Resigning from a Federal Position Due to a Medical Condition

Last Updated on July 25, 2016 by Federal Disability Lawyer

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.

Robert R. McGill, Esquire

One thought on “Resigning from a Federal Position Due to a Medical Condition

  1. I’ve been a government employee for the last 15years. I had spine surgery in October 2016 and will not be returning to work. I turned in my medical retirement papers today, and I just would like to know what my options are. The people I work for keep saying that its OK for me to resign and are not giving me any other options of the best way to leave the federal gov. Something in my heart is telling me this is not the right way to go and was just wondering what my options are?

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