OPM Disability Retirement: It Is a Medical Issue

If a Federal or Postal Employee is still on the rolls of the Agency, or if you have not been separated from service for more than 31 days, then the disability retirement application must be routed through your agency before […] Read More …

CSRS & FERS Disability: Perennial Issues

Like perennial plants, some issues continue to repeatedly crop up; once planted, they keep showing up in various question-forms. The one which needs to be addressed, again, is the “1-year” issue: there are actually two (2) questions which keep resurrecting […] Read More …

CSRS & FERS Disability Retirement: Confusion About The 1-year Rule

I am receiving too many questions about certain issues, which leads me to believe that a clarification is again in order. First, concerning the Statute of Limitations on filing for Federal disability retirement benefits. […] Read More …

OPM Federal Disability Retirement: The Emergency Filing

On the desk of one of the Circuit Court clerks, in an adjacent county, is a sign which reads: “The fact that you waited until today does not make it into my emergency.” Those who stand in line to file an emergency pleading, […] Read More …

OPM Disability Retirement: Clarification of Issues for FERS & CSRS Employees

In moderating the Martindale-Hubbell Message Board for Federal Disability Retirement Issues, two areas of law need clarification for those out there contemplating filing for Federal Disability Retirement under FERS or CSRS: First, the issue of whether a potential applicant needs to wait to be separated from Federal Service in order to obtain the “Bruner Presumption“, Read More …

FERS & CSRS Disability Retirement: Don’t Rely Upon the Waiver Statute to Be Able To File

If an individual fails to file for Federal disability retirement within one (1) year of being separated from Federal Service, he/she loses the right to file forever, unless the individual is able to show mental incompetency – and that is indeed a very high standard to meet. The relevant statutory provision is found at 5 Read More …

FERS & CSRS Disability Retirement: Remember the Basics

Time goes by too quickly; Christmas, New Years, winter — and now the dawn of Spring approaches; and the timeline of 12 months from the time one is separated from Federal Service can suddenly come and go; prospectively, 12 months can seem like a sufficient amount of time; retrospectively, when 10 months passes by and Read More …

Reminder: Statue of Limitations on Filing for FERS & CSRS Federal Disability Retirement

At various times, in various forums, I have noted some confusion on the issue of when an individual can/must file for disability retirement, so I want to clarify some of the issues. Confusion #1: Do you have to wait 1 year in order to file for Federal dislability retirement? The answer is “No” — the Read More …

Federal and Postal Workers: Things You Shouldn’t Do When Filing For CSRS or FERS Disability Retirement

First, a quick clarification: I have had periodic calls concerning the time-frame in filing for disability retirement. The Statute of Limitations in filing for disability retirement is one year from the date you are separated from Federal Service — not from the date you were injured, or from the time you stopped working, etc. Next, Read More …