Medical Retirement Benefits for US Government Employees: When and Whether

When one should file a Federal Disability Retirement application, whether the Federal or Postal employee is under FERS or CSRS, through the U.S. Office of Personnel Management, is a matter of individual circumstances and needs — except in the particular situation where objective timeframes impose mandatory filing.

Whether one should file or not is a similar question based upon the medical conditions one suffers from, as well as the extent of a doctor’s support for such an administrative filing — but again, the “whether” also may be mandated by necessity if a Federal or Postal Worker is approaching the 1-year mark of having been separated from Federal Service.

The general rule concerning an impending and upcoming Statute of Limitations is the following:  If the Federal or Postal Worker fails to file within 1 year of being separated from Federal Service, the ability to file will forever be blocked (with some narrow and exceptional circumstances excepting the passing of the 1-year deadline).  As such, it is better to file than not (obviously).

Further, on most issues, one can supplement a Federal or Postal Disability Retirement application later on (this is where the Federal employee applicant must be very careful in completing the SF 3112A, Applicant’s Statement of Disability); whereas no such additional pursuance of the Federal Disability Retirement matter can be advanced if one does not file on a timely basis to begin with.

When and whether to file are therefore matters of discretion — unless the Statute of Limitations is about to impose itself upon the when and the where

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Workers: The Circle of Questions and Answers

The tragedies befall frequently enough to make some correlative conclusions; of the athlete who fell short of the finish line; of the one who wanted to just make it one last time, only to become severely injured prior to completing the task; and others who become debilitated within the last 50 yards, or within the parameters of being “within reach” of the end.  This is likened to the Federal or Postal employee who has only a couple of years before full retirement.

Inasmuch as Federal Disability Retirement takes on average 8 – 10 months to obtain (from the start of the process of gathering the medical reports, records, etc., until a decision from the U.S. Office of Personnel Management), the question often becomes whether it is worthwhile filing for Federal Disability Retirement when one has come so close to the finish line.

Each case must be assessed and evaluated with the particular facts peculiar and unique to it; but questions of intelligent assessment should be applied, in order to reach an algorithm of rational conclusions:  When I reach the end (or, “if I…”), will my health be preserved enough such that I can enjoy retirement?  Is the reason why I am contemplating Federal Disability Retirement now, because I have in fact already reached the crucial flashpoint where I am no longer able to continue performing the essential elements of my job?  Is there a possibility that I will not in fact be able to endure the remaining X-number of years left before I reach full retirement?

Questions prompt answers; answers, even if preliminary and tentative, begin the process of further questioning; and so the circle of questions and answers begin to guide and resolve the issues which trouble the soul.

Sincerely,

Robert R. McGill, Esquire