Posted on July 27, 2011 in Administrative Law
A number of recent telephone calls clearly reveal that the abundance of erroneous information "out there" or disseminated by Union officials, Human Resource personnel, agency personnel, supervisors, coworkers, etc., continues unabated. Ultimately, of course, the responsibility for acting upon information gathered — erroneous or not — is placed upon the individual who seeks out such information. The problem, as always, is that reliance upon erroneous information can result in irreversible consequences. For example: In preparing, formulating and filing a Federal Disability Retirement application under FERS (CSRS is exempted from this particular "requirement"), must one receive a denial from the Social Security Administration before one can file a Federal Disability Retirement application under FERS or CSRS? Must a Federal or Postal employee be separated from Federal Service for at least 6 months before filing for SSDI benefits? Must SSDI be approved by the Social Security Administration prior to filing for Federal Disability Retirement benefits under FERS? The common thread and answer to all three of the questions posed: No. The consequences of relying upon a "yes" answer, or information which either explicitly or implicitly implies that there is a precondition requirement of filing for SSDI before the Office of Personnel Management will accept and consider a Federal Disability Retirement application under FERS? Delaying of preparing and filing for FERS Disability Retirement until a week before the 1-year Statute of Limitations was about the expire. The fact is that the Office of Personnel Management doesn’t much care about whether or not a FERS Federal Disability Retirement applicant filed for SSDI or not, until the time of approval of a Federal Disability Retirement application. For, the only issue between FERS Disability Retirement and SSDI is a monetary one — whether an offset will occur between the two sources of annuities. One other point: When a caller argues, stating: "But that’s not what X said…" You can believe whomever you wish; just check out the source, consider the reliability of the source, and determine the consequences of such reliance.
Sincerely, Robert R. McGill, Esquire
A number of recent telephone calls clearly reveal that the abundance of erroneous information "out there" or disseminated by Union officials, Human Resource personnel, agency personnel, supervisors, coworkers, etc., continues unabated.