The 1-year rule, or more properly, the Statute of Limitations, continues to be confused at various levels. The beginning point in understanding the rule must always be to first clarify what constitutes the trigger-point; for, if one does not know what represents the first day of the year, how can one calculate the remaining 364 days?
First, in negative form: Being on LWOP, Sick Leave, or any time of leave, does not constitute a separation from service. Indeed, logically, if one reflects upon it for a moment, the very fact that one is on some type of leave would imply that one is on leave “from” an agency, thereby inferring that no separation from service has yet occurred. Thus, separation from Federal Service is an event which occurs when a Federal or Postal employee affirmatively resigns; is issued a termination or separation letter; or is issued a personnel action on an SF Form 50 or PS Form 50, showing that Federal or Postal employment has been terminated.
For Postal employees, if you continue to receive a “0”-balance pay stub, it likely means that you have not yet been separated.
Obviously, for Federal Disability Retirement purposes, whether under FERS or CSRS, knowing whether or not you are separated from Federal Service is important, because the Office of Personnel Management will not make a determination on the substantive basis of a Federal Disability Retirement application if it has been filed in an untimely manner (i.e., after a year has passed from the date of separation).
Then, of course, there is also the “other” 1-year rule, of showing that one’s medical condition will last for a minimum of 12 months. But let us not get ahead of ourselves and confuse and conflate the two.
Robert R. McGill, Esquire
Filed under: Resigning or Being Separated From a Federal Agency for Medical Problems or Other Reasons | Tagged: beware of the statute of limitations for federal disability retirement filing, confusion among postal workers about the opm statue of limitations, CSRS disability retirement federal attorney, disability retirement for separated federal employee, disability separation from federal government, don't forget the 12 months statute of limitations in usps medical retirement, federal employment advanced sick leave or medical retirement, federal government one year lwop, FERS disability retirement, how long should I wait after separation to apply directly to opm?, if you are a disabled worker and are being separated from the usps, initializing the process of medical separation from federal service, long lwop for sickness is not separation under opm disability law, long lwop sick leave for stress, medical separation and retirement from federal service, nationwide representation of federal employees, One-Year Statutory Timeframe, opm sick leave, postal separation on owcp, postal service lwop status, proposing separation because of medical incapacity, separated from service, separation must be official in opm disability statute of limitations, sick leave is not separation for opm disability purposes, statute of limitations limit the time you can apply for fers/csrs after separation, taking annual leave (al) for medical reasons, the a 0-balance pay stub and federal disability retirement, the statutes and regulations of administrative law, US laws and statues of OPM disability retirement, using sick leave during federal employment, USPS disability retirement, usps separation, when you have been separated from your federal job for medical issues | Leave a comment »