Resigning from Federal Employment and Filing for OPM Disability Retirement

Resignation is what the adversary wants; it is rarely an innate condition of the human animal.  Whether one believes in the evolutionary process of incremental genetic adaption, progression and determinism, or that the gods of traditional theology puts forth a teleological foundation, the concept of “giving up” possesses an inherent shrinking away, a repugnance and a natural inhibitor to an act which constitutes surrender and, in some corners of thought, betrayal to self.

But the will of human beings is what separates from the genus of that which we derive; and as monks can defy instinct and sit in burning bonfires of self-immolation, and sheer determination of will-power can overcome fear, the rush of adrenaline and the propulsion of compulsive irrationality through reasoned guidance, so there may be times when resignation carries with it a compelling basis which justifies the action.

For Federal employees and U.S. Postal workers who are contemplating filing 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, the issue of resignation is often at the forefront for multiple and varied reasons:  the agency often suggests it (which, in and of itself, should not be a basis for acting, as the self-interest of the Federal agency or the U.S. Postal service should not be the paramount concern during such a time of turmoil when a medical condition is impacting the Federal or Postal employee’s ability and capacity to perform the essential elements of one’s positional duties at the Federal agency or the U.S. Postal Service); where all Sick Leave, Annual Leave and FMLA rights have been exhausted, and the inability to maintain a regular work schedule has resulted in the initiation of disciplinary actions by the agency (here, the language contained in any such action proposed by the agency or the U.S. Postal Service may be of some use in a Federal Disability Retirement application); or where other pragmatic decisions may be contemplated, such as the ability to access one’s TSP in order to financially survive during the process of waiting for a decision on a pending Federal Disability Retirement application, as well as multiple other unnamed reasons too numerous to discuss within the confines of this limited forum.

Whatever the underlying reasons and rationale, there is often an instinctive reaction, a repugnance and resistance, in engaging an act which is tantamount to surrendering one’s career and “walking away”.  There may, in the end, be compelling reasons to perform such an act, and not all actions involving resignation constitute a reflection of a desperate need.  If reviewed calmly, and decided rationally after due consideration of all of the factors and elements involved, such an act of apparent self-destruction may in fact be the most prudent course of action which perpetuates the genetically-determined embracing of evolutionary survivability, or the voice of gods long whispering in the echoing reverberations of Dante’s concentric circles of ever-impending escape from the fires of hell.

Sincerely,

Robert R. McGill, Esquire

 

Postal and Federal Disability Retirement: Resignation

Resignation is an act which is resisted, for various and complex reasons.

The strength of holding onto something; the sense that such an act would be a culmination of, and admission to, a declaration of defeat; it is often and stubbornly believed that to resist the finality of the act promulgates a validation of remaining strength to survive.

For Federal and Postal employees contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the decision not to resign allows for greater options to remain open:  the tolling of the Statute of Limitations (Federal and Postal employees have up until 1 year from the date of separation from Federal Service to file for Federal Disability Retirement benefits) will not be triggered; there is the belief that, if a Federal Disability Retirement application is filed, but is denied at all stages, the Federal or Postal employee may have the opportunity to continue to work at the Federal or Postal job; a sense that OPM will scrutinize a Federal Disability Retirement application submitted by one who has chosen to resign, in a different and more rigorous light; and multiple similar reasonings employed.

But whether for financial considerations (accessing one’s TSP), personal reasons (moving to a different location to be with family, etc.), or psychological decisions (the action itself may allow for some sense of finality and culmination of relief), sometimes it may be necessary to contemplate the act of resignation.

How such a resignation should be worded may play somewhat of a relevant part, and should be reflected upon before any final submission.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: Agency Removal & Resignation

Whether an Agency is willing to wait while a Federal or Postal employee files for Federal Disability Retirement benefits under FERS or CSRS, or if removal becomes the preferred action, is always a concern to the Federal or Postal employee.

Often, no matter what medical documentation is submitted as documentary proof of one’s inability to come to work, an Agency will insist that a Federal employee is “AWOL” because of some minutiae or technicality in the paperwork provided.  Regardless (no, I will not use the grammatically incorrect non-word, “irregardless”, which is a combined double-negative of the suffix and prefix, leaving the root word “regarding” intact, thereby making irrelevant the necessity of both the prefix and the suffix) of the Agency’s actions, it is important for the Federal or Postal employee to proceed with his or her Federal Disability Retirement application.

Attempting to predict how the agency will act or react; waiting upon an Agency’s response — ultimately, one must proceed affirmatively and not be concerned with what the Agency will or will not do.  Concurrently, however, the Federal or Postal employee should respond to an Agency’s removal actions.

Sometimes, if in fact the Agency is able to produce sufficient “evidence” to justify an adverse removal action (lack of sufficient notice; lack of medical justification submitted in a timely manner; violation of PIP provisions; violation of previously-imposed leave restrictions, etc.), an offer of resignation in order to maintain the official personnel file “clean” of any such adverse actions, is a reasonable course to take, both for the Agency as well as for the Federal or Postal employee.

More often than not, the Agency will be responsive to opening a discussion for a mutually beneficial removal based upon one’s medical inability to perform the essential elements of one’s job.  Since the same medical documentation to prove one’s medical disability retirement application should be sufficient to justify such a removal, the timing of such a removal could not be better.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: The Weekend Illusion

The problem with relying upon weekends is the imbalance of perspective which results therefrom.  

For the universal man (or woman), work constitutes a disproportionate segment of one’s “identity“, and the weekend is often a rush of activity in order to perform those chores which “need” to get accomplished, as well as to engage in some recreational activities to “recharge” one’s battery.  This cycle of work-to-weekend-to-work is acceptable for most individuals, because it allows for some leisure activities.  

For a Federal or Postal Worker who is facing a chronic, sometimes debilitating, and often progressively deteriorating medical condition, the added factor of having a medical condition which forces one to utilize the weekends to merely recuperate and return to a level of mental or physical functionality just to be able to return to work for another week, such a cycle becomes distorted and out of balance.  Such a cycle simply cannot last for very long.  Thus, Federal Disability Retirement is an option to consider.  While the monetary return is negligible (60% of the average of one’s highest three consecutive years the first year; 40% every year thereafter), it is a basis upon which one can hopefully “break the vicious cycle” of using the weekends to recuperate for the work-week.  

The universal man and woman needs time for leisure, recreation and reflective thought, and weekends must allow for such time.  For Federal and Postal workers who have a medical condition which impacts one or more of the essential elements of one’s job, OPM disability retirement under FERS or CSRS must be a consideration in order to obtain that which is necessary for long-term healing, and not just for temporary periods of recuperation.

Sincerely,

Robert R. McGill, Esquire