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OWCP, FERS Disability Retirement, and the Deception of Temptation


OWCP, FERS Disability Retirement, and the Deception of Temptation

It has happened several times before; is continuing to occur every day; and will continue to entice unwary U.S. Government and Postal Service employees throughout the nation, throughout the year, and coalesce into a tragedy of errors — without any laughable value involved.

For Federal Government employees who become comfortably ensconced in the higher amount of monetary compensation received from the U.S. Office of Worker’s Compensation Program (5 U.S.C. 8101-8150, 8191-8193), administered through the U.S. Department of Labor, under the Federal Employees Compensation Act, the notification (or not) of one’s separation from the agency’s rolls may come at a time when the Federal or Postal worker is distracted with more important problems at hand: personal matters; medical complications; perhaps just trying to get through each and every day within the traumatic universe of chronic pain or severe depression

From the Federal Agency’s viewpoint, the notification of separation from Civil Service, or termination of employment from the U.S. Postal Service, is just another administrative detail to close out a personnel file — just another name to be deleted, with expectations of a future replacement for a particular Federal or Postal Service position.  

From the Federal Government or Postal Service employee’s standpoint, it represents one’s life, career, end of a vocation which he or she has worked so hard for — and, quite possibly, the foregoing of an important disability benefit (See FERS 5 USC § 8452 Computation of disability annuity) if the Federal or Postal employee is unaware, or not made clearly aware, that the Federal or Postal worker only has one year from the date of separation from Civil or Postal service, whether you are on OWCP rolls or not, to file for FERS Disability Retirement benefits from the U.S. Office of Personnel Management.  

Financial compensation from OWCP can be very tempting and lull one into a false sense of security.  Unfortunately, the day may come when the U.S. Department of Labor terminates such disability payments; at that point, if the one-year period has passed, you no longer have the option of filing for OPM Disability Retirement benefits.  The deceptive temptation of OWCP disability benefits may have some irreversible consequences.  Be aware and careful of them.  

Sincerely, 

Robert R. McGill, Esquire


Photo Credit: designer491 from iStock


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