Federal Disability Retirement: The Simplicity of the Complex - Administrative Law Legal Blogs Posted by Robert R. McGill - Lawyers.com

Federal Disability Retirement: The Simplicity of the Complex

  It is not the forms which make it complex — although, the instructions which accompany the filling out of the Standard Forms make it appear more convoluted than necessary.  Federal Disability Retirement for FERS & CSRS employees of the Federal Government and the U.S. Postal Service is actually quite simple in conceptual terms, and in the process of attempting to win an approval from the Office of Personnel Management, we encounter the complexity of the entire administrative process, thereby overlooking the simplicity of the actual law underlying the process. That is why it is often a good idea to periodically pause and "go back to basics" before moving forward on a disability retirement application.  As stated multiple times, disability retirement is essentially the linking of a "nexus" between one’s medical conditions, and one’s Federal or Postal position.  By "linking" is meant the following:  Does the medical condition from which one suffers prevent one from performing one or more of the essential elements of one’s job?  If the answer to the question is "yes", then you have passed the preliminary, fundamental, preconditional question. The next question, or series of questions, of course, include the following:  Do you have the minimum of 18 months of Federal Service (for CSRS individuals, 5 years)?  Do you have a supportive doctor?  Will your medical condition last for at least 1 year?  These are just some of the basic, preliminary questions to ask, before considering the option of filing for Federal Disability retirement benefits.  The questions and answers themselves are simple; as one gets more and more involved in the process, they become, in combination, procedurally and substantively a complex issue of meeting the legal criteria for approval.  Underlying it all is a simple conceptual basis; the complexity comes in applying the law.

Sincerely, Robert R. McGill, Esquire

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Robert R. McGill

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Licensed since 1988

Member at firm Robert R. McGill

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Champion Badge Platinum

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