FERS & CSRS Disability Retirement for Federal and USPS Workers: Last Minute Filings

There are multiple reasons why a Federal or Postal employee might wait to file for Federal Disability Retirement benefits under FERS or CSRS until the last minute — waiting because __________ (anyone may fill in the blank).  Whatever the reason, if the time has come to file, and there are only a couple of weeks left, then it is time to stop looking for various reasons why any further time should be wasted in order to file for the benefit.  Yes, a Federal Disability Retirement case can be prepared within a couple of weeks and filed.  Will it be the best packet?  Probably not.  Can the packet be supplemented later on?  Yes, if it is prepared in a certain way to allow for some flexibility.  Just remember, however, that if the deadline for filing passes, then there is absolutely no chance at obtaining the benefit.  A Statute of Limitations is just that — once it has come and gone, one is legally precluded from ever filing in the future.  One must file on time; otherwise, no amount of supplementation of the original packet will be allowed.  And, by the way, do not rely upon any “exceptions” to the Statute of Limitations.  Reliance on a long-shot is rarely the wisest thing to do.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for Federal & Postal Employees: Time to File

When should I file?  This is a question which is asked often; it is a telling, revealing question, because it is often a rhetorical question.  It is as if the question begs to be answered with an unequivocal, “You must file now”.  Aside from the time it takes, which is generally between 6 – 8 months from the time the entire process begins until the time the Office of Personnel Management approves an OPM Disability Retirement application at the First Stage of the process (and certainly this general time-frame needs to be taken into account because of financial circumstances, accrued sick and annual leave which may be used, and multiple other factors for consideration), the Federal or Postal worker who is contemplating when to file an application for Federal Disability Retirement benefits generally knows the answer to the question.  As a general rule, if one asks the question, then the answer is already known.  If one is expecting a PIP, comes home each day dreading and exhausted, living with the anxiety that the Agency is waiting for an excuse to get rid of the employee; if each night and weekends are spent just recuperating in order to make it into the office for another day, then to ask the question, “When should I file?” becomes merely a tautology.  To arrive at that point is to make it into an emergency; it is better to project into the future; as a football coach once said, “The future is now.”

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Right Timing

Timing the preparation and submission, and ultimate separation/retirement from Federal Service in getting Federal Disability Retirement benefits under FERS or CSRS is rarely a method of precision; it is closer to art than it is to science.  That is because there is the “human” element involved — of when does the medical condition reach its critical point where one cannot withstand the daily and chronic pain; is the doctor ready to support the Federal Disability Retirement application; is the Agency sympathetic or suspicious; can the reduced finances be worked out for a livable standard of living; will the future allow for all of the elements to coalesce? 

There are many, many such human elements which must come into play.  All too often, however, the “right time” for contemplating filing for Federal Disability Retirement benefits is simply determined by external circumstances, such as reaching a critical point in one’s medical condition such that there is simply no other choice left, as opposed to being able to rationally and calmly make an affirmative decision for one’s future.  Whatever may be the particular and peculiar circumstances of a given Federal or Postal employee, the time to consider preparing a Federal disability retirement application must be a decision made by each individual, based upon that individual’s unique circumstances.

Sincerely,

Robert R. McGill, Esquire