Federal Employee Medical Retirement: The Last-Minute Application

If one fails to file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management (i.e., the Statute of Limitations for all Federal and Postal employees in filing a Federal Disability Retirement application, whether under FERS or CSRS, is 1-year from the time of separation from Federal Service) within the time prescribed, then one cannot make any legal arguments or supplement one’s case — precisely because the Federal or Postal (former) employee has failed to meet the minimum statutory deadline.

However, once filed, the case can be supplemented and “added to”; additional evidentiary documentation may be submitted; but amendment to the Federal Disability Retirement application will be severely limited, because you cannot withdraw the application in order to change it — if the withdrawal is effectuated after the 1-year Statute of Limitations passes.  This is because the Federal or Postal Disability Retirement applicant is restricted by the rules governing SF 3112A, where one cannot “add to” the list of diagnosed medical conditions once it is received by OPM (although there are ways to characterize such identified conditions to somewhat circumvent the restrictions).

Sometimes, because of the medical condition itself, or for unforeseen circumstances which are beyond the physical, emotional or cognitive control of the potential applicant for Federal Disability Retirement, such procrastination is simply a fact which must be dealt with.  Whether the day before the 1-year cut-off, or 10 months before, once filed, at least the Federal or Postal employee will have the opportunity to make legal arguments, and for the most part, the ability to supplement his or her case.

It is only if it is NOT filed on a timely basis, that such additional activity will then be precluded.  Thus, the obvious rule:  File before the deadline.

Sincerely,

Robert R. McGill, Esquire

Early Retirement for Disabled Federal Workers: Agency Pressures

Agencies have an inherent, built-in mechanism to pressure the Federal or Postal employee to quickly file for Federal Disability Retirement benefits from the Office of Personnel Management, and indeed, often the Human Resources Department will pressure the Federal employee to prepare, formulate and file the application for Federal Disability Retirement benefits in an expedited manner.  

This can be both a positive thing, as well as contain some negative consequences.  Ultimately, the self-interest of the Agency is in vacating the position presently being held by a non-productive (or so it is viewed and thought) dead-weight, in order to have it filled by someone else for the efficiency of the service.  

This is not to say that there are not some compassionate, empathetic H.R. Personnel, or Supervisors or others in the Agency who are attempting to “fast-track” a Federal Disability Retirement application in order to look out for the best interests of the Federal or Postal Employee.  There are some good people.  But the balance of alternatives must always be weighed between filing something quickly, and doing it properly and thoroughly.  

Pressure from the agency should not be the primary basis of one’s response; obtaining the proper medical documentation, the doctor’s reports, and carefully preparing the Applicant’s Statement of Disability in order to increase the chances of success at the Initial Stage of the Application for Federal Disability Retirement with the Office of Personnel Management, should always be the paramount and first order of consideration.  

Each entity has a self-interest; making sure that one’s own self-interest is properly looked after, is the first order of business in preparing, formulating and filing a Federal Disability Retirement application under either FERS or CSRS, from the Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire