FERS & CSRS Disability Retirement for Federal and USPS Workers: The 31-day Rule

Once a Federal Disability Retirement application has been prepared and formulated, the next step in the equation is to determine the proper destination for filing.

For all Federal and Postal employees, whether under FERS or CSRS, if one is still on the rolls of the agency, whether on Sick Leave, Annual Leave, receiving donated leave, or on LWOP, if separation from service has not occurred, then the Disability Retirement packet must go through either the local or district Human Resources Office of the Agency for further processing.  The Office of Personnel Management will not accept a Federal Disability Retirement application directly from the applicant, if the Federal or Postal worker filing for such benefits has not yet been separated from Federal Service.

For Postal employees, a further caveat concerning “separation” should be taken into account:  Often, the U.S. Postal Service will continue to retain workers on the rolls, even after proposing to remove them, and often even after issuing a decision letter on a removal.  A good indicator as to whether a Postal Worker is still on the rolls of the U.S. Postal Service is if the individual is still receiving “0” balance pay stubs.  This likely means that the person is still officially “on the rolls” of the U.S. Postal Service.

Further, while many Federal (non-postal) workers continue to have the benefit of a local Human Resources Office, or an assigned district H.R. Office, for the U.S. Postal Service employee, all Federal Disability Retirement applications must be processed through the H.R. Shared Services Center in Greensboro, N.C.

If a person has been separated from Federal Service for more than thirty one (31) days, then the former Federal or Postal Worker must file his or her Federal Disability Retirement application directly with the U.S. Office of Personnel Management.

Thus, the first priority is to prepare and formulate a Federal Disability Retirement application; next, to ensure compliance with the 1-year statute of limitations; and finally, to file it via the proper channels.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: Filing

The actual filing of a FERS Disability Retirement application with the U.S. Office of Personnel Management, whether under FERS or CSRS, can be rather anti-climactic, precisely because the prospective anticipation is merely beaten down by the long wait and the extended period of inactivity.

Thus, in the prior two phases of the administrative process — the “preparation and formulation” part of it —  the engagement in obtaining and completing the forms, presenting in written form and putting the entire Federal Disability Retirement application together, creates an appearance of progressively working towards a goal.  Once filed — if still with the agency or within thirty one (31) days of being separated from the Federal Agency or the U.S. Postal Service —  the agency must complete their portion.

Depending upon whether it is with the local Human Resources Office or the District Human Resources Office will often determine how efficient or helpful they are.  If a Federal or Postal employee has been separated from Federal Service for over thirty one (31) days, of course, then it must be filed directly with the U.S. Office of Personnel Management in Boyers, Pennsylvania.

Filing a Federal Disability Retirement application is both a physical act, as well as a psychological barrier to be broken; as to the former, it is a relatively simple matter of sending it in; as to the latter, it constitutes an important step in recognizing and acknowledging the necessity of attending to one’s medical needs for recuperative purposes, whether because of physical or psychiatric medical concerns which require an alteration of employment demands.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Appearance versus Substance

In preparing, formulating and filing for Federal Disability Retirement benefits under either FERS or CSRS, from the Office of Personnel Management, one often overlooks the basic, foundational questions needed to have answered in the preliminary stages of a Federal Disability Retirement case.

The fact that one has a medical condition which impacts one’s ability to perform all of the essential elements of one’s Federal or Postal job is a “given” — i.e., a fact that then prompts or initiates the entire procedure of even contemplating filing for Federal Disability Retirement benefits.

To proceed from that “given”, however, requires further insight and questioning — more of a practical nature, as in:  What are the essential elements of my job?  Do I have doctors who view my medical condition in the same way as I do?  More importantly, will my doctors support me in my quest to obtain Federal Disability Retirement benefits under FERS or CSRS?  How will I explain to them the very processes and procedures, of the legal and medical requirements which must be met in preparing a medical report, such that the medical narrative report will meet those legal requirements?  Do I have the resources ready in order to sustain a protracted administrative battle with the Office of Personnel Management?  Will my agency allow me to continue to work while I engage in this application for Federal Disability Retirement benefits?

These are all serious and substantive questions — ones which go beyond the mere appearance of thinking that preparing, formulating and filing for Federal Disability Retirement benefits from the Office of Personnel Management, is merely a matter of “filling out forms“.

It never is, and just as “substance” differs from “appearance” (which is the entire philosophical basis of the Socratic and dialectical tradition of Western Philosophy), so the questions one asks at the outset of the process is important in determining the substantive nature of one’s quest.

Sincerely, Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Patient-Doctor Relationship

In filing a Federal Disability Retirement application with the Office of Personnel Management, it is always preferable (though not an absolute mandate) to have medical reports and records from a “treating” doctor of some tenure.  What constitutes a “treating doctor” is fairly uncontroversial — it means that the report rendering an opinion concerning one’s physical or mental ability to perform all of the essential elements of your job should be prepared by a doctor who has provided medical treatment, and generally has a patient-doctor relationship.  The duration of the tenure which then creates such a “patient-doctor” relationship does not necessarily put a specific time frame upon a doctor.  It can mean anywhere from a month to a decade, in my view.

From the applicant’s perspective, it is important to understand that the person who is considering filing for Federal Disability Retirement benefits has been establishing and fostering that relationship, and this is important to see.  Those many years of going to the doctor, speaking to him or her about the most personal of problems — one’s medical conditions — is part of what creates that special bond identified as a “patient doctor relationship”.  It is a relationship which has been created and fostered through interactive needs, and that relationship should be strong enough to ask the doctor, when the time and need comes to fruition, for a medical report in support of one’s Federal Disability Retirement application.  So, at this point in the issue, as one is contemplating Federal Disability Retirement, does your interaction with your treating doctor constitute a “relationship”, or is it merely an economic exchange of goods and services?

Sincerely,

Robert R. McGill, Esquire

Go to:  Patient-Doctor Relationship (Part II)