OPM Disability Retirement: Characterization of Administrative Actions

Last Updated on September 13, 2012

Administrative actions are a peculiar thing; from the perspective of the Agency, it will take on a certain meaning; from the view of the Federal or Postal employee, the context and underlying basis often has an explanation which is unspoken.  For purposes of how to address an administrative action in the context of a Federal Disability Retirement application, the issue often comes down to whether or not it is worthwhile to preemptively address the particular action.

Some administrative actions or sanctions can be viewed as reinforcing the medical argument in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, inasmuch as a removal based upon one’s inability to maintain a regular work schedule would tend to show that, if there are concurrent medical documentation which shows that a Federal or Postal employee was determined to be disabled during the time of one’s inability to work, then the argument obviously is that the basis for the removal merely shows that one is eligible and entitled to Federal Disability Retirement benefits.

Then, there are other agency allegations which may imply that a Federal or Postal employee’s separation from Federal service was primarily based upon a non-medical basis, and that filing for Federal Disability Retirement benefits was merely an afterthought to try and game the system.

Ultimately, whether a Federal or Postal employee wants to fight or contest an Agency action is a legal matter, and is often a separate issue from Federal Disability Retirement; sometimes, however, they intersect, and the characteristic of the impact of such intersection often depends upon how one explains it.

Sincerely,

Robert R. McGill, Esquire