OPM Disability Retirement: Conversely, the Roles to Perform

Speaking extemporaneously, or in an impromptu manner, can have dangerous consequences, precisely because it diverges from a prepared text or speech.  Comfort zones define most people.  For government agencies and Federal bureaucracies, there are “Standard Operating Procedures”, and in some ways, to adhere to an SOP provides for a fair application of a “one size fits all” approach, thereby preventing allegations of favoritism, actions tantamount to insider trading, or cronyism.

Agencies and organizations tend to react in predictable ways.  Because of such predictability, Federal and Postal employees who have had a “good” relationship with one’s supervisor or manager will often make the mistake that, in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, such a positive relationship will continue even after informing the agency that one will, has, or intends to, file for Federal Disability Retirement benefits.

But the mistake in making such an assumption is that the relationship itself necessarily contains an implicitly conditional factor:  continuation of work which benefits the supervisor or manager through a positive reflection of performance, with a greater reflection of good upon the agency as a whole.  Once that conditional element is neutralized, the benefit to the supervisor and the agency is negated, and the relationship itself becomes unnecessary, null and void.  Adversity begins to appear.  Animosity, contention and suspicion abounds.

Federal Disability Retirement by the Federal or Postal employee must be viewed as a medical necessity for the individual; but for the agency, it is like the man who attempts an impromptu remark, and finds that an action outside of the bounds of a standard operating procedure has been disallowed; it’s just that no one told me so.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: It Is a Medical Issue

If a Federal or Postal Employee is still on the rolls of the Agency, or if you have not been separated from service for more than 31 days, then the disability retirement application must be routed through your agency before being forwarded to the Office of Personnel Management for processing and review.  If you have been separated from Federal Service — meaning, you have actually been taken off of the rolls of your agency (this does include being on sick leave, or on annual leave, or on leave without pay) — for 31 days or more (but not for more than 1 year, in which case you have lost your right and ability to file for Federal Disability Retirement benefits, because you have allowed the 1-year statute of limitations to pass by), then you must file your case directly with the Office of Personnel Management in Boyers, PA.  Whether routed through your agency or directly to the Office of Personnel Management, remember that a Federal Disability Retirement application is ultimately a medical issue — not a supervisor’s issue, not an agency issue; it is not determined by your agency; your eligibility is not determined by your supervisor.  It is, essentially, and at its very core, an issue between you, your doctor, and your inability to perform the essential elements of your Federal or Postal job.

Sincerely,

Robert R. McGill, Esquire