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    • Accommodation and Light Duty (40)
    • Advantages of Federal Disability Retirement (27)
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    • Evaluation Of Your OPM Disability Claim – How Do I Know If I Have A Strong Case? (18)
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Medical Retirement for Federal Workers: Filing in Time

Posted on May 30, 2011 by Federal Disability Retirement Attorney

All of the work which goes into preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS becomes a nullity unless the deadline for filing the application has been met.  

Remember the fundamental rule:  While there are certain restrictions on amending or adding to a Federal Disability Retirement application once it has been filed (i.e., one cannot add a new medical condition  beyond what has been stated in the Applicant’s Statement of Disability — but there is always some flexibility in arguing whether or not additional medical documentation which one later supplements merely expounds upon previously-identified medical conditions or symptoms, as opposed to “adding” a “new” medical condition), one cannot even begin to make an argument about a particular medical condition, its impact upon a particular job and ability to work at a job, etc., unless and until one has met the foundational statutory prerequisite of timely filing.  One is estopped from making any argument at all unless one first files, and files within one (1) year of being separated from Federal Service.  

Thus, remember the basic rule:  If the time is fast approaching, file first.  Further arguments may be made later, but one cannot make any arguments at all, unless the Federal or Postal worker files the Federal Disability Retirement application under FERS or CSRS in a timely manner.

Sincerely,

Robert R. McGill, Esquire

Filed under: Clarifications of Laws or Rules | Tagged: adding a medical condition after initially submitting your opm disability claim, after you have submitted your fers disability application, CSRS disability retirement federal attorney, disability retirement for federal employees, establishing a medical condition before federal service separation, failing to file fers disability retirement on time, federal disability process timelines, federal disability retirement timely matter, FERS disability retirement, flexibility in adding a new medical condition after submitting original fers medical claim, health conditions that impact job performance in the federal agency, letter carrier blog website for disabilities, making sure you apply for federal fers disability before deadline, making sure you don't miss the one-year time limit, one year limitation federal disability retirement, one year separated from service opm rule, One-Year Statutory Timeframe, OPM disability retirement, owcp disability retirement, postal disability retirement blog, postal service disability retirement, recognizing when it's time to file for federal opm disability retirement, statutory requirements in OPM disability law, The Statute of Limitations, time restrictions to file for fers disability, USPS disability retirement, usps separation | Leave a comment »

  • More on CSRS & FERS Disability Retirement

    • eZineArticles.com Article: The 1 Year Statute of Limitations
    • Federal Disability Retirement Laws, Medical Conditions, and the Intersecting Complications with OWCP, Social Security and FERS & CSRS
    • Federal Disability Retirement: The Full Arsenal of Weapons
    • FedSmith.com Article: Revisiting "Accommodation"
    • FedSmith.com Article: Sometimes the Process is just as important as the Substance of an Argument
    • Latest PostalReporter.com Article: Causation in a Federal Disability Retirement Case
    • Understanding the Complexities of the Law
    • USPS Disability Blog: The National Reassessment Program, the Agency and the Worker
  • Other Resources for Federal and Postal Employees

    • Articles Published in the Postal Reporter
    • FAQs on OPM Disability Retirement
    • FERS Disability Attorney Profile at Lawyers.com
    • Main Website on Federal Disability Retirement
    • OPM Disability Blog
    • The Postal Service Disability Retirement Blog
  • Seven False Myths about OPM Disability Retirement

    1) I have to be totally disabled to get Postal or Federal disability retirement.
    False: You are eligible for disability retirement so long as you are unable to perform one or more of the essential elements of your job.  Thus, it is a much lower standard of disability. 

    2) My injury or illness has to be job-related.
    False: You can get disability even if your condition is not work related.  If your medical condition impacts your ability to perform any of the core elements of your job, you are eligible, regardless of how or where your condition occurred.

    3) I have to quit my federal job first to get disability.
    False: In most cases, you can apply while continuing to work at your present job, to the extent you are able.  

    4) I can't get disability if I suffer from a mental or nervous condition.
    False: If your condition affects your job performance, you can still qualify. Psychiatric conditions are treated no differently from physical conditions.

    5) Disability retirement is approved by DOL Workers Comp.
    False: It's the Office of Personnel Management (OPM) the federal agency that administers and approves disability for employees at the US Postal Service or other federal agencies.

    6) I can wait for OPM disability retirement for many years after separation.
    False: You only have one year from the date of separation from service - otherwise, you lose your right forever.

    7) If I get disability retirement, I won't be able to apply for Scheduled Award (SA).
    False: You can get a Scheduled Award under the rules of OWCP even after you get approved for OPM disability retirement.
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