FERS Disability

Last Updated on February 23, 2013 by FERS Disability Attorney

If one fails to file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management (i.e., the Statute of Limitations for all Federal and Postal employees in filing a Federal Disability Retirement application, whether under FERS or CSRS, is 1-year from the time of separation from Federal Service) within the time prescribed, then one cannot make any legal arguments or supplement one’s case — precisely because the Federal or Postal (former) employee has failed to meet the minimum statutory deadline.

However, once filed, the case can be supplemented and “added to”; additional evidentiary documentation may be submitted; but amendment to the Federal Disability Retirement application will be severely limited, because you cannot withdraw the application in order to change it — if the withdrawal is effectuated after the 1-year Statute of Limitations passes.  This is because the Federal or Postal Disability Retirement applicant is restricted by the rules governing SF 3112A, where one cannot “add to” the list of diagnosed medical conditions once it is received by OPM (although there are ways to characterize such identified conditions to somewhat circumvent the restrictions).

Sometimes, because of the medical condition itself, or for unforeseen circumstances which are beyond the physical, emotional or cognitive control of the potential applicant for Federal Disability Retirement, such procrastination is simply a fact which must be dealt with.  Whether the day before the 1-year cut-off, or 10 months before, once filed, at least the Federal or Postal employee will have the opportunity to make legal arguments, and for the most part, the ability to supplement his or her case.

It is only if it is NOT filed on a timely basis, that such additional activity will then be precluded.  Thus, the obvious rule:  File before the deadline.

Sincerely,

Robert R. McGill, Esquire