FERS Disability

Last Updated on January 6, 2023 by FERS Disability Attorney

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under the FERS or CSRS system, there is often a long history of interaction with one’s own agency, and to what extent such prior historical context is or is not relevant to a Federal or Postal Disability Retirement application depends upon the uniqueness of each case.

Some issues constitute an impact upon the Federal or Postal employee only — i.e., leave issues, whether FMLA has been invoked and how much has already been used; whether the Federal or Postal employee has been able to provide any substantiating medical documentation to the agency, etc.

Other issues are more in the province of the Agency — how patient will the agency be during the process of awaiting OPM’s decision on a Federal Disability Retirement application, whether under the CSRS or FERS pension system; has a PIP already been initiated?  Is there a security clearance issue, or an issue with retention of a medical clearance in order to perform one’s job?

Then, of course, there are issues which intersect, and where an adversarial — or at least a conflicting — relationship develops.  When the agency attempts to initiate an adverse action, or when harassment occurs, the issues which arise may need to be resolved through litigation, filing of a grievance, internal personnel procedures invoked, etc.

Ultimately, whether or not any of the various peripheral issues impact a Federal or Postal Disability Retirement application is questionable, because it is not the agency itself which determines the approval or denial of a Federal Disability Retirement application, but only the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire