Federal Disability Retirement under FERS & CSRS: The Agency, FMLA and LWOP

Because filing for Federal Disability Retirement is a process which may take 6 – 8 months, and sometimes longer, there is always the question of what the Agency will do during this time.  Of course, a Federal or Postal employee will often continue to work for as long as possible, and for as many days during each enduring week as possible, in order to survive economically during the process of preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS.  The medical condition itself, however, will often dictate the feasibility of attempting to continue to work.  During this period, a Federal or Postal employee may have limited options — especially when Sick Leave and Annual Leave have been exhausted.  Protection by filing under the Family and Medical Leave Act (FMLA) will accord temporary protection and a buffer against a demanding agency.  A further request to be placed on LWOP beyond the 12 weeks which FMLA will allow for, will often be granted at the discretion of the Agency.  If an agency places one in AWOL status, such an action by the Agency should be countered with documentation from one’s doctor which justifies the continued absence of the Federal or Postal employee.  Unfortunately, there is often no clear answer to the question, "What if my agency fails to cooperate while I am filing for Federal Disability Retirement?"  There are only responsive steps to take in order to protect the ultimate goal — that of obtaining an approval from the Office of Personnel Management.  

Sincerely, Robert R. McGill, Esquire

Because filing for Federal Disability Retirement is a process which may take 6 – 8 months, and sometimes longer, there is always the question of what the Agency will do during this time.  Of course, a Federal or Postal employee will often continue to work

View Attorney Profile

Robert R. McGill

Licensed since 1988

Member at firm Robert R. McGill

AWARDS

Champion Badge Platinum

RECENT POSTS

  • FERS OPM Disability Retirement: Similar Lives
    Posted on October 16, 2019
    Topic: Administrative Law

        Dissimilarity is what threatens us; similarity — the notion that there are shared, common characteristics between you and I — provides for an acceptable level of comfort and security. When we learn about the lives of the “rich and famous”, other than feeling some sense of envy, we can still imagine enough similarity ... Read more

  • FERS OPM Disability Retirement: The Albatross
    Posted on October 15, 2019
    Topic: Administrative Law

         The reference is likely outdated. One doesn’t hear of the phrase, anymore, that “X is like an albatross around my neck.” If it is referenced at all, one is likely to witness everyone standing around within earshot to whip out their smartphones and Google it, to find: Literally a large sea bird. The ... Read more

  • FERS OPM Disability Retirement: What we Seek
    Posted on October 14, 2019
    Topic: Administrative Law

         Can everyone’s desire be placed under a single rubric, a single conceptual umbrella which captures the essence of human want? Is it happiness we all seek? A sense of security, or perhaps of joy, contentment, peace or love? And if we were to all agree concerning the single most important goal for which ... Read more

Robert R. McGill

Licensed since 1988

Member at firm Robert R. McGill

AWARDS

Champion Badge Platinum

RECENT POSTS

  • FERS OPM Disability Retirement: Similar Lives
    Posted on October 16, 2019
    Topic: Administrative Law

        Dissimilarity is what threatens us; similarity — the notion that there are shared, common characteristics between you and I — provides for an acceptable level of comfort and security. When we learn about the lives of the “rich and famous”, other than feeling some sense of envy, we can still imagine enough similarity ... Read more

  • FERS OPM Disability Retirement: The Albatross
    Posted on October 15, 2019
    Topic: Administrative Law

         The reference is likely outdated. One doesn’t hear of the phrase, anymore, that “X is like an albatross around my neck.” If it is referenced at all, one is likely to witness everyone standing around within earshot to whip out their smartphones and Google it, to find: Literally a large sea bird. The ... Read more

  • FERS OPM Disability Retirement: What we Seek
    Posted on October 14, 2019
    Topic: Administrative Law

         Can everyone’s desire be placed under a single rubric, a single conceptual umbrella which captures the essence of human want? Is it happiness we all seek? A sense of security, or perhaps of joy, contentment, peace or love? And if we were to all agree concerning the single most important goal for which ... Read more