Federal & Postal Service Disability Retirement: After a Resignation

Last Updated on October 22, 2009 by Federal Disability Lawyer

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.


Robert R. McGill, Esquire

2 thoughts on “Federal & Postal Service Disability Retirement: After a Resignation

  1. VA was supporting me going out on medical disability but now is refusing to allow me to have LWOP during processing out on medical disability retirement under FERS unless I sign a resignation effective upon OPM decision to approve OR DENY my application. Can they legally do this, not cooperate with me and start charging me as AWOL vs LWOP status during process if I refuse to resign without medical disability approval by OPM?

  2. I was never informed of these rights, can I still file my papers for disability after I was diagnosed with a condition they would limit my performance after I separated from the USPS… By the way my rights were violated

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