Federal Employee Medical Retirement: NRP, the Flight Surgeon and others

What do the National Reassessment Process for the U.S. Postal Service, the Flight Surgeon for the Department of Transportation, Federal Aviation Administration, and other entities/personnel from other agencies have in common?  

With respect to Federal Disability Retirement applications under FERS or CSRS, the commonality which weaves throughout all is the ability to declare an effective end to a Federal or Postal employee’s career, by asserting that the Federal or Postal employee can no longer perform one or more of the essential elements of his or her job, and because the agency is unable to accommodate the Federal or Postal employee, the resulting option left is to file for Federal Disability Retirement benefits with the Office of Personnel Management.

Logically, one would assume that such an agency action would result in essentially an automatic approval of a Federal Disability Retirement application.  Such an assumption would be erroneous, and to proceed to prepare, formulate and file a Federal Disability Retirement application based upon the erroneous assumption could result in delay, detriment, and ultimate denial by the Office of Personnel Management.  

One must always remember that, separate and apart from what the Federal Agency or the U.S. Postal Service does, the Federal or Postal employee must always be the one to affirmatively prove one’s case, by gathering and presenting the proper medical documentation, and formulating the nexus between the medical condition suffered and the essential elements of one’s job.  

Whether the Flight Surgeon at the FAA medically disqualifies you; whether the National Reassessment Process makes a declarative statement that no jobs are available to a particular Postal Worker; or whether the Federal Agency states that they are separating you because of your medical inability to perform your job — while the commonality between them exists, it does not extend to the Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Continuing Confusions

In Federal Disability Retirement law under FERS & CSRS, the issue concerning accommodations can continue to remain a rather confusing area of law.  This is especially true when an Agency allows for an individual, either in the Postal Service (which is becoming rarer because of the prevailing winds of the National Reassessment Program) or in the non-Postal, Federal sector, to remain in a position and perform much of the lighter duties of the job, and to allow for one or more of the essential duties of the job to be delegated to others, or not be performed at all.  Now, such a situation can continue on for years, and there is nothing inherently wrong with such an arrangement (aside from the fact that the other Federal workers to whom such work is “delegated” may grumble and complain about fairness or, more likely, that some of the work is never completed), especially if the work which the injured individual performs is valuable to the Agency — even in such a “light duty” status.  

What must be kept in mind, however, regarding the relevance and significance to filing a Federal Disability Retirement application under FERS or CSRS, is that throughout the entire time-period of being on such light duty, the Federal or Postal worker could have, at any time, filed for Federal Disability Retirement benefits and should have been approved.  This is because such temporary “light duty” arrangements never constituted an “accommodation” under the law, and the Federal or Postal worker was eligible for Federal Disability Retirement benefits regardless of remaining in the “light duty” job.

Sincerely,

Robert R. McGill, Esquire

Federal & Postal Service Disability Retirement: After a Resignation

Anyone and everyone who has followed my blogs or my more lengthy articles knows that an individual has up to one (1) year to file for Federal Disability Retirement benefits under FERS or CSRS, after being separated from Federal service.  The clock begins to run upon a resignation by a Federal employee.  The actual date of separation should be ascertained on the “Form 50” or “PS Form 50”, as a personnel action.  There are many reasons why an individual resigns.  Perhaps it is because of an impending adverse action; a threatened adverse action; a fear of a future adverse action; or because a Federal or Postal employee can no longer perform one or more of the essential elements of one’s job. 

Whatever the reason, if an individual has a medical condition such that he or she could no longer perform one or more of the essential elements of one’s job, prior to the date of the resignation, then there is a good chance that the (now former) Federal or Postal employee may be eligible for disability retirement benefits.  Indeed, my view as an attorney who exclusively represents Federal and Postal employees to obtain Federal Disability Retirement benefits, is that if you have invested a considerable number of years of your life in Federal Service, then you should seriously consider whether your medical condition was a primary, or even a contributing, factor in your resignation decision.  Don’t let the clock run for too long; it may pass quietly, to a time when it is too late.

Sincerely,

Robert R. McGill, Esquire