FERS & CSRS Disability Retirement for Federal and USPS Workers: Clarification of Options

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is often necessary to perform a methodological analysis similar to a “risk-benefits” evaluation before proceeding down the path in attempting to prove, by a preponderance of the evidence, that one is eligible for Federal Disability Retirement benefits.

The risks versus benefits analysis should already have been performed:  the necessity of filing because of one’s medical conditions should have answered any such issues arising from such a concern.  The “other” analytical approach, however, often revolves around the ever-prevalent and uniquely human ability to endlessly ruminate:  the “What if” syndrome.  What if I don’t get the disability retirement?  What if my agency terminates me before I get approved?  What if…

Such questions, while important to consider, should be first preceded by the overarching “what-if” question of all, which generally answers all subsequent similar questions:  “What if I don’t file?”  Presumably, one comes to a point in deciding to file for Federal Disability Retirement benefits because of a medical condition which has progressively or suddenly come to a point where it prevents one from performing one or more of the essential elements of one’s job.

Given that, the options to be clarified are quite simple:  If one does not file, then one will either have to continue working in the same or similar capacity; or one can resign and walk away, perhaps with a deferred retirement at age 65.  Are any of those options truly viable?  Ergo, many — if not all — of the other “what if” questions resolve themselves by first clarifying the penultimate what-if question.

Sequential clarification of one’s options is an important step in the reflective process of decision-making; take the time to consider the options; clarify the options; then, when the decision to prepare, formulate and file for Federal Disability Retirement benefitsbecomes a matter of necessity, move forward with the view that one will be approved precisely because the facts prove the case, without engaging in the self-defeating, very-human endeavor of self-doubt and questioning.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: Decisions of the Federal and Postal Employee

In preparing, formulating and filing for Federal Disability Retirement benefits under either FERS or CSRS from the Office of Personnel Management, the ultimate and deciding “first step” factor which propels the entire process, of course, is entirely within the authoritative realm of the Federal or Postal employee contemplating such a course of action.  

In making any decision, however, the trajectory of options begins to diminish when the options themselves become more and more limited and restricted by external circumstances.  Thus, when the Federal or Post employee is removed and separated from Federal Service, then the option to file becomes clearly defined:  one must file within one (1) year of being separated from Federal Service, or you lose your right to file forever.  Or, if the threat of being separated from service becomes cumulatively overwhelming; or, perhaps the medical condition itself, because of its progressively deteriorating aspect, imposes the necessity to file for Federal Disability Retirement benefits sooner than anticipated, rather than later.  

Additionally, there are multiple scenarios which offer refinements to those already mentioned — for example, if one has already filed for Federal Disability Retirement benefits, and in the meantime the Federal or Postal worker has been separated from Federal Service, then the ability to either file for Reconsideration (in the event of an initial denial) or appeal to the Merit Systems Protection Board (in the event of a second denial from the Office of Personnel Management) — as opposed to letting a Request for Reconsideration or an appeal to the MSPB lapse and begin the process all over again —  may be restricted and limited precisely because of the separation from service “in the meantime”.

Options and the ability to make the proper decision in preparing, formulating and filing for Federal Disability Retirement benefits from the Office of Personnel Management, should be made with the utmost of flexibility, if possible; but such flexibility and possible decision-making become more and more limited when one waits for external circumstances to intervene — i.e., the medical condition itself; the law; work circumstances; or a combination of all of the above.  Remember, most emergencies are self-made, and the destiny of one’s choices often depends upon thoughtful preparation at the beginning of a complex process.

Sincerely,

Robert R. McGill, Esquire