For various reasons, it is necessary to refile a case. Sometimes, an individual who has received a denial from the U.S. Office of Personnel Management, has allowed the 30-day time period to lapse, and therefore has lost the right to file for Reconsideration, or to file an appeal to the U.S. Merit Systems Protection Board.
As long as the Federal or Postal employee who has allowed for such lapse has not been separated from Federal Service, or from the U.S. Postal Service, for more than one (1) year, such refiling is perfectly acceptable. However, if a Federal or Postal employee who has been separated from Federal Service, has: (A) been separated from Federal Service for more than one (1) year, and (B) has allowed for a denial from the U.S. Office of Personnel Management to lapse for more than thirty (30) days, then such a Federal or Postal employee has forever lost his or her right to refile, precisely because the Statute of Limitations would preclude the Federal or Postal employee from refiling.
In determining whether or not to refile because the Federal or Postal employee still continues to retain the right to file again, the identical questions which one should ask in the original filing of a Federal Disability Retirement application would prevail: Do I have a supportive medical doctor? Does my medical condition prevent me from performing one or more of the essential elements of my job? Will my doctor help me prove that I can no longer perform one or more of the essential elements of my job?
In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the questions for an original filing, or in refiling, remain the same; the only change is the time that lapses, making each of us a day older, but hopefully, that much wiser.
Robert R. McGill, Esquire