Disability Retirement for Federal Workers: When the Agency Promises…

The Federal Agency or the U.S. Postal Service for whom the Federal or Postal employee works, cannot “promise” the granting of a Federal Disability Retirement annuity.  Such promises are presumptuous and ultimately vacuous, precisely because it is on the independent agency — the Office of Personnel Management — which is the sole agency and arbiter for determining the viability, sufficiency and legal adequacy of all Federal Disability Retirement applications under either FERS or CSRS.

While agencies can be somewhat “helpful” in the processing of a Federal Disability Retirement application, it is important that if there is an ongoing collateral litigation (e.g., EEOC action; a pending parallel lawsuit; a grievance procedure invoked, etc.), that any settlement or discussion of settlement not state, infer or otherwise imply that the agency can provide the applicant with a Federal Disability Retirement annuity.  

Instead, the agency should complete certain forms consistent with the terms of any settlement; and, further, a separation from Federal Service based upon one’s medical inability to perform one’s job can invoke the Bruner Presumption, which can certainly be a plus in a Federal Disability Retirement application.  But recognizing the independence of OPM, and staying away from any appearance of “collusion” through promises that an Agency can somehow “promise” the Federal or Postal employee an approval from the Office of Personnel Management, is important to maintain.  

Agencies cannot promise a Federal Disability Retirement approval, and any such promise in a collateral source is only worth the cost of the paper it is printed upon — or, in most cases, even less.

Sincerely,

Robert R. McGill, Esquire