FERS & CSRS Disability Retirement for Federal and USPS Workers: The 31-day Rule

Once a Federal Disability Retirement application has been prepared and formulated, the next step in the equation is to determine the proper destination for filing.

For all Federal and Postal employees, whether under FERS or CSRS, if one is still on the rolls of the agency, whether on Sick Leave, Annual Leave, receiving donated leave, or on LWOP, if separation from service has not occurred, then the Disability Retirement packet must go through either the local or district Human Resources Office of the Agency for further processing.  The Office of Personnel Management will not accept a Federal Disability Retirement application directly from the applicant, if the Federal or Postal worker filing for such benefits has not yet been separated from Federal Service.

For Postal employees, a further caveat concerning “separation” should be taken into account:  Often, the U.S. Postal Service will continue to retain workers on the rolls, even after proposing to remove them, and often even after issuing a decision letter on a removal.  A good indicator as to whether a Postal Worker is still on the rolls of the U.S. Postal Service is if the individual is still receiving “0” balance pay stubs.  This likely means that the person is still officially “on the rolls” of the U.S. Postal Service.

Further, while many Federal (non-postal) workers continue to have the benefit of a local Human Resources Office, or an assigned district H.R. Office, for the U.S. Postal Service employee, all Federal Disability Retirement applications must be processed through the H.R. Shared Services Center in Greensboro, N.C.

If a person has been separated from Federal Service for more than thirty one (31) days, then the former Federal or Postal Worker must file his or her Federal Disability Retirement application directly with the U.S. Office of Personnel Management.

Thus, the first priority is to prepare and formulate a Federal Disability Retirement application; next, to ensure compliance with the 1-year statute of limitations; and finally, to file it via the proper channels.

Sincerely,

Robert R. McGill, Esquire

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