Medical Retirement Benefits for US Government Employees: When and Whether

When one should file a Federal Disability Retirement application, whether the Federal or Postal employee is under FERS or CSRS, through the U.S. Office of Personnel Management, is a matter of individual circumstances and needs — except in the particular situation where objective timeframes impose mandatory filing.

Whether one should file or not is a similar question based upon the medical conditions one suffers from, as well as the extent of a doctor’s support for such an administrative filing — but again, the “whether” also may be mandated by necessity if a Federal or Postal Worker is approaching the 1-year mark of having been separated from Federal Service.

The general rule concerning an impending and upcoming Statute of Limitations is the following:  If the Federal or Postal Worker fails to file within 1 year of being separated from Federal Service, the ability to file will forever be blocked (with some narrow and exceptional circumstances excepting the passing of the 1-year deadline).  As such, it is better to file than not (obviously).

Further, on most issues, one can supplement a Federal Disability Retirement application later on (this is where the Federal or Postal applicant must be very careful in completing the SF 3112A, Applicant’s Statement of Disability); whereas no such additional pursuance of the Federal Disability Retirement matter can be advanced if one does not file on a timely basis to begin with.

When and whether to file are therefore matters of discretion — unless the Statute of Limitations is about to impose itself upon the when and the where

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: To File or Not to File

The famous Shakespearean refrain is from Hamlet’s soliloquy, and concerns the choices of one’s life, of comparative analysis of meaning, value and purpose; but ultimately it is a question of choices — akin to Camus’ evocative essay in The Myth of Sisyphus.  Choices are what confront us daily; and some, unless we opt to proactively pursue the right path, are lost forever.

For the Federal or Postal Worker who has been separated from Federal Service, the angst of filing often prevents them from choosing.  But with a legal Statute of Limitations barring the Federal or Postal worker from filing after one (1) year of being separated from Federal Service, it is at a minimum important to file, than not to, in order to preserve the right to potential eligibility of benefits.

Not to file within the deadline bars the Federal and Postal employee from ever making an argument, ever seeing whether one is eligible for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS; by filing within the deadline of one (1) year, one can always likely supplement one’s case, make further arguments, reinforce one’s case after the deadline; but if one fails to file within the statutory deadline, then one is silenced forever.

The choice of Hamlet is indeed a stark one, and one which Camus reiterated as one of “why” in facing the existential reality of survival; for Federal and Postal workers who face a statutorily-imposed potential for being barred forever, a similar encounter with reality must be faced:  to file or not to file.  Only the former choice makes sense, while the latter option propels one into the great void of nothingness and nihilism — a state of non-existence which one should never choose.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: A Hypothetical

The case-law opinions from the U.S. Merit Systems Protection Board, as well as from the U.S. Court of Appeals for the Federal Circuit, upholds the statement added onto Question 4 of Standard Form 3112A, the form which specifically requests the Applicant’s statement of disability, which asserts:  “We consider only the disease and/or injuries you discuss in this application”.

Failure to identify a particular medical condition can have an adverse impact upon one’s application for Federal Disability Retirement benefits.

Take the following hypothetical: a Federal or Postal employee is terminated from Federal Service; he or she files for Federal Disability Retirement benefits within one (1) year of being separated from service.  While the Statute of Limitations has already been met because the filing has occurred within the 1-year timeframe, during the process of awaiting a decision from the U.S. Office of Personnel Management, the treating doctor has diagnosed with greater specificity the primary and underlying cause of the medical condition.

In his or her haste to file, the (now former) Federal employee quickly noted the diagnosed medical conditions in response to question 4, but nowhere is there an indication of the newly-diagnosed medical condition.  During the wait, it is now more than 1 year from the time of separation.  The quandary:  The Federal Disability Retirement application cannot be withdrawn, because the 1-year Statute of Limitations has already passed, and so he or she is no longer able to re-file.  No additional medical conditions can be added onto the SF 3112A.

Is there a problem? The answer:  Under this hypothetical, potentially yes.

Even if OPM approves the case, there may be future difficulties if OPM approves the Disability Retirement application based upon a medical condition listed, but resolved.  Care in identifying and properly annotating the medical conditions must be taken in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire