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

Medical Retirement Benefits for Federal & Postal Employees: Reminder

If a Federal or Postal Employee files for Federal Disability Retirement benefits under FERS or CSRS, remember that:  (A)  You are not required to stop working, as most people for economic necessity continue to work, and (B)  If you stop working, and you are not using your Sick Leave or Annual Leave, but are out on LWOP, remember that once you obtain an approval for your Federal Disability Retirement, that back-pay will be paid all the way back to your “last day of pay”, and not to the last day you “worked”. 

In other words, if you are out on LWOP for three months (as a hypothetical), and on the day before you are approved for your OPM Disability Retirement, you receive a paycheck from your Agency for 1 hour of SL or AL, then you have lost all of the potential “back pay” of the three months on LWOP, because the “last day of pay” was the day just before your Federal Disability Retirement was approved.  Be careful that this does not happen.  While donated leave is often accepted because of economic necessity, you will likely regret accepting such payment once your Federal Disability Retirement application is approved.

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