Federal Employee Medical Retirement: The Imperfect Sequence of Filing

If the Statute of Limitations is quickly approaching for a Federal Disability Retirement application under FERS or CSRS, it is important to put aside the procrastination and delay (is that a self-contradiction — to “put aside” procrastination?) and just file the basic forms.  An imperfect filing of a Federal Disability Retirement application is better than no filing at all.  

As has been often stated and restated in previous blogs and articles, one cannot make a substantive argument for a Federal Disability Retirement case (let alone even a non-substantive argument) if one does not first meet the minimum criteria of eligibility by filing a Federal Disability Retirement application in a timely manner.  

The Office of Personnel Management will inform the Federal or Postal worker who files an imperfect Federal Disability Retirement application, of the “missing” items and forms which were not filed, and allow for thirty (30) days to correct the imperfect filing.  This is certainly preferable, however, to not filing at all, and missing the deadline and trying to argue with the Office of Personnel Management the reasons why you did not file on time (actually, there will be no “argument” per se — only silence and being ignored as irrelevant and non-existent).  

Thus, whatever the reasons might be — haven’t received all of the medical reports; the former agency has not returned the Supervisor’s Statement or SF 3112D; haven’t filed for SSDI yet and received a receipt; haven’t …   It doesn’t matter.  What matters is to file the three (3) basic forms on time (SF 3107 or 2801, Application for Immediate Retirement; Schedules A, B & C; and SF 3112A, Applicant’s Statement of Disability).  

Once filed, you have the basis to argue for an approval.  Without having filed, the void, vacuity and silent nothingness of nonexistence will overwhelm the ticking clock which reminds one that the tolling of the Statute of Limitations has come and passed.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Last Minute Filings

There are multiple reasons why a Federal or Postal employee might wait to file for Federal Disability Retirement benefits under FERS or CSRS until the last minute — waiting because __________ (anyone may fill in the blank).  Whatever the reason, if the time has come to file, and there are only a couple of weeks left, then it is time to stop looking for various reasons why any further time should be wasted in order to file for the benefit.  Yes, a Federal Disability Retirement case can be prepared within a couple of weeks and filed.  Will it be the best packet?  Probably not.  Can the packet be supplemented later on?  Yes, if it is prepared in a certain way to allow for some flexibility.  Just remember, however, that if the deadline for filing passes, then there is absolutely no chance at obtaining the benefit.  A Statute of Limitations is just that — once it has come and gone, one is legally precluded from ever filing in the future.  One must file on time; otherwise, no amount of supplementation of the original packet will be allowed.  And, by the way, do not rely upon any “exceptions” to the Statute of Limitations.  Reliance on a long-shot is rarely the wisest thing to do.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: Again — Reminder as to the Statute of Limitations

I have many, many people who are on all sides of the spectrum concerning the time-line of filing for Federal Disability Retirement benefits under FERS & CSRS — people who call me 2, 3, 5, sometimes 10 years after being separated from service, saying they were never informed about the benefit of Federal Disability Retirement benefits.  Obviously, such former Federal employees cannot now (except in extremely peculiar and rare circumstances) file for Federal Disability Retirement benefits, under either FERS or CSRS. 

Then, there are those who are still “on the rolls” — those who have never been separated (normally because of the negligence or neglect of the Agency) from Federal Service, who call to ask whether they can file for Federal Disability Retirement now.  The answer is most often, Yes, and furthermore, once the disability retirement is approved, the annuitant can receive back-pay all the way back to the last date of pay.  Then, there are those who call me in a state of panic, saying that it has been almost a year after the injury; is it too late to file?  No, it is not too late, so long as it has not been over one year from the time of separation from service.  Thus, here is a reminder (again):  A Federal or Postal employee has up until one (1) year to file for Federal Disability Retirement benefits under FERS or CSRS, from the time of being separated from Federal Service — meaning, when you have been terminated from being a Federal or Postal employee, and are off of the “rolls” of the agency.  I don’t know how to make this any clearer.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: The Decision (Again)

Yes, it is a difficult decision to make — to come to terms with filing for Federal Disability Retirement under FERS or CSRS.  It makes it all the more difficult when individuals wait until the last possible minute before calling up the attorney (me) to file for Federal Disability Retirement benefits.  There have been a few times in the past (very few) when I simply could not take on a case with only a week left before the Statute of Limitations runs out.  The only thing I can do at that point is to identify which forms to fill out (however imperfectly), and give the fax number and the address to Boyers, PA for the individual to file. 

Remember the important point:  You can always make factual, medical and legal arguments after you have filed; you cannot make any arguments if you have failed to file on time.  Of course, it comes with the territory — as an attorney who exclusively represents Federal and Postal employees to obtain disability retirement benefits (there are many attorneys who practice Federal Disability Retirement law as one aspect of a larger practice which includes other areas of Federal Employment law), I understand how intertwining the medical condition is, with the anxiety and stress of filing for Federal Disability Retirement benefits, and how procrastination is often part and parcel of the medical condition itself.  At the same time, however, I take pride in doing a good job; I like to service my clients; I like to see the successful outcome.  As such, I am reluctant to take on cases where there is very little time to file.  I have, and will, take on cases where the Statute of Limitations is about to run out, but there must be at least some time left.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Last Minute Filing

Too often, I receive calls from Federal and Postal employees (or rather, formerly thereof) who have waited until the very last conceivable moment to file for Federal Disability Retirement benefits under FERS & CSRS.  Yes, I realize that time erodes away slowly, almost imperceptibly, and all of a sudden it is an emergency.  Can a case be put together within a couple of weeks?  Yes.  Is it best to wait until the very last minute?  No.  Remember that all Federal and Postal employees only have up until one (1) year from being separated from Federal Service, to file for Federal Disability Retirement benefits.  But life happens; time slips away; what was once 6 months is now only 30 days, or perhaps 2 weeks. 

I may have told this story before, but here goes:  On the desk of a civil clerk in a local County Courthouse, is a sign which reads:  “The fact that you procrastinated does not make your filing my emergency”.  That is essentially true; however, whenever I get calls by panicked individuals who have failed to use the 1-year Statute of Limitations wisely, in most cases, I have been able to properly put the case together, and file it on an emergency basis.  In such circumstances, adaptation is the key:  some things need to be filed later, but the essential forms to meet the deadline must be immediately filed.  There are very few true emergencies in life, and most cases can meet the deadline — no matter how much the Federal or Postal Employee has procrastinated.  However, it is better not to wait until tomorrow, that which can be done today. 

Sincerely,

Robert R. McGill, Esquire