FERS Disability

Last Updated on September 6, 2010 by FERS Disability Attorney

To the question, “What disabilities do you have?” or “What medical conditions do you suffer from?” — is often the answer, “I have reached MMI” or “I have been 20% permanently rated”, or even “I am being considered for unemployability”.  These are all good answers — in the proper context, in the proper forum, for the proper administrative procedures.  The old adage, “Everything in its place; everything in its time” becomes applicable in filing for Federal Disability Retirement benefits under FERS or CSRS.  

While such rating decisions by other agencies and entities may be relevant for a particular purpose, within a specific context, for the purpose of the sought-after benefit from a Federal Agency, one must always understand that the administrative procedure known as Federal Disability Retirement under FERS or CSRS, for Federal and Postal employees who are impacted by one or more medical conditions, and who cannot perform one or more of the essential elements of one’s particular kind of job in the Federal or Postal System — that there are individualized rules, regulations and legal precedents.  While the tools used in one context, for one benefit, may be adapted and tailored for the Federal Disability Retirement process, the utilization of such tools must be independently assessed, and characterized in an effective, context-valid manner.

Sincerely, Robert R. McGill, Esquire