Postal and Federal Disability Retirement: Resignation

Resignation is an act which is resisted, for various and complex reasons.

The strength of holding onto something; the sense that such an act would be a culmination of, and admission to, a declaration of defeat; it is often and stubbornly believed that to resist the finality of the act promulgates a validation of remaining strength to survive.

For Federal and Postal employees contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the decision not to resign allows for greater options to remain open:  the tolling of the Statute of Limitations (Federal and Postal employees have up until 1 year from the date of separation from Federal Service to file for Federal Disability Retirement benefits) will not be triggered; there is the belief that, if a Federal Disability Retirement application is filed, but is denied at all stages, the Federal or Postal employee may have the opportunity to continue to work at the Federal or Postal job; a sense that OPM will scrutinize a Federal Disability Retirement application submitted by one who has chosen to resign, in a different and more rigorous light; and multiple similar reasonings employed.

But whether for financial considerations (accessing one’s TSP), personal reasons (moving to a different location to be with family, etc.), or psychological decisions (the action itself may allow for some sense of finality and culmination of relief), sometimes it may be necessary to contemplate the act of resignation.

How such a resignation should be worded may play somewhat of a relevant part, and should be reflected upon before any final submission.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: To Be or …

Often, the question is asked whether or not it is advisable to “just resign” from one’s Federal or Postal employment, and whether such resignation would impact one’s ability to file for, and obtain, Federal Disability Retirement benefits from the Office of Personnel Management, whether under FERS or CSRS.

Such a question actually contains multiple sub-questions, which often need to be extrapolated, dissected and bifurcated, then answered independently.  Then, upon answering such questions separately, they can be reconstituted to provide a greater picture.  In answering any or all such questions, however, the proper context of each case — for each case is unique in their facts, circumstances, and potential impact upon future decision-making processes — must be revealed, identified, analyzed and properly addressed.  

Whether the Agency is making any “noise” of proposing to remove the Federal or Postal employee, and the basis of such removal; whether they are open to suggestions or negotiations pertaining to the basis of the removal; whether the Federal or Postal employee has already secured a doctor, a medical narrative report, and proper substantiating medical documentation which shows that, prior to such removal or resignation, the Federal or Postal employee could no longer perform one or more of the essential elements of one’s job, etc. — all of these, and many more besides, are questions which must be considered before one takes the finality of the leap which determines whether to be, or not to be, a Federal or Postal employee as of a date certain, and its impact upon one’s ability to secure the benefit known as “Federal Disability Retirement” benefits under FERS or CSRS from the Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: Burning Bridges and Walking Away

When a Federal or Postal worker suffers from a medical condition — often, silently, and without complaint — and such medical condition(s) impacts one’s ability to perform the essential elements of one’s job, there is often a tendency to engage in desperate acts, such as resigning, walking away from the job, etc.

After so much time has vested, and has been invested, by the Federal or Postal employee in the pursuit of a Federal or Postal career; and after so much stress, anxiety, sometimes intolerable working conditions are endured; or, having expended so much loyalty and exerted so much effort in doing an excellent job for one’s agency, it is a self-contradiction to simply walk away from the Agency without filing for Federal Disability Retirement benefits, especially when such laws governing Federal Disability Retirement were set up precisely for the type of Federal or Postal worker who has performed well, but has come to a point in his or her career where a medical condition has impacted one’s ability to perform all of the essential elements of one’s job.

Perspectives are often “out of balance” when one suffers from a medical condition.  Before taking steps of “burning bridges” and resigning, it is best to consult an attorney and see what the possibilities are for preparing, formulating, and successfully filing a Federal Disability Retirement application under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire
Postal & Federal Disability Lawyer