Last Updated on September 10, 2011
In preparing, formulating and filing for Federal Disability Retirement benefits from the Office of Personnel Management under either FERS or CSRS, the “clock” begins to run on the ability to even file, once a Federal or Postal employee has been officially separated from Federal Service.
By “officially separated”, does NOT mean the following: Being on LWOP does not begin to toll the statute of limitations; the date of injury does not begin the “1-year timeline”; being away from the job does not start the clock. What counts as the beginning of the 1-year statute of limitations is the effective date of being separated from Federal Service.
Such separation is normally accomplished by the Federal Agency and the Postal Service by (a) resignation or (b) an initiation of a proposed removal, then a decision on the proposed removal. In either event, the result of the action by either the Federal or Postal employee or the Agency, is the issuance of an SF 50, which reflects the personnel action performed by the Agency, effectively and officially separating the Federal or Postal employee from Federal Service.
Recognizing and knowing the date of separation from Federal Service is important in filing for Federal Disability Retirement benefits under FERS or CSRS, precisely because you only have one (1) year from the date of separation to file for such benefits. If you file after the date, unless you fall into a very specific and limited category of individuals, you will have forever lost your right to file for OPM Disability Retirement benefits under FERS or CSRS. You will likely have a “deferred retirement”, but your ability to file will have been lost forever.
Sincerely,
Robert R. McGill, Esquire