Disability Retirement for Federal Government Employees: Further Clarifications

In order to prepare, formulate, file and qualify for Federal Disability Retirement benefits under either FERS or CSRS, one must have a medical condition such that the medical condition prevents one from performing one or more of the essential elements of one’s job.  There are, of course, additional minimum eligibility requirements — such as the fact that one must have been a Federal employee for at least 18 months under FERS (and 5 years under CSRS — which is a moot point, obviously, because anyone who finds him/herself under CSRS already has the minimum 5 years), and further, that the medical condition must last for at least 12 months. 

The 12-month/1 year requirement often poses a puzzlement to Federal and Postal employees contemplating filing for Federal Disability Retirement benefits.  Often the question is asked whether a Federal or Postal employee must have been “out of work” for at least 1 year; or, just as often, the question of the 12 month length or duration of the medical condition will often be confused with the requirement that a Federal or Postal employee must file for Federal Disability Retirement benefits within 1 year of being “separated” from Federal Service.  Thus, the confusion often becomes coagulated to be interpreted as:  I must be separated from service and suffer from my medical condition for a year.  WRONG. 

Normally, a doctor can provide a “prognosis” when it comes to a medical condition — where the doctor “predicts”, within reasonable medical certainty, that a medical condition will last for a minimum of 12 months, 2-3 years, permanently, etc.  That is all that is required in order to meet the 12-month requirement.  One does not have to suffer for a year, or even for many months, in order to begin the process of preparing, formulating, and filing a Federal Disability Retirement application under either FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Reminder on the 1-Year Statute

Just a reminder, which is given because of continuing and repetitive questions about the 1-year statute of limitations.  Remember that those who wish to file for Federal or Postal Disability retirement benefits under FERS or CSRS must do so either (A) while a Federal or Postal employee (18 months minimum under FERS; 5 years minimum under CSRS), or (B) within 1 year of being separated from Federal Service.  By “separated” it means actually being terminated from the Federal Agency, whether by resignation or by Agency action.

The 1-year statute of limitations does not begin to toll except when you are separated from Federal Service.  Thus, being on LWOP does not begin to toll the statute; being injured or on OWCP does not begin to toll the statute.  By “toll the statute”, what is meant is that the right to file for OPM Disability Retirement benefits for FERS or CSRS employees does not begin to “count down” unless and until you are actually separated from Federal Service.  This is meant as a continuing clarification of the issue, written because of the questions which have been asked of me over the past month or so.

Sincerely,

Robert R. McGill, Esquire