OPM Disability Retirement: Decision-Making

It is interesting how individuals make decisions, especially on important matters.  In coming to a decision to file for Federal Disability Retirement benefits under FERS or CSRS, the process itself is often an admixture of rational lists, emotional reactions, and a keen sense of realization.  While we often like to think that the “decision-making process” involves a reasoned, deliberative methodology of thought-processes, the reality of it is that most decisions are made more upon a reliance on instinctive feelings.  There is actually nothing wrong with that.  When an individual is suffering from one or more medical conditions, and those conditions are clearly impacting one’s ability to perform the essential elements of one’s job, it is often the rationalization which impedes the necessary decision to file for Federal Disability Retirement benefits.  Thus, economic and other reasons come into play, which often prolong the gut-instinct of the need to file.  This tension — between what the body is telling one, and what the mind is attempting to prevent — is a natural part of the entire process.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Years Later, Still On the Rolls of the Agency

The Postal Service is especially guilty of this, but many other Federal (non-Postal) agencies are also “negligent” on the issue of keeping an injured worker on the rolls for years on end.

Often, such “non-existent” Federal and Postal workers receive OWCP payments, or simply go on with their lives while unofficially still a Federal or Postal employee.  Never having been separated from Federal or Postal service, such individuals are still eligible for filing OPM Disability Retirement benefits under FERS or CSRS because the 1-year statute of limitations has not been violated.

So long as a Federal or Postal employee files for Federal Disability Retirement benefits under CSRS or FERS within one year of being separated from service, you have met the statute of limitations.  If you were never officially separated from service, then your 1-year deadline never began.

Sincerely,

Robert R. McGill, Esquire