FERS Disability

Last Updated on November 8, 2016 by FERS Disability Attorney

It is both an act, as well as a demeanor.  In the former sense, the fulfillment is accomplished by the actual tendering of an offer to terminate a business or contractual relationship, with a declarative statement of unequivocal certainty.  In the latter form, a feeling, a sense of foreboding, and a concession to life’s hardships.  In either case, it is an act of withdrawal, whether by action via terminal certitude or in the wasting away of the soul’s inner flame of light.

Resignation, submitted as an act of defiance to one’s employer or as a private tender of retreat, is a statement of definitive intent, and one that negates the living embrace of Being.  In political circles and parliamentary procedures, there is often involved a game of dare and a play of obfuscation, like card players in a high-stakes poker game where the tendering of a resignation letter is not expected to be accepted; yet, such attempts at bluffing possess moments of backfiring, with the resulting end to promising political careers because of the inability to foresee substance from play-acting, or want of proper timing.  Resigning, and for what purpose?

For Federal employees and U.S. Postal workers who are considering preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the question of resigning from one’s Federal job or Postal employment should always take on multiple questions and conditions of “why”, “when” and “what for”?

What is the reason; why resign; when should the resignation be tendered; and what is the reason for resigning?  Is it because the doctor has recommended such a course of action?  Will the agency refuse to extend the LWOP status during the process of awaiting a decision from the U.S. Office of Personnel Management?  Will it allow for access to TSP funds during the process, in order to survive financially?  Or are there other justifying, pragmatic considerations to factor into the decision-making process?

These, and many other considerations, should be discussed, evaluated and objectively defined, before a resignation is submitted to one’s agency or the U.S. Postal Service.  For, once the resignation is received, and an SF 50 is generated separating the Federal or Postal employee from Federal Service, then the 1-year Statute of Limitations begins to toll, where the (now former) Federal or Postal employee has one year from the date of separation from Federal Service to file for Federal Disability Retirement benefits, directly to the U.S. Office of Personnel Management.

Thus, there are direct and irreversible consequences in the tendering of a resignation in the first sense of the term; as for the alternate consideration – of a demeanor more suited for a change of circumstances – that is up to each individual to embrace, and determine in an existential sense that any resignation from life’s beauty and worth of being, must remain a choice left only to the unidentified tombstones of unvisited grounds where neither hallowed voices are heard, nor hushed silence interrupts.

Sincerely,

Robert R. McGill, Esquire