Federal Worker Disability Retirement: Oh, but That Youthful Sense of Invincibility

In the beginning, that sense of potentiality was seemingly endless; while the actual constraints, whether based upon one’s own educational or intellectual limitations, or perhaps that proverbial glass ceiling of nepotism, favoritism, or exclusivity of previously-formed bonds and relationships; but ignorance can indeed be blissful, and youthful vigor and enthusiasm makes up for that lack of reality-based experience which transforms us all into crusty old men of cynical negations floating in a universe of perverse ill-will.

The world was full of hope and opportunity, and nothing could stop that bundle of positive energy, naive anticipation, and future-oriented and exhaustive optimism. Even health was of no concern.  Disabilities?  Nary a thought.  Inability to perform one or more of the essential elements of one’s job?  Not to be considered, for youthful vigor and unbounded energy could not contain the late hours and extra, unpaid dedication reflecting loyalty and meticulousness of purpose.

But at some point the reality of the human condition prevails upon us all, and the limitations of the human body, the frailty of one’s psyche after years of abuse, deliberate attacks and unfettered stresses — they take their toll. Time marches unperturbed, but the response of the human body, mind and soul is one of deterioration and decay.

Did that youth consider what benefits were part of the compensation package? Not initially. But later, Federal Disability Retirement benefits, whether under FERS or CSRS, can become an important discovery for those who are beset with a medical condition which prevents one from performing one or more of the essential elements of one’s job.

It applies to all Federal and Postal employees, whether under FERS or CSRS, and is ultimately decided upon by the U.S. Office of Personnel Management.  While such considerations may not have been thought of in one’s youth, such naive indiscretions are fortunately forgivable, and despite such thoughtlessness, the availability remains for all Federal and Postal employees to consider the option of Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: Again — Reminder as to the Statute of Limitations

I have many, many people who are on all sides of the spectrum concerning the time-line of filing for Federal Disability Retirement benefits under FERS & CSRS — people who call me 2, 3, 5, sometimes 10 years after being separated from service, saying they were never informed about the benefit of Federal Disability Retirement benefits.  Obviously, such former Federal employees cannot now (except in extremely peculiar and rare circumstances) file for Federal Disability Retirement benefits, under either FERS or CSRS. 

Then, there are those who are still “on the rolls” — those who have never been separated (normally because of the negligence or neglect of the Agency) from Federal Service, who call to ask whether they can file for Federal Disability Retirement now.  The answer is most often, Yes, and furthermore, once the disability retirement is approved, the annuitant can receive back-pay all the way back to the last date of pay.  Then, there are those who call me in a state of panic, saying that it has been almost a year after the injury; is it too late to file?  No, it is not too late, so long as it has not been over one year from the time of separation from service.  Thus, here is a reminder (again):  A Federal or Postal employee has up until one (1) year to file for Federal Disability Retirement benefits under FERS or CSRS, from the time of being separated from Federal Service — meaning, when you have been terminated from being a Federal or Postal employee, and are off of the “rolls” of the agency.  I don’t know how to make this any clearer.

Sincerely,

Robert R. McGill, Esquire