Disability Retirement for Federal Workers: Utilizing those “Tools”

Last Updated on January 28, 2023

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 right or 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.

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 FERS Disability Retirement, 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