FERS & CSRS Disability Retirement for Federal and USPS Workers: As a Process

It is often a necessity to be reminded that the preparation, formulation, and ultimately the filing of a Federal Disability Retirement application under FERS or CSRS, with the U.S. Office of Personnel Management, is an administrative process.

By “process” is meant that it involves multiple levels of time frames and stages, and is not merely constituted by a single “filing” of paperwork.  It is not a defined “right” to a benefit which is triggered by a certain event — such as age, filing of a form, etc.  Rather, it is a benefit which is determined by an administrative process of eligibility.

One must prove, by a preponderance of the evidence, that one is “eligible” for the benefits.  In order to do that, one must, of course, meet each of the legal and regulatory criteria as set out by statutory authority, regulations propounded by the Office of Personnel Management, and case-law authorities handed down by the Merit Systems Protection Board and the Federal Circuit Court of Appeals.

As such, time frames for issuing determinations are made by the agency granted such authority — the U.S. Office of Personnel Management.  And, further, the process will often necessarily involve multiple stages — the Initial Stage, the Reconsideration Stage, an appeal to the U.S. Office of Personnel Management, then a Petition for Full Review, and if necessary, an appeal to the Federal Circuit Court of Appeals.

Time frames, stages, applicability of the law, meeting each of the statutory requirements — they all constitute a long and complex “process”, and one which must be dealt with whether one agrees with it, wants to, or is somehow unprepared to do so.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: The Necessity of Recognition

For all of the Federal and Postal employees who are contemplating preparing, formulating or filing for Federal Disability Retirement benefits either under FERS or CSRS, it is important to recognize first, the complexity of the administrative process; second, that Federal Disability Retirement benefits are not a guaranteed outcome — it is not an “entitlement” in the sense that a Federal or Postal employee can automatically qualify for the benefit — but is part of the Federal compensation package for being a Federal or Postal employee, but one which must be proven by a preponderance of the evidence in order to qualify; and third, that the challenge of proving one’s eligibility must be met in a sequential, logical, and methodological manner such that the presentation made to the Office of Personnel Management is coherent, concise and comprehensible.  

Preparation for the long administrative process  is a prerequisite; proper formulation of one’s packet must be carefully attended to; and timely filing in order to meet the statutory guidelines is a necessity.  All in all, meeting the entirety of the administrative process is a complex legal maneuver which should be considered with care, foresight, and deliberation.  Do not take anything for granted.  Seek proper and useful information; then be “effective” as opposed to “efficient” — although, obviously encapsulating both qualities concurrently would be the best of all worlds.

Sincerely,

Robert R. McGill, Esquire