Posted on March 25, 2011 in Administrative Law
In being eligible for a Federal Disability Retirement annuity from the Office of Personnel Management, one of the basic criteria which must be met for eligibility determination is that a medical condition, its symptomatologies and impact upon one’s ability/inability to perform the essential elements of one’s job, must last for a minimum of 12 months. As a practical matter, the medical condition normally lasts for much longer, and is quite often a chronic, progressively deteriorating condition. If the medical condition is expected to last for a short period of time, then the Federal or Postal employee must seriously consider whether filing for Federal Disability Retirement benefits is "worth it", inasmuch as it often takes 8 – 10 months to obtain an approval from the Office of Personnel Management for the First Stage of the process. As such, for most Federal and Postal employees who are contemplating preparing, formulating and filing a Federal Disability Retirement application under either FERS or CSRS, there is an implicit acknowledgement and understanding the the medical condition itself is one of chronicity, debilitating in nature, and often progressively deteriorating. The fact that a medical condition must last for a minimum of 12 months, however, does not mean that a Federal or Postal employee should wait for the 12 months to pass before filing for Federal Disability Retirement benefits. That would, upon reflection, be a cruel absurdity — to have to wait for 12 months, then to file and wait about 10 months before the Office of Personnel Management makes a decision, and all of this, only at the First Stage of the process. No — the legal standard is that the medical condition must be "expected" to last a minimum of 12 months; meaning, thereby, that a doctor can normally make a reasonable prognosis as to the duration, chronicity and future behavior of the medical condition; and this can normally be accomplished soon after the identification of a particular medical condition.
Sincerely, Robert R. McGill, Esquire
In being eligible for a Federal Disability Retirement annuity from the Office of Personnel Management, one of the basic criteria which must be met for eligibility determination is that a medical condition, its symptomatologies