Medical Retirement Benefits for US Government Employees: When and Whether

When one should file a Federal Disability Retirement application, whether the Federal or Postal employee is under FERS or CSRS, through the U.S. Office of Personnel Management, is a matter of individual circumstances and needs — except in the particular situation where objective timeframes impose mandatory filing.

Whether one should file or not is a similar question based upon the medical conditions one suffers from, as well as the extent of a doctor’s support for such an administrative filing — but again, the “whether” also may be mandated by necessity if a Federal or Postal Worker is approaching the 1-year mark of having been separated from Federal Service.

The general rule concerning an impending and upcoming Statute of Limitations is the following:  If the Federal or Postal Worker fails to file within 1 year of being separated from Federal Service, the ability to file will forever be blocked (with some narrow and exceptional circumstances excepting the passing of the 1-year deadline).  As such, it is better to file than not (obviously).

Further, on most issues, one can supplement a Federal or Postal Disability Retirement application later on (this is where the Federal employee applicant must be very careful in completing the SF 3112A, Applicant’s Statement of Disability); whereas no such additional pursuance of the Federal Disability Retirement matter can be advanced if one does not file on a timely basis to begin with.

When and whether to file are therefore matters of discretion — unless the Statute of Limitations is about to impose itself upon the when and the where

Sincerely,

Robert R. McGill, Esquire

 

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

Federal Employee Medical Retirement: The Imperfect Sequence of Filing

If the Statute of Limitations is quickly approaching for a Federal Disability Retirement application under FERS or CSRS, it is important to put aside the procrastination and delay (is that a self-contradiction — to “put aside” procrastination?) and just file the basic forms.  An imperfect filing of a Federal Disability Retirement application is better than no filing at all.  

As has been often stated and restated in previous blogs and articles, one cannot make a substantive argument for a Federal Disability Retirement case (let alone even a non-substantive argument) if one does not first meet the minimum criteria of eligibility by filing a Federal Disability Retirement application in a timely manner.  

The Office of Personnel Management will inform the Federal or Postal worker who files an imperfect Federal Disability Retirement application, of the “missing” items and forms which were not filed, and allow for thirty (30) days to correct the imperfect filing.  This is certainly preferable, however, to not filing at all, and missing the deadline and trying to argue with the Office of Personnel Management the reasons why you did not file on time (actually, there will be no “argument” per se — only silence and being ignored as irrelevant and non-existent).  

Thus, whatever the reasons might be — haven’t received all of the medical reports; the former agency has not returned the Supervisor’s Statement or SF 3112D; haven’t filed for SSDI yet and received a receipt; haven’t …   It doesn’t matter.  What matters is to file the three (3) basic forms on time (SF 3107 or 2801, Application for Immediate Retirement; Schedules A, B & C; and SF 3112A, Applicant’s Statement of Disability).  

Once filed, you have the basis to argue for an approval.  Without having filed, the void, vacuity and silent nothingness of nonexistence will overwhelm the ticking clock which reminds one that the tolling of the Statute of Limitations has come and passed.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: Procrastinating within the Tolling Statute

Whether by resignation or by separation by the Federal Agency or the U.S. Postal Service, the tolling of the Statute of Limitations for filing a Federal Disability Retirement application under FERS or CSRS begins — and the statute allows for filing for a Federal Disability Retirement application within one (1) year of such separation from Federal Service.

Exceptions to the rule of the Statute of Limitations are few, explicit, and rarely allowed, and have to do with mental incompetence, narrowly defined, hospitalization for mental illness, appointment of a guardianship which shows one’s inability to attend to one’s daily affairs, etc.  Thus, once the Federal or Postal employee is separated from Federal Service, one should count on filing for Federal Disability Retirement benefits within one (1) year of such separation, and not rely upon any fantasy of being granted any extension, or excused for having had periodic or episodic medical conditions preventing one from engaging in certain acts or attending to various activities.

Procrastination is a trait of luxury unique to the human animal; because animals, whether domesticated or not, have an innate sense of urgency for purposes of survivability, the ability to project into the future and delay the necessary immediacy of a present response, is an alien characteristic.  

Such an element of artifice — procrastination — would not have any meaningful foundational purpose, a “telos“, which would make any sense; except, of course, for the human condition.  Because of the complexity of the human condition — of the technological world we have created, of multiple tasks, of time, movement and being within the context of our historicity, present world and future anticipated occurrences — procrastinating has become an artificial feature of our human condition, and indeed, almost takes on an element of need for our survivability.  But in the context of a Federal Disability Retirement application under FERS or CSRS, procrastinating in filing for the benefit does one no good.

Meet the deadline by working on it steadily, steadfastly, and without delay.  Remember the dictum:  If you don’t file, you can’t argue anything; at least if you file on time, there is always a chance.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: OWCP & OPM

The distinction between the Office of Workers’ Compensation Program (OWCP) and Federal and Postal Disability Retirement benefits under either FERS or CSRS from the Office of Personnel Management (OPM) is one which must be clearly made so that a Federal or Postal worker does not confuse the two; for, in confusing the two, there are numerous instances in which the Federal or Postal worker believes that he/she is receiving one or both — as the Statute of Limitations has already run out or is about to run out.  OWCP is a separate, distinct, and independent benefit from OPM Disability Retirement benefits.  

It is administered by the Department of Labor, and is designed to provide for temporary compensatory benefits based upon an on-the-job injury (as opposed to the issue being “neutral” and irrelevant in a Federal Disability Retirement application under FERS or CSRS), or an occupational illness or disease, and is meant to allow for a period of time in which the injured Federal or Postal Worker can recuperate or become rehabilitated, then return back to work.  There is no designated time-frame as to how long a medical condition must last (whereas for OPM Disability Retirement benefits, a medical condition must last for a minimum of 12 months).

The distinctions are important to keep in mind for many reasons, if merely to understand that a person who has filed for OWCP benefits has NOT concurrently satisfied the filing requirements for OPM disability retirement benefits.  One must affirmatively file for,and prove by a preponderance of the evidence, that one is eligible and entitled to OPM disability retirement benefits under FERS or CSRS.  Complacency in the receipt of OWCP payments may shockingly come to an end one day; it is a good idea to prepare, formulate, and file for Federal Disability Retirement benefits under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: OWCP Disability

Periodically, a telephone call will begin with the statement that the Federal or Postal worker has been on “Disability” for the past _____ years.  The first question that must be asked is, “Are you speaking about OPM Disability Retirement?”  If the answer is one of confusion or lack of clarity, then a further query must be made, trying to establish whether or not the Federal or Postal worker is speaking about receiving payments from the Department of Labor, Office of Worker’s Compensation.

As it turns out, most people who refer to being on “Disability” often mean that they are receiving Worker’s Compensation.  Once this is established, then it becomes important to know whether or not the Federal or Postal Worker has been separated from Federal Service; and if so, when was he or she separated (because if it has been over 1 year, then it is too late to file for Federal Disability Retirement benefits from the Office of Personnel Management).  

Receiving “disability” is often confusing to the Federal or Postal employee.  A revealing fact is when the individual states that the “Agency put me on disability”.  This normally means that the person is on OWCP.  Or, if you are receiving 75% of one’s pay.  Remember that there is a distinction and a difference between OWCP and OPM Disability Retirement.  The former pays well, but may not last forever.  Indeed, if the latter is not applied for within the time-frame allowed, you will be barred from ever applying for it.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: The Repetitive Reminder

Remember that a FERS & CSRS Disability Retirement application must be filed within one (1) year of being separated from Federal Service.  For some odd reason, there is still some prevailing misconception that the 1-year Statute of Limitations begins from either (a) the date of the onset of an injury, (b) from the date one goes out on LWOP, Sick Leave, or some other administrative leave, or (c) from the date that one is no longer able to perform the essential elements of one’s job — or (d) some combination of the three previous dates.

Whether from confusion, misinformation from the Agency, misinterpretation of what information is “out there” or some combination of all three, the Statute of Limitations in filing a Federal Disability Retirement application under FERS or CSRS is one (1) year from the date that a Federal or Postal employee is separated from his or her agency, or from the Postal Service.  Inasmuch as a Federal Disability Retirement application under FERS or CSRs will often taken 6 – 8 months (minimum) to get a decision from the First Stage of the process, it is a good idea to get started earlier, rather than later.

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

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

CSRS & FERS Disability Retirement: The Decision (Again)

Yes, it is a difficult decision to make — to come to terms with filing for Federal Disability Retirement under FERS or CSRS.  It makes it all the more difficult when individuals wait until the last possible minute before calling up the attorney (me) to file for Federal Disability Retirement benefits.  There have been a few times in the past (very few) when I simply could not take on a case with only a week left before the Statute of Limitations runs out.  The only thing I can do at that point is to identify which forms to fill out (however imperfectly), and give the fax number and the address to Boyers, PA for the individual to file. 

Remember the important point:  You can always make factual, medical and legal arguments after you have filed; you cannot make any arguments if you have failed to file on time.  Of course, it comes with the territory — as an attorney who exclusively represents Federal and Postal employees to obtain disability retirement benefits (there are many attorneys who practice Federal Disability Retirement law as one aspect of a larger practice which includes other areas of Federal Employment law), I understand how intertwining the medical condition is, with the anxiety and stress of filing for Federal Disability Retirement benefits, and how procrastination is often part and parcel of the medical condition itself.  At the same time, however, I take pride in doing a good job; I like to service my clients; I like to see the successful outcome.  As such, I am reluctant to take on cases where there is very little time to file.  I have, and will, take on cases where the Statute of Limitations is about to run out, but there must be at least some time left.

Sincerely,

Robert R. McGill, Esquire