Last Updated on April 28, 2011 by FERS Disability Attorney
The question is often asked whether a Federal or Postal employee is able to, allowed to, or can work, while filing for and awaiting a decision upon, a Federal Disability Retirement application under either FERS or CSRS from the Office of Personnel Management. The subtle distinctions to be made between “able”, “allowed” and “can”, of course, are done purposefully.
Within the medical restrictions, condition and extent of severity of the medical conditions, most Federal employees are able to continue to provide some level of productivity within his or her position with the Federal government.
Whether a Federal or Postal employee is allowed to work while having filed for Federal Disability Retirement benefits is a separate question, but for the most part, agencies allow the employee to continue working — sometimes in a light duty capacity (especially where certain essential elements of the job may pose a danger because of the medical restrictions imposed), but often in a temporarily reduced capacity. Thus, the “allowed” category is essentially up to each individual and independent agency, but for the most part agencies do allow Federal employees to continue to work.
The latter distinction — whether a Federal or Postal employee “can” work — is a hybrid of the previous two categories. Most Federal and Postal employees must work, out of economic necessity, and therefore will force themselves to continue to work as long as possible.
The Federal or Postal employee who can continue to work, will work, and can do so to the extent that the Federal Agency or the Postal Service will allow the employee to perform some, if not most, of the essential elements of one’s job. It should be a coordinated effort between the Agency and the employee who has shown his or her loyalty these past many years, but unfortunately such coordination breaks down somewhere during the process.
During the trying times of preparing, formulating, filing, then waiting for a decision on a Federal Disability Retirement application under FERS or CSRS, the time for an Agency to show that the concept of “loyalty” is a bilateral proposition should surface — if only for the time to complete the process.
Sincerely,
Robert R. McGill, Esquire