OPM Medical Disability Retirement and Agency Promises

In preparing, formulating and filing for Federal Disability Retirement benefits, whether under FERS or CSRS, it is often easy to confuse the varying roles of the individual and agency entities which are involved in the process.

First and foremost, the Agency for which the individual works, has certain administrative obligations which must be met — of completing certain forms, such as the Supervisor’s Statement (SF 3112B) and the Agency Efforts for Reassignment and Accommodation (SF 3112D).  The Office of Personnel Management, on the other hand, is the ultimate arbiter and deciding entity determining the viability of a Federal Disability Retirement application, whether under FERS or CSRS, as to meeting the legal criteria for eligibility for the benefit.

The agency cannot make promises to the Federal employee, or the Postal employee (if the case happens to be the U.S. Postal Service), as to “getting” the individual Federal employee or Postal employee, a Federal Disability Retirement.

There can certainly be actions taken by the agency, or the representative of the agency, which may help to “enhance” the chances of an approval of a Federal Disability Retirement.  However, enhancing the chances of an approval is quite different from promising to “give” or to “get” a Federal or Postal employee a Federal Disability Retirement from the Office of Personnel Management.  Only the latter entity can accomplish that.

As for any promises by the agency that “he said X” or “he promised Y” — get it in writing.  It may only be worth the paper it is written on, but at least by asking, you can determine the truth or falsity of such a promise.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: When the Agency Promises…

The Federal Agency or the U.S. Postal Service for whom the Federal or Postal employee works, cannot “promise” the granting of a Federal Disability Retirement annuity.  Such promises are presumptuous and ultimately vacuous, precisely because it is on the independent agency — the Office of Personnel Management — which is the sole agency and arbiter for determining the viability, sufficiency and legal adequacy of all Federal Disability Retirement applications under either FERS or CSRS.

While agencies can be somewhat “helpful” in the processing of a Federal Disability Retirement application, it is important that if there is an ongoing collateral litigation (e.g., EEOC action; a pending parallel lawsuit; a grievance procedure invoked, etc.), that any settlement or discussion of settlement not state, infer or otherwise imply that the agency can provide the applicant with a Federal Disability Retirement annuity.  

Instead, the agency should complete certain forms consistent with the terms of any settlement; and, further, a separation from Federal Service based upon one’s medical inability to perform one’s job can invoke the Bruner Presumption, which can certainly be a plus in a Federal Disability Retirement application.  But recognizing the independence of OPM, and staying away from any appearance of “collusion” through promises that an Agency can somehow “promise” the Federal or Postal employee an approval from the Office of Personnel Management, is important to maintain.  

Agencies cannot promise a Federal Disability Retirement approval, and any such promise in a collateral source is only worth the cost of the paper it is printed upon — or, in most cases, even less.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: Promises

Federal and Postal workers who are contemplating filing for Federal Disability Retirement benefits under FERS or CSRS must understand that it is the Office of Personnel Management which is the agency that makes the decisions concerning approval or denial of a Federal Disability Retirement application.  Whether the Postal Service, or any number of agencies “promise” to support a Federal Disability Retirement application, such promises are of limited value to the extent that they are not the governing arbiter — it is the bureaucracy known by its acronym, “OPM” which makes the decision.

While certain forms must be completed by the Agency or the Postal Service; and while certain decisions concerning the SF 3112D, or the basis of a removal action, may aid a Federal or Postal worker in OPM’s decision-making process, remember that any promise made by a Federal Agency or the Postal Service claiming to “get you” an OPM Disability Retirement is one without force or effect.

The Office of Personnel Management is an independent agency which reviews, evaluates, and scrutinizes each application for Federal or Postal Disability Retirement under either FERS or CSRS — they are the final “arbiter” of the matter, in conjunction with any appeals to the Merit Systems Protection Board in the event of a denial at the Initial Stage of the Application, and a second denial at the Reconsideration Stage of the application process.

Sincerely,

Robert R. McGill, Esquire