Identifying the Right Bridge to Reach Your Destination: Federal Employee Disability Retirement

When considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS or CSRS, the natural inclination is to ask the seemingly primary question of: Does medical condition-X qualify as a disability? But such a question is in actuality secondary; it is the reverse-order and counterintuitive process which is often confusing for the Federal and Postal Worker who is contemplating filing for Federal Disability Retirement benefits.

The primary question, making the previously-stated questions secondary, is to ask: Does medical condition-X prevent one from performing one or more of the essential elements of one’s job?  By inverting the primary-secondary sequence, one can then attain a better level of understanding as to the administrative process of filing for Federal Disability Retirement benefits.  Further, such a switch in sequence of questions-to-answers allows for an important paradigm shift.  For, in the very asking of the proper question, one can reach a level of understanding to such a stage of comprehension that the question almost answers itself.

Medical conditions in and of themselves do not necessarily qualify the Federal or Postal Worker who is otherwise age or service-eligible for Federal Disability Retirement benefits; it is the nexus which must be established between one’s position and the medical conditions one suffers from.  It is the crossing of that bridge which will reveal the extent of success or failure in attempting to go down this path; but first, the Federal or Postal Worker must correctly identify which bridge to cross, before even starting the long and arduous trek of filing for Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire

Early Retirement for Disabled Federal Workers: Essential Elements

In preparing, compiling, formulating and filing a Federal Disability Retirement application under FERS or CSRS, one must prove by a preponderance of the evidence (a legal standard which has been set by statute) that a Federal or Postal worker who has a minimum of 18 months of Federal Service (under FERS) or 5 years (under CSRS) suffers from a medical condition such that the medical condition prevents one from performing one or more of the essential elements of one’s particular kind of job. 

The concept of “essential elements” is variously defined and expanded upon by court cases, but one way to identify the “core elements” of a particular job is to review the position description, and to extrapolate from the official description of the job.  Another place, of course, is the Agency’s performance review, which will often identify the core elements. 

One should never overlook the obvious, in addition to that which is identified in the position description — the fact that one is required according to the position to work full time; to be “on site” for many jobs (thereby precluding tele-commuting as a viable permanent accommodation); and certain other inherently obvious elements which are often mentioned in passing — such as sitting for long periods of time (a sedentary position); being required to stand or walk for extended periods of time; and other such “essential elements” which make up a position, and are inherently required by the very nature of the job.  Those “obvious” but often unmentioned essential elements are notable for the fundamental requirements of being able to successfully perform a job.  They should not be overlooked.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Overlooking an Essential Element

Potential applicants who are considering filing for Federal Disability Retirement benefits under FERS or CSRS will sometimes ask the question, What are the essential elements of one’s job?

Sometimes, the answer to the question is often easy to identify, especially if there are unique and distinct features to a particular type of Federal or Postal job.  Other elements are sometimes so obvious that they are overlooked — such as the fact that one must be able to work full time at a job.

Thus, the fact that a Federal or Postal worker is able to work 4 hours a day, or 6 hours a day, and be able to perform all of the other essential elements of his or her job, does not preclude one from being eligible for Federal Disability Retirement benefits under FERS or CSRS.

Further, if the Agency is being “nice” and “accommodating” by allowing for the remainder of the hours to be covered by sick leave or even LWOP, does not preclude the Federal or Postal employee from filing for, and being eligible for, Federal Disability Retirement benefits under FERS or CSRS.

Being able to work full time in a full time position is an essential element of the job.  Don’t overlook the obvious; the obvious is often the gateway to success.

Sincerely,

Robert R. McGill, Esquire