Federal and Postal Disability Retirement: Deadlines

One of the frustrating aspects of the entire administrative process entitled, “Federal Disability Retirement” — of the whole of the engagement in preparing, formulating and filing, and then of waiting for an answer from the Office of Personnel Management — is the issue of “deadlines” imposed by the regulations, statutes and rules.  For one thing, it seems to be a unilateral imposition:  a one way street required by the Office of Personnel Management, with no requirement of deadlines of responsive timelines for the Agency, the Office of Personnel Management, or the Federal Government in general.

Thus, the 1-year statute of limitations for filing; the 30-days within which to file a Request for Reconsideration; the 30-days within which to file an appeal from a denial of a Reconsideration Request to the Merit Systems Protection Board; the time to file an appeal to the Full Board for a Petition for Review; the time requirement to file an appeal to the Federal Circuit Court of Appeals — all of these are statutory impositions and restrictions upon the Federal or Postal employee.  

Yet, where is the timeline imposed upon the Agency, the U.S. Office of Personnel Management, the MSPB, the Federal Courts, or the Federal Government in general?  It seems that the requirement of waiting and being patient is all upon the individual Federal or Postal employee, without any obligatory ancillary or concomitant requirement placed upon the agency — specifically, the U.S. Office of Personnel Management in providing a responsive decision to a Federal Disability Retirement Application, whether under FERS or CSRS.  

While all of this is true, and it may well be “unfair” in a general sense, it is merely a fact of life which must be lived with.  As the famous author, Kurt Vonnegut, Jr., famously stated in referring to the multiple absurdities of life, “So it goes…”

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Separation from Federal Service

In preparing, formulating and filing for Federal Disability Retirement benefits from the Office of Personnel Management under either FERS or CSRS, the “clock” begins to run on the ability to even file, once a Federal or Postal employee has been officially separated from Federal Service.  

By “officially separated”, does NOT mean the following:  Being on LWOP does not begin to toll the statute of limitations; the date of injury does not begin the “1-year timeline”; being away from the job does not start the clock.  What counts as the beginning of the 1-year statute of limitations is the effective date of being separated from Federal Service.  

Such separation is normally accomplished by the Federal Agency and the Postal Service by (a) resignation or (b) an initiation of a proposed removal, then a decision on the proposed removal.  In either event, the result of the action by either the Federal or Postal employee or the Agency, is the issuance of an SF 50, which reflects the personnel action performed by the Agency, effectively and officially separating the Federal or Postal employee from Federal Service.  

Recognizing and knowing the date of separation from Federal Service is important in filing for Federal Disability Retirement benefits under FERS or CSRS, precisely because you only have one (1) year from the date of separation to file for such benefits.  If you file after the date, unless you fall into a very specific and limited category of individuals, you will have forever lost your right to file for OPM Disability Retirement benefits under FERS or CSRS.  You will likely have a “deferred retirement”, but your ability to file will have been lost forever.

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

OPM Disability Retirement: Years Later, Still On the Rolls of the Agency

The Postal Service is especially guilty of this, but many other Federal (non-Postal) agencies are also “negligent” on the issue of keeping an injured worker on the rolls for years on end.

Often, such “non-existent” Federal and Postal workers receive OWCP payments, or simply go on with their lives while unofficially still a Federal or Postal employee.  Never having been separated from Federal or Postal service, such individuals are still eligible for filing Federal Disability Retirement benefits under FERS or CSRS because the 1-year statute of limitations has not been violated.

So long as a Federal or Postal employee files for Federal Disability Retirement benefits under FERS or CSRS within one year of being separated from service, you have met the statute of limitations.  If you were never officially separated from service, then your 1-year deadline never began.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: Statute of Limitation Reminder

The “end of year” and beginning of the new year is a good reminder for people, that once you are separated from Federal Service, you only have one (1) year to file for Federal Disability retirement benefits.  Furthermore, many people are separated from service right around this time, and just remember:  You can always “supplement” a Federal disability retirement application with additional medical reports, documentation, etc.; however, unless you file the necessary forms before the deadline, you cannot do anything.  The first and most important step in the process is to always file on time; thereafter, you can make other additional medical and legal arguments on behalf of your case.

Sincerely,

Robert R. McGill, Esquire