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    • OPM Disability Retirement for Federal & Postal Employees: Identity

Federal & Postal Disability Retirement: Options Unrealized

Posted on June 22, 2019 by Federal Disability Retirement Attorney

Is an option an option if it is unrealized?  “Unrealized”, of course, can have 2 different but subtle meanings — of not being known at all or — in a second sense — of known but just not actualized.  If a person is entirely unaware of an alternative course of action or a pathway delving into a different set of circumstances, can those other avenues be considered “options”?

They are, of course, options in a generic sense, but perhaps not yet individualized.  Take the following hypothetical: buried a foot below the ground is a hidden treasure, a trove of gold coins left behind by Spanish conquistadors many centuries before, now covered by layers of sediment and overgrown grass.

A detectorist (yes, from that cult-like following of a 3-series program) who has gone over the same ground multiple times, suddenly receives a positive signal of a potential find; stops, digs, and — becomes rich and famous.  When asked about it, he replies, “I had gone over the same area many times before and knew that something might be there, but didn’t want to realize my option because, to do so would then take the fun out of it.”  Huh?

Now, that person truly had an option — knowledge of a potential treasure and a choice to exercise the option to find it, but refraining from doing so.  Or, by contrast, the first-time detectorist who stumbles upon the same treasure trove at the first opportunity to cover that same ground — he had no “option”, but simply exercised it upon receiving a positive signal from his metal detector.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, the options unrealized are often those that have never been told of, announced or even considered — like preparing, formulating and filing for Federal Disability Retirement benefits under FERS.

Perhaps your agency or the Postal Service never apprised you of the benefit of Federal Disability Retirement; or, perhaps you were once told but completely forgot.  In either case, the options unrealized are the ones that can do you harm, and it is only if you take the necessary steps to realized the unrealized options that it can do a person any good, and the first step towards realizing an option unrealized is to consult with an Attorney who specializes in that option yet to be realized: FERS Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

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  • More on CSRS & FERS Disability Retirement

    • eZineArticles.com Article: The 1 Year Statute of Limitations
    • Federal Disability Retirement Laws, Medical Conditions, and the Intersecting Complications with OWCP, Social Security and FERS & CSRS
    • Federal Disability Retirement: The Full Arsenal of Weapons
    • FedSmith.com Article: Revisiting "Accommodation"
    • FedSmith.com Article: Sometimes the Process is just as important as the Substance of an Argument
    • Latest PostalReporter.com Article: Causation in a Federal Disability Retirement Case
    • Understanding the Complexities of the Law
    • USPS Disability Blog: The National Reassessment Program, the Agency and the Worker
  • Other Resources for Federal and Postal Employees

    • Articles Published in the Postal Reporter
    • FAQs on OPM Disability Retirement
    • FERS Disability Attorney Profile at Lawyers.com
    • Main Website on Federal Disability Retirement
    • OPM Disability Blog
    • The Postal Service Disability Retirement Blog
  • Seven False Myths about OPM Disability Retirement

    1) I have to be totally disabled to get Postal or Federal disability retirement.
    False: You are eligible for disability retirement so long as you are unable to perform one or more of the essential elements of your job.  Thus, it is a much lower standard of disability. 

    2) My injury or illness has to be job-related.
    False: You can get disability even if your condition is not work related.  If your medical condition impacts your ability to perform any of the core elements of your job, you are eligible, regardless of how or where your condition occurred.

    3) I have to quit my federal job first to get disability.
    False: In most cases, you can apply while continuing to work at your present job, to the extent you are able.  

    4) I can't get disability if I suffer from a mental or nervous condition.
    False: If your condition affects your job performance, you can still qualify. Psychiatric conditions are treated no differently from physical conditions.

    5) Disability retirement is approved by DOL Workers Comp.
    False: It's the Office of Personnel Management (OPM) the federal agency that administers and approves disability for employees at the US Postal Service or other federal agencies.

    6) I can wait for OPM disability retirement for many years after separation.
    False: You only have one year from the date of separation from service - otherwise, you lose your right forever.

    7) If I get disability retirement, I won't be able to apply for Scheduled Award (SA).
    False: You can get a Scheduled Award under the rules of OWCP even after you get approved for OPM disability retirement.
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