’s Statement; and multiple other forms.  

The term “disability” is often thrown about in confusing ways, such that a person who is on “disability pay” or “on disability” may think that one has filed for Federal Disability Retirement benefits under FERS or CSRS.  The confusion is an important one to recognize, because a person who is eligible and entitled to file for Federal Disability Retirement benefits under FERS or CSRS must do so either while a Federal or Postal employee, or within 1 year of being separated from Federal Service.  If a Federal or Postal employee fails to file within the statutory timeframe, he or she will lose this benefit forever.  That is why it is important to make a distinction between “OWCP Disability” and “OPM Disability”, precisely because while one is on OWCP Disability, one should also probably be considering filing for OPM Disability Retirement benefits at some point.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: The Repetitive Reminder

Remember that a FERS & CSRS Disability Retirement application must be filed within one (1) year of being separated from Federal Service.  For some odd reason, there is still some prevailing misconception that the 1-year Statute of Limitations begins from either (a) the date of the onset of an injury, (b) from the date one goes out on LWOP, Sick Leave, or some other administrative leave, or (c) from the date that one is no longer able to perform the essential elements of one’s job — or (d) some combination of the three previous dates.

Whether from confusion, misinformation from the Agency, misinterpretation of what information is “out there” or some combination of all three, the Statute of Limitations in filing a Federal Disability Retirement application under FERS or CSRS is one (1) year from the date that a Federal or Postal employee is separated from his or her agency, or from the Postal Service.  Inasmuch as a Federal Disability Retirement application under FERS or CSRs will often taken 6 – 8 months (minimum) to get a decision from the First Stage of the process, it is a good idea to get started earlier, rather than later.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement Benefits for Federal & Postal Employees: Which Medical Conditions to List

I am often asked that question — will all medical conditions be listed?  What happens if a medical condition is not listed, but later develops into something serious?  That is the essence of the problem of the unlisted medical condition, of course.  In a FERS or CSRS Federal Disability Retirement application, once the packet is submitted to the Office of Personnel Management and a CSA Number is assigned to it, you are precluded from amending the Applicant’s Statement of Disability by adding further medical conditions.

Thus, the problem in not listing a medical condition (or a symptom thereof) can have exponential significance.  In such a situation, one option would be to withdraw the Federal Disability Retirement application and resubmit it anew.

The loss of time involved, however, is one obstacle which often makes an applicant pause at such a drastic step.  Another problem — one which cannot be overcome — is if you have filed within the statutory timeframe, but the 1-year of separation occurs after you filed your application for Federal Disability Retirement under FERS or CSRS.  In that hypothetical, you are “locked in”, because you cannot withdraw your application.  To do so would leave you with no avenue to “refile”, because the 1-year statute has already passed and precludes you from filing again.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Reminder on the 1-Year Statute

Just a reminder, which is given because of continuing and repetitive questions about the 1-year statute of limitations.  Remember that those who wish to file for Federal or Postal Disability retirement benefits under FERS or CSRS must do so either (A) while a Federal or Postal employee (18 months minimum under FERS; 5 years minimum under CSRS), or (B) within 1 year of being separated from Federal Service.  By “separated” it means actually being terminated from the Federal Agency, whether by resignation or by Agency action.

The 1-year statute of limitations does not begin to toll except when you are separated from Federal Service.  Thus, being on LWOP does not begin to toll the statute; being injured or on OWCP does not begin to toll the statute.  By “toll the statute”, what is meant is that the right to file for OPM Disability Retirement benefits for FERS or CSRS employees does not begin to “count down” unless and until you are actually separated from Federal Service.  This is meant as a continuing clarification of the issue, written because of the questions which have been asked of me over the past month or so.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Why Up to 1 Year?

In filing for Federal Disability Retirement benefits under FERS or CSRS, why should a person be given up to 1 year after separation from Federal Service, to file for the benefits?  The underlying legal rationale can be conflicting, but there are multiple pragmatic reasons why such a statute allowing for a person to file for Federal Disability Retirement benefits up to 1 year after separation from service, is “reasonable” and “sound in judgment”. 

Often, Federal and Postal employees get fired before the proper forms or medical documentation can be completed or gathered; proposed terminations and determinations on the proposals can come about quickly; a Federal or Postal employee who is focused upon getting treatment (surgery; psychiatric treatment, etc.) can be left with a sense of being overwhelmed, and incapable of filing for a benefit which requires rational thought, procedural organization, and an ability to be systematic in approaching the entire process; a person may not fully comprehend or appreciate the extent of a medical condition, and may quit, resign, or file for early retirement with a lesser annuity, feeling isolated and beset with a sense of hopelessness in not “having any other choice” but to walk away from the Federal or Postal job he or she loved; suffer from a Reduction-in-Force (RIF), and think that because of the RIF that disability retirement was not an option (it often is); and many other reasons.  Indeed, there is a rational and logical basis for allowing for the 1-year timeframe of filing for Federal Disability Retirement benefits under FERS or CSRS, after the Federal or Postal worker has been removed or separated from Federal Service.  On top of it all, to allow for it is simply “fair”.

Sincerely,

Robert R. McGill, Esquire