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.
Robert R. McGill, Esquire
Filed under: Resigning or Being Separated From a Federal Agency for Medical Problems or Other Reasons | Tagged: "AWOL" for medical reasons, "excessive LWOP" as ground for removal, Advanced Notice of Proposed Removal (Notice), agencies to injured workers: no jobs so resign, agency removal action and opm disability retirement, agency's reaction to your fers disability reaction, applying for disability retirement before signing that resignation letter from the postal service, compromise over a removal from service action opm disability, considerations before resigning from the us postal service, CSRS disability retirement federal attorney, fear of agency's reaction to my disability claim, federal employee removal after injury, federal employee removal due to medical conditions, federal jobs: if the underlying reason for removal is for medical reasons, FERS disability retirement, handling your resignation from the us government, how to get disqualified for opm disability benefits after separation, medical removal from federal employment, nationwide representation of federal employees, Notice of Removal against a Postal employee, OPM disability retirement, possible agency's reactions to your opm disability filing, predicting how the usps will react after I submit federal disability application, proposed removal for federal employment, proposing separation because of medical incapacity, removal for unsatisfactory performance in federal employment, removal proposal against federal employees, representing federal employees from any us government agency, resigning for OPM disability retirement, separated from service, separation and resignation issues in the federal employment sector, separation while in federal workers comp, unfair agency's actions against light duty workers, USPS disability retirement, usps removal of disabled employee, when the postal service accuses you of awol, you don’t have to resign to apply for medical disability | 1 Comment »