FERS Disability

Last Updated on November 15, 2011 by FERS Disability Attorney

In preparing, formulating and filing for Federal Disability Retirement benefits under either FERS or CSRS from the Office of Personnel Management, the ultimate and deciding “first step” factor which propels the entire process, of course, is entirely within the authoritative realm of the Federal or Postal employee contemplating such a course of action.  

In making any decision, however, the trajectory of options begins to diminish when the options themselves become more and more limited and restricted by external circumstances.  Thus, when the Federal or Post employee is removed and separated from Federal Service, then the option to file becomes clearly defined:  one must file within one (1) year of being separated from Federal Service, or you lose your right to file forever.  Or, if the threat of being separated from service becomes cumulatively overwhelming; or, perhaps the medical condition itself, because of its progressively deteriorating aspect, imposes the necessity to file for Federal Disability Retirement benefits sooner than anticipated, rather than later.  

Additionally, there are multiple scenarios which offer refinements to those already mentioned — for example, if one has already filed for Federal Disability Retirement benefits, and in the meantime the Federal or Postal worker has been separated from Federal Service, then the ability to either file for Reconsideration (in the event of an initial denial) or appeal to the Merit Systems Protection Board (in the event of a second denial from the Office of Personnel Management) — as opposed to letting a Request for Reconsideration or an appeal to the MSPB lapse and begin the process all over again —  may be restricted and limited precisely because of the separation from service “in the meantime”.

Options and the ability to make the proper decision in preparing, formulating and filing for Federal Disability Retirement benefits from the Office of Personnel Management, should be made with the utmost of flexibility, if possible; but such flexibility and possible decision-making become more and more limited when one waits for external circumstances to intervene — i.e., the medical condition itself; the law; work circumstances; or a combination of all of the above.  Remember, most emergencies are self-made, and the destiny of one’s choices often depends upon thoughtful preparation at the beginning of a complex process.

Sincerely,

Robert R. McGill, Esquire