Federal and Postal Disability Retirement: It Is a Retirement

Federal Disability Retirement is a retirement; it is not a temporary method of compensation, and unlike OWCP under the Federal Employee’s Compensation Act (FECA), one is actually separated from Federal Service shortly after receiving an approval from the Office of Personnel Management.

Once the Federal or Postal employee obtains a Federal Disability Retirement approval, there is no “turning back” for employment or position rights; one does not have a preemptive or superior right to go back to one’s agency, anymore than a person who applies for a Federal or Postal job as a new hire.

That is why, as part of the administrative process and requirement in the filing of Standard Forms, one must include SF 3107 (for FERS disability retirement applicants) or SF 2801 (for CSRS disability retirement applicants) — the “Immediate Application for Retirement”, where much personal information is requested, including information on one’s spouse, data on health insurance, life insurance, past military service, etc.

While it is true that the Federal Disability Retirement annuity becomes recalculated and re-characterized as “regular retirement” at age 62, based upon the number of years of total Federal Service — including those years on Federal Disability Retirement (which is why switching from OWCP to OPM Disability Retirement can be beneficial in the long run, as opposed to the lesser monetary amount for the short term) — it is nevertheless a retirement in every sense of the word:  one is separated from Federal Service; one receives an annuity; there is no future expectation of rehabilitation and return to work, etc.

It is not a short-term process of rehabilitation and compensation, and therefore when the Federal or Postal employee begins to prepare, formulate, and file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, one should be fully aware that in the very term, “Federal Disability Retirement”, it is a compensatory benefit based upon three (3) factors:  It is for Federal/Postal employees; it is based upon a medical condition or disability; and it is a retirement.  As the age-old adage goes:  If it walks and acts like a duck, then it must be one.

Sincerely,

Robert R. McGill, Esquire

Federal & Postal Service Disability Retirement: Hindrances

One would think that the Human Resources Department of the Agency from which a Federal or Postal employee is attempting to file a Federal Disability Retirement application, would be a “helpful” entity.  It is indeed a baffling phenomena when one pauses and reflects upon it:  What is the purpose of the Human Resources Department?  Specifically, what existential purpose does a person serve, who has a positional designation of “Disability Retirement Specialist”?  Let me attempt to answer the question in the way it is supposed to be answer:  1.  The purpose of the Human Resources Department is to help the Federal and Postal employees of the Agency or Department of which they have been established.  2.  The person who holds the designated job entitled, “Disability Retirement Specialist” is one who, theoretically, is there to assist in any way, within the legal confines established by the Agency, in as much as possible, to help the Federal or Postal employee to finalized and complete the disability retirement packet for submission to the Office of Personnel Management.  Now, let me pose the following hypothetical:  an H.R. person calls up and says, “I cannot forward the disability retirement packet because Box Number ___ on Standard Form _____ has not been checked.”  Does this sound like the Human Resources Department is fulfilling the existential purpose for which it was established?  On the other hand, rhetorical questions are fun to ask, precisely because they are rhetorical, and allow one to expiate some build-up of frustrations on a Friday night, after a long week dealing with multiple agencies.  Have a good weekend.

Sincerely,

Robert R. McGill, Esquire