Federal Disability Retirement: Misinformation Leading to Self-defeating Actions

The “I was told” phenomenon is pervasive in our society, where information is plentiful, and more dangerously, where the dissemination of such information, at no cost to the recipient (except for detrimental consequences resulting from reliance upon the purveyor of such vast knowledge of unsolicited tidbits), is promulgated without discretion or discriminating tastes.

It is the one aspect, of course, in which George Orwell was perhaps mistaken; for, in his book, 1984, Orwell conveys the notion that it is the societal limitation of words which will lead to restriction of knowledge.  In the modern world, however, it has become the unfettered expansion of any and all information, which has had the collateral effect upon society of engendering dangerous ignorance.

In preparing, formulating, and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important to first obtain accurate information, then to determine the relevance and applicability of such information, then to act upon it.

The “I was told” phenomena should be ignored, as such nebulous sources of information, unless verifiable, should never be relied upon.  For example:  Having an active EEO matter does not extend the Statute of Limitations in being required to file a Federal Disability Retirement application within one (1) year of being separated from Federal Service.  And another: One does not need to, and should not, wait for Social Security to make a determination in order to file for Federal Disability Retirement benefits for OPM.

Remember always that the 1-year Statute of Limitations is a “hard” limitation; there are only a limited number of exceptional circumstances which can climb over that obstacle, and one should not try to test the strength or height of that wall.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Recurring Particular Issues

Issues in life often recur repetitively without rhyme or reason; as a rule of life, it becomes true “all the more” with mistakes in life.  Thus, particular issues in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, seem to resurface regardless (I would enjoy writing “irregardless” just to irritate those who are alert enough to recognize the nonsensical nature of such a term, but I refrain) of the number of times such issues are addressed or corrected.

Three such issues are:  A.  Filing for SSDI.  Yes, it does need to be filed.  No, it does not technically need to be filed in sequence; moreover, while many Human Resources (one agency calls it “Human Capital”, which is viewed as a self-contradiction and an inside joke) offices misinform Federal and Postal workers that you have to wait for a decision of approval before filing for Federal Disability Retirement, the Federal or Postal Worker should refuse to listen to such misguided misinformation.  Technically, the only time OPM needs a receipt showing that one has filed for SSDI is at the time of an OPM approval.  However — yes, just to get it over with, you should just go ahead and file online, and print out a receipt showing that you filed, and attach it with the Federal Disability Retirement application.  B.  Time of filing:  within 1 year of being separated from Federal Service.  No, LWOP or being on sick leave does not begin to toll the 1-year Statute of Limitations.  C.  One’s medical condition must last for a minimum of 12 months.  No, you do not need to wait for 12 months and endure your medical condition.  Most doctors can provide a prognosis of the extent of your medical condition early in the process.

Don’t let the irony of life rule one’s actions.  Mistakes and misinformation abounds, but how one responds is the key to successful living.

Sincerely,

Robert R. McGill, Esquire

FERS Disability Retirement for Federal and USPS Workers: SSDI & FERS

It happens quite often.  In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, the Federal and Postal employee must file for Social Security Disability benefits (under FERS; CSRS is exempted because there is no Social Security component under the law).

While many Human Resources offices, as well as the H.R. Shared Services office in Greensboro, N.C. for the Postal Service, will assert to the Federal and Postal employee that they must “wait” until they get a decision from the Social Security Administration, the truth is that the U.S. Office of Personnel Management only needs to see a receipt showing that SSDI was filed, and this can be easily obtained online by simply completing their questionnaire, submitting it, then printing out a receipt.  Moreover, OPM only needs the receipt showing that one has filed, at the time of an approval.

By being misinformed and ill-advised, what often happens is a delay in the entire process — either that the H.R. office of an agency, or for the U.S. Postal Service, delays processing their part of the Federal Disability Retirement application, or the Federal or Postal employee is left with the misinformation and impression that he or she cannot file for Federal Disability Retirement benefits until the Social Security Administration has made a decision.

Then, of course, there are those who believe (wrongly) that they must receive a “final” decision from SSDI — meaning that after the initial denial is issued, and they have appealed the decision, they must await the results of the appeal.  This can take many months, if not years, and by that time, there is the danger that the Statute of Limitations has come and gone for filing for Federal Disability Retirement benefits.

Information is normally a neutral conglomeration of facts and issues, but can be a positive thing; misinformation, by inverse logical definition, would then be a negative thing.  More than that, reliance upon misinformation can lead to real-world consequences — ones which are irreversible.  As such, one must check and double-check the source of information, in order to ensure that reliance results in reliability.

Sincerely,

Robert R. McGill, Esquire