OPM Disability Retirement: The Meaning of Separation from Service

The 1-year rule, or more properly, the Statute of Limitations, continues to be confused at various levels.  The beginning point in understanding the rule must always be to first clarify what constitutes the trigger-point; for, if one does not know what represents the first day of the year, how can one calculate the remaining 364 days?

First, in negative form:  Being on LWOP, Sick Leave, or any time of leave, does not constitute a separation from service.  Indeed, logically, if one reflects upon it for a moment, the very fact that one is on some type of leave would imply that one is on leave “from” an agency, thereby inferring that no separation from service has yet occurred.  Thus, separation from Federal Service is an event which occurs when a Federal or Postal employee affirmatively resigns; is issued a termination or separation letter; or is issued a personnel action on an SF Form 50 or PS Form 50, showing that Federal or Postal employment has been terminated.

For Postal employees, if you continue to receive a “0”-balance pay stub, it likely means that you have not yet been separated.

Obviously, for Federal Disability Retirement purposes, whether under FERS or CSRS, knowing whether or not you are separated from Federal Service is important, because the Office of Personnel Management will not make a determination on the substantive basis of a Federal Disability Retirement application if it has been filed in an untimely manner (i.e., after a year has passed from the date of separation).

Then, of course, there is also the “other” 1-year rule, of showing that one’s medical condition will last for a minimum of 12 months.  But let us not get ahead of ourselves and confuse and conflate the two.

Sincerely,

Robert R. McGill, Esquire

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