Medical Retirement Benefits for US Government Employees: Termination

Termination for the Federal or Postal employee should generate an administrative personnel action reflected in an SF 50 or PS Form 50, showing the date of the action, the nature of the issuance and the reason for the administrative process which is initiated and culminated.  Without it, technically no such action occurred.  However, there are cases where such a form has not been produced.

Further, such a personnel initiation is rarely issued in a vacuum; for a Federal employee to be terminated, there are certain procedural hurdles which are normally provided — an issuance first of a proposed termination, and the basis for such a personnel action, and one to which the addressee has a right to respond to within a specified period of days or weeks.  Thereafter, consideration must be given by the Agency in the response, whether verbal, written or both, given by the Federal or Postal employee.

Subsequently, when a termination is effectuated, an SF 50 or a PS Form 50 will be generated.  From that date of termination, the Federal or Postal employee has up to one year to file for disability benefits.

If such filing occurs after 31 days of the official termination date, then the application for Federal Disability Retirement benefits must be submitted directly to the U.S. Office of Personnel Management in Boyers, PA.

If prior to 31 days, it can be processed through one’s former agency — although, such a filing should be carefully monitored, as one’s former agency may not process it with any urgency, and in the event that it is not forwarded to OPM within the other 11 months and some-odd days left, there will be a question as to whether it was timely filed at all.


Robert R. McGill, Esquire

Postal and Federal Disability Retirement: Periodic Clarifications

Clarifications are needed to be periodically made, based upon questions which Federal and Postal employees continue to ask.  There is often a confusion concerning the “one year” issue — whether it concerns the Statute of Limitations in filing a Federal Disability Retirement application under FERS or CSRS, or the length of time a medical condition must last. 

A Federal or Postal employee must file a Federal Disability Retirement application under FERS or CSRS within one (1) year of being separated from one’s Agency.  The confusion often arises because a Federal or Postal employee is unsure of whether or not such separation from service has actually occurred.  Especially for Postal employees, where the U.S. Postal service will often continue to keep a Postal employee “on the rolls” despite having been on OWCP for many years, the confusion can be understandable.  However, one indicator is that if a Postal employee is continuing to receive zero-balance pay stubs, then in all likelihood that Postal employee has not yet been separated from service, and the 1-year tolling of the Statute of Limitations has not yet begun. 

Because obtaining an approval from the Office of Personnel Management on a Federal Disability Retirement application can take an extraordinary amount of time, however, it is wise to begin the process sooner, rather than later, whether one has been “officially separated” from service or not.  For Federal employees, an SF 50 (Personnel Action) form would systematically be issued showing that a Federal employee has been separated from Federal Service

As for the 1-year issue concerning the extent of a medical condition, we will address that issue at another time.


Robert R. McGill, Esquire