Last Updated on January 21, 2011 by FERS Disability Attorney
In order to prepare, formulate, file and qualify for Federal Disability Retirement benefits under either FERS or CSRS, one must have a medical condition such that the medical condition prevents one from performing one or more of the essential elements of one’s job. There are, of course, additional minimum eligibility requirements — such as the fact that one must have been a Federal employee for at least 18 months under FERS (and 5 years under CSRS — which is a moot point, obviously, because anyone who finds him/herself under CSRS already has the minimum 5 years), and further, that the medical condition must last for at least 12 months.
The 12-month/1 year requirement often poses a puzzlement to Federal and Postal employees contemplating filing for Federal Disability Retirement benefits. Often the question is asked whether a Federal or Postal employee must have been “out of work” for at least 1 year; or, just as often, the question of the 12 month length or duration of the medical condition will often be confused with the requirement that a Federal or Postal employee must file for Federal Disability Retirement benefits within 1 year of being “separated” from Federal Service. Thus, the confusion often becomes coagulated to be interpreted as: I must be separated from service and suffer from my medical condition for a year. WRONG.
Normally, a doctor can provide a “prognosis” when it comes to a medical condition — where the doctor “predicts”, within reasonable medical certainty, that a medical condition will last for a minimum of 12 months, 2-3 years, permanently, etc. That is all that is required in order to meet the 12-month requirement. One does not have to suffer for a year, or even for many months, in order to begin the process of preparing, formulating, and filing a Federal Disability Retirement application under either FERS or CSRS.
Sincerely,
Robert R. McGill, Esquire