Postal and Federal Disability Retirement: Procrastinating within the Tolling Statute

Whether by resignation or by separation by the Federal Agency or the U.S. Postal Service, the tolling of the Statute of Limitations for filing a Federal Disability Retirement application under FERS or CSRS begins — and the statute allows for filing for a Federal Disability Retirement application within one (1) year of such separation from Federal Service.

Exceptions to the rule of the Statute of Limitations are few, explicit, and rarely allowed, and have to do with mental incompetence, narrowly defined, hospitalization for mental illness, appointment of a guardianship which shows one’s inability to attend to one’s daily affairs, etc.  Thus, once the Federal or Postal employee is separated from Federal Service, one should count on filing for Federal Disability Retirement benefits within one (1) year of such separation, and not rely upon any fantasy of being granted any extension, or excused for having had periodic or episodic medical conditions preventing one from engaging in certain acts or attending to various activities.

Procrastination is a trait of luxury unique to the human animal; because animals, whether domesticated or not, have an innate sense of urgency for purposes of survivability, the ability to project into the future and delay the necessary immediacy of a present response, is an alien characteristic.  

Such an element of artifice — procrastination — would not have any meaningful foundational purpose, a “telos“, which would make any sense; except, of course, for the human condition.  Because of the complexity of the human condition — of the technological world we have created, of multiple tasks, of time, movement and being within the context of our historicity, present world and future anticipated occurrences — procrastinating has become an artificial feature of our human condition, and indeed, almost takes on an element of need for our survivability.  But in the context of a Federal Disability Retirement application under FERS or CSRS, procrastinating in filing for the benefit does one no good.

Meet the deadline by working on it steadily, steadfastly, and without delay.  Remember the dictum:  If you don’t file, you can’t argue anything; at least if you file on time, there is always a chance.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for Federal & Postal Employees: Listing the Medical Conditions (Continued…)

If an individual who has filed for Federal Disability Retirement benefits under FERS or CSRS later finds, during the process of waiting for a decision or, between the time of an initial denial and during the Reconsideration Stage or an appeal to the Merit Systems Protection Board — that a previously unlisted medical condition has worsened, can he “add” that medical condition to his Federal Disability Retirement Application?  Can he file an “amended” SF 3112A, Applicant’s Statement of Disability?  The general answer is, “No”. 

However, one can certainly submit a medical report concerning such “previously-unlisted” medical condition if one can reasonably argue that the previously-unlisted medical condition was in fact listed, right there for everyone (i.e., the Office of Personnel Management) to see.  This issue comes up often enough to be of concern, especially because of the valuable time lost in being forced to “withdraw” an application for OPM Disability Retirement and to start all over again in order to add a “new” medical condition.  To safeguard against such a potential event, it is wise to read through the multiple medical conditions when putting together an OPM Disability Retirement packet, and decide which primary diagnoses to include, and at the same time, to “weave” into the narrative of the description of medical conditions, symptoms and areas of pain which can be reasonably interpreted to encapsulate potentially underlying medical diagnoses which may later become prominent and require greater focal emphasis.

Sincerely,

Robert R. McGill, Esquire