Federal and Postal Disability Retirement: Case Development

There are times when “waiting for a season” makes sense — as in entering a marriage relationship prior to a long engagement period for purposes of getting to better know the other person.  Or, in a FERS or CSRS Disability Retirement application, waiting as the doctor wants to establish more evidence, send the patient for a Functional Capacity Evaluation (FCE , or to see what his or her colleague or referral “specialist” has to say before rendering an opinion — these are all valid reasons to wait before formulating and finalizing a Federal Disability Retirement application from the U.S. Office of Personnel Management.

There are, of course, countervailing reasons which “balance out” such sensible bases for waiting — economic rationale; the need to file in a timely manner if the Statute of Limitations is running and the 1-year mark is quickly approaching; threats by an agency to remove the Federal or Postal employee and leaving him or her with no income, no medical insurance, and little leeway for options other than to file for Federal Disability Retirement benefits from OPM; but such balancing must be done with an intelligent approach, as timing at the outset in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, is best accomplished in order to preclude, as much as possible, the delay of time at the “back-end” of a case, by having it summarily denied at the First Stage of the process.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: “Soft” Deadlines and Opportunities

It is exasperating to observe how unilateral and “unfair” deadlines are treated for Federal Disability Retirement applications, whether under FERS or CSRS, for Federal and Postal employees.

There are, of course, the “hard” deadlines — of filing for a Request for Reconsideration (30 days — to be on the “safe” side, from the date of the letter of denial from the Office of Personnel Management); for filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management (1 year from the date of separation from Federal Service); of filing an appeal to the Merit Systems Protection Board (again, to be on the “safe” side, within 30 days from the date of the denial from the U.S. Office of Personnel Management); and similar hard deadlines.

Then, of course, there are the “softer” deadlines, of responding to the U.S. Office of Personnel Management in substantive form — of submitting additional medical documentation within 30 days, and similar such “softer” deadlines. They are “soft” deadlines only because the U.S. Office of Personnel Management will not get to one’s file and begin the process of review, evaluation and analysis until well beyond the passing of the so-called deadline.

The frustrating part of it all, of course, is that while the Federal or Postal applicant is restricted by both hard and soft deadlines, the U.S. Office of Personnel Management is oblivious and unaffected by any deadlines whatsoever. However, the optimistic viewpoint is to see the “soft” deadlines as opportunities to submit additional medical documentation, arguments, and relevant evidence, any time during the process — before, or even after, either a “soft” or a “hard” deadline comes about.

There is one exception, however: the Statute of Limitations. In that event, as the undersigned has repetitively stated, unless one meets that one particular deadline in form, there is no basis to make any substantive arguments, because the Statute of Limitations is the point of essence where form and substance coincide.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Deadlines

One of the frustrating aspects of the entire administrative process entitled, “Federal Disability Retirement” — of the whole of the engagement in preparing, formulating and filing, and then of waiting for an answer from the Office of Personnel Management — is the issue of “deadlines” imposed by the regulations, statutes and rules.  For one thing, it seems to be a unilateral imposition:  a one way street required by the Office of Personnel Management, with no requirement of deadlines of responsive timelines for the Agency, the Office of Personnel Management, or the Federal Government in general.

Thus, the 1-year statute of limitations for filing; the 30-days within which to file a Request for Reconsideration; the 30-days within which to file an appeal from a denial of a Reconsideration Request to the Merit Systems Protection Board; the time to file an appeal to the Full Board for a Petition for Review; the time requirement to file an appeal to the Federal Circuit Court of Appeals — all of these are statutory impositions and restrictions upon the Federal or Postal employee.  

Yet, where is the timeline imposed upon the Agency, the U.S. Office of Personnel Management, the MSPB, the Federal Courts, or the Federal Government in general?  It seems that the requirement of waiting and being patient is all upon the individual Federal or Postal employee, without any obligatory ancillary or concomitant requirement placed upon the agency — specifically, the U.S. Office of Personnel Management in providing a responsive decision to a Federal Disability Retirement Application, whether under FERS or CSRS.  

While all of this is true, and it may well be “unfair” in a general sense, it is merely a fact of life which must be lived with.  As the famous author, Kurt Vonnegut, Jr., famously stated in referring to the multiple absurdities of life, “So it goes…”

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: Statute of Limitation Reminder

The “end of year” and beginning of the new year is a good reminder for people, that once you are separated from Federal Service, you only have one (1) year to file for Federal Disability retirement benefits.  Furthermore, many people are separated from service right around this time, and just remember:  You can always “supplement” a Federal disability retirement application with additional medical reports, documentation, etc.; however, unless you file the necessary forms before the deadline, you cannot do anything.  The first and most important step in the process is to always file on time; thereafter, you can make other additional medical and legal arguments on behalf of your case.

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