OPM Disability Retirement: The Filing II

People often come to me at the 2nd (Reconsideration) Stage, or the 3rd (Merit Systems Protection Board) Stage, and ask that I correct the mistakes made in the initial filing. Most mistakes can be corrected. Of course, it would have been better if the Applicant had done it properly the first time, for once the Office of Personnel Management views something which should not have been submitted, it cannot be easily retracted — only further explained.

There are, moreover, certain mistakes which cannot be “explained away” — such as deliberate omissions or deceptions. Thus, if the Office of Personnel Management gets the idea that there is an element of deceptiveness in a disability retirement application — either through omission or deliberate avoidance of an issue — then it becomes a difficult case to win. Honesty is always the best policy, and no Disability Retirement applicant should ever engage in any act of covering up any information. This is conceptually different from emphasizing the elements in a disability retirement application which favor an approval, as opposed to de-emphasizing those elements which tend to obscure the primary elements of an application. Such artful emphasis/de-emphasis should always be a part of every disability retirement application, coordinating the Applicant’s Statement of Disability with supporting medical documentation, to convey a consistent “whole” to the Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

Federal OPM Disability Retirement: Notifying the Agency

Fervent loyalty by the Federal and Postal Employee to want to work for as long as possible, and to do the best job possible, is often taken for granted; what is not as common, however, is a “bilateral loyalty” — meaning, loyalty shown by the Agency back to the Federal or Postal employee, especially when such loyalty is needed, during the long process of filing for, and obtaining, disability retirement benefits from the Office of Personnel Management.

In representing a client, I am often asked whether or not the Agency should be notified of our intentions immediately, and my response always is: It depends.  If there is a strong and positive relationship between the employee and supervisor, where there are strong indicators that the Agency will be supportive during the lengthy process, then I will often advise informing them fairly quickly.

More often, however, the Agency has had a long history of acting in a “less than sympathetic” manner — and that is in most cases.  In such cases, I normally advise to wait until the disability retirement packet has been prepared and finalized, and it is ready to be submitted to the Personnel or District H.R. Office.

Each case must be looked at independently, and there are never any easy answers.  Agencies are comprised of individuals; individuals are complex beings, with the potential for compassion and empathy, but just as well with a potential for cold disregard for the plight of an individual. So long as Agencies are comprised of individuals, Agencies themselves act as individuals, and each case must be viewed in that light.

Sincerely,

Robert R. McGill, Esquire

Reminder: Statue of Limitations on Filing for FERS & CSRS Federal Disability Retirement

At various times, in various forums, I have noted some confusion on the issue of when an individual can/must file for disability retirement, so I want to clarify some of the issues.

Confusion #1: Do you have to wait 1 year in order to file for Federal dislability retirement?  The answer is “No” — the “1-year requirement” is merely that your medical condition is expected to last for at least a year.  Thus, if you have a medical condition that impacts your ability to perform the essential elements of your job, your doctor will certainly be able to tell you whether he/she thinks it will last for at least a year.  Thus, don’t make the mistake of thinking that you actually have to wait for a year with your medical condition before you can file for federal disability retirement; it merely means that your condition is expected to last at least 1 year, and doctors can normally provide a prognosis of the expected amount of time.

Confusion #2: You have 1 year from the time of your injury to file for disability retirement.  The answer: “No” — you have 1 year from the date you are separated from Federal Service to file for disability retirement.  If you do not file prior to the expiration of that 1 year statute of limitations, you lose your right forever. Some confuse the 1-year requirement with thinking that it is within 1 year of being on Leave Without Pay, or 1 year from being away from the job, etc.  The 1-year requirement is 1 year from the day you have been separated from Federal Service.

Finally, remember that disability retirement can take anywhere from 6 months to a year to obtain, because of the bureaucratic maze which one must go through in the process of filing; thus, it is often a good idea to file sooner, rather than later.  Once you realize that you are no longer able to perform one or more of the essential elements of your Federal job, and once you have the support of your doctor, it is time to file.

Hope this clears up any confusions

Sincerely,

Robert R. McGill, Attorney