Federal & Postal Service Disability Retirement: After a Resignation

Anyone and everyone who has followed my blogs or my more lengthy articles knows that an individual has up to one (1) year to file for Federal Disability Retirement benefits under FERS or CSRS, after being separated from Federal service.  The clock begins to run upon a resignation by a Federal employee.  The actual date of separation should be ascertained on the “Form 50” or “PS Form 50”, as a personnel action.  There are many reasons why an individual resigns.  Perhaps it is because of an impending adverse action; a threatened adverse action; a fear of a future adverse action; or because a Federal or Postal employee can no longer perform one or more of the essential elements of one’s job. 

Whatever the reason, if an individual has a medical condition such that he or she could no longer perform one or more of the essential elements of one’s job, prior to the date of the resignation, then there is a good chance that the (now former) Federal or Postal employee may be eligible for disability retirement benefits.  Indeed, my view as an attorney who exclusively represents Federal and Postal employees to obtain Federal Disability Retirement benefits, is that if you have invested a considerable number of years of your life in Federal Service, then you should seriously consider whether your medical condition was a primary, or even a contributing, factor in your resignation decision.  Don’t let the clock run for too long; it may pass quietly, to a time when it is too late.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: the Psychological Barrier

I hear the anguish in people’s voices; an individual has worked for the Federal Government, or the Postal Service, for 20+ years; “I’m not lazy”, “I’ve worked all of my life”, “I gave my Agency the best, each day”, “I am not asking for a hand-out.”  No justification is needed.  No defense is needed.  Disability retirement is not welfare; it is not a hand-out; it is a benefit which was part of the employment package which your employer — the Federal Government — offered to you, when you applied for the job.  You could have applied for a private sector job, and received a higher offer of monetary compensation, but with lesser benefits.  A Federal employee who accepts a Federal or Postal position, does so with the understanding that the monetary compensation may be lesser, but the total package of benefits makes it worthwhile.  Some of those benefits are considered as “safety-net” benefits, and disability retirement is one of those.  No justification is needed.  No defense is needed.  You worked hard; you gave it your best; it is time to take that benefit which you earned, and move on to another phase of your career, your life, and your contribution to society –which yet remains in abundance.  Your best days are yet to come.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirements: The Remainder of the Year

Thanksgiving is now over. There are barely 4 weeks before Christmas. Yet, for those who are considering filing for disability retirement, time is not the issue; rather, it is whether or not a Federal employee is able to persist in continuing his or her employment before the time of recognition comes. Recognition comes, generally speaking, in three steps: A constant struggle with a medical condition, and the impediment such a medical condition creates, either in being able to come to work consistently, or in being able to perform the essential elements of the job sufficiently. Second, an awareness that weekends and evenings are no longer a time of respite or enjoyment; rather, it is a time to recuperate from the work week. And third, the psychological wall, of not wanting to acknowledge that one has a medical condition such that one can no longer perform at the level that one expects of one’s self. Remember this: disability retirement is a benefit you earned when you worked with loyalty for the many years you have. It does not mean that you cannot be productive in some other employment or capacity; and, certainly, you never want to continue to work such that, upon reaching retirement, you are so debilitated that you cannot enjoy your remaining years of retirement. The year is coming to a close. One’s lifetime of accomplishments, however, extends far beyond the end of a fiscal year.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: Investment for the Future

Ultimately, whether or not this is an optimum time for an individual to file for Federal Disability Retirement under FERS or CSRS is a decision each individual must make, depending upon the specific circumstances.

From a medical standpoint, of course, most individuals have no choice because he/she must file for disability retirement.  From an economic standpoint, as private companies cut back and begin relying upon a part-time workforce without needing to pay for a worker’s health insurance benefits and other benefits, a Federal Disability Retirement Annuitant is a very attractive potential worker, indeed, because most such annuitants retain their own health insurance benefits.

Such an annuitant can go out and find a job making up to 80% of what his/her former job currently pays, and still continue to receive the disability annuity.  Further, while each individual must make a decision concerning hiring an attorney to help secure disability retirement benefits, it should always be looked upon as a long-term investment.

Disability annuitants may be chosen randomly every two years to answer a Medical Questionnaire, and it is equally important to retain the benefits, as it is to initially secure it.  These are all issues which must be considered carefully, as an investment for the future.

Sincerely,

Robert R. McGill, Esquire

Resigning from a Federal Position Due to a Medical Condition

I am often asked whether or not it is okay to resign from the Agency prior to either (1) filing for disability retirement or (2) receiving a decision from the Office of Personnel Management. A decision to resign from the Agency must be weighed very carefully, for there are multiple factors which must be considered.

I will try and outline a few of the considerations to be weighed:

(1) What advantage is gained by resigning? If it is merely to avoid the hassles of dealing with the Agency (the Agency may insist upon updated medical documents every couple of weeks; they may call and harass you every week; you may have an unsympathetic supervisor, etc.), then I normally advise against resigning. There is no advantage to resigning, other than the quietude of being separated from service. As an attorney, I believe that is not enough of a reason.

(2) What is the disadvantage of resigning? There may be many: Any leverage to force the agency to cooperate with a disability retirement application may be lost; if your doctor has not yet written a medical narrative report (and, believe me, for some doctors, that can take months), the doctor will have to be reminded that any statement of employment impact must pre-date the date of resignation; you lose the leverage of that which the Agency holds most dear, for no price: your position. For the position you fill, that slot which suddenly becomes vacant once you resign, is that which is most dear, most valuable for the Agency: and to resign is to give it up without having the Agency pay any cost.

Sincerely,
Robert R. McGill, Esquire