Tag Archives: beware of some common misconceptions about your federal employee disability rights

OWCP Disability Retirement for Federal Government Employees? Beware the Lull of Complacency

Monotony is a state of being which we often criticize, yet unintentionally seek; for it is that hiatus of quietude which allows for thoughtful reflection, and recuperative islands of serenity, which serves to prevail upon an otherwise maniacal universe of a fast-paced technological world of smart phones, email, and the constant drone of machinery and demands of the modern decalogue.

But the problems inherent with the calm of normalcy is that it serves the unwanted plate of complacency; and it is precisely the latter which then results in procrastination, a sense that things can wait until tomorrow — until that tomorrow leaves us in the throes of yesterday.

And so it is with Federal and Postal employees who remain on OWCP/Department of Labor benefits, where the luxury of being paid 66 2/3 % if without dependents, and 75% with dependents, provides for that period of life when nothing moves and everything remains static, while one attempts to recuperate from an injury or occupational disease.  But as one remains in that island of calm, the world — and time — continues to march on (do the young of today fully understand the metaphor of time in this digital age where the rhythmic constancy of a ticking clock is no longer heard?).

The Federal or Postal employee might receive a notice of separation from Federal Service, but since the OWCP payments will continue, not think twice about such mundane consequences.  But Federal Disability Retirement benefits must be filed for within one (1) year of separation from Federal Service; and when the hiatus of OWCP benefits is suddenly terminated, the world of monotony may turn upside down into one of unintended turmoil, unless a “back-up” system of benefits was applied for.

Reflective moments are a positive thing; inaction for too long, however, often results in atrophy — a state of being which is never a positive one.


Robert R. McGill, Esquire

OPM Disability Retirement: Correcting a Misconception

I will have to write an article entitled, ten mistakes people make in filing for Federal Disability Retirement benefits under FERS or CSRS.  Or, better yet, perhaps it would be helpful to point out Ten Things Federal and Postal Employees should do to prepare to file for Federal Disability Retirement under FERS or CSRS.  

In either event, in speaking to multiple individuals over the past couple of days, common and recurring misconceptions have arisen, as they inevitably do, and when such mistaken notions concerning FERS or CSRS Disability Retirement benefits — the process, the benefit itself, the legal criteria for eligibility, etc. — it is necessary to immediately correct the mistake.  

Often, the mistaken idea comes in the form of, “I read somewhere that…”  Now, assuming that the mis-statement was not read on my website or in any of my related articles; and assuming that, even if it were read by something I had written, but had instead been mis-interpreted or somehow taken out of context, the only way in which to clarify or otherwise “correct the record” is to repetitively and incessantly state and restate the correct law concerning the matter.  The point of mistaken conceptual confusion was: That in order to file for Federal Disability Retirement under FERS or CSRS, one has to be separated from Federal service.  That is simply untrue.  In fact, for obvious economic reasons, most people continue to try and work while awaiting the approval of his or her Federal Disability Retirement application.  Furthermore, if one is separated from Federal Service, he or she has only up to one (1) year to file for Federal Disability Retirement benefits under FERS or CSRS, from the time of separation.

Sincerely, Robert R. McGill, Esquire