FERS & CSRS Federal Disability Retirement from the Office of Personnel Management: To Resign, or Not - Administrative Law Legal Blogs Posted by Robert R. McGill - Lawyers.com

FERS & CSRS Federal Disability Retirement from the Office of Personnel Management: To Resign, or Not

The question of whether a Federal or Postal employee should (or should not) resign from the job is one which cannot be answered in a vacuum.  Various considerations should be taken into account, but generally speaking, the rule of thumb which the undersigned writer poses in any circumstance is:  What is the compelling reason to do so, such that by resigning, one triggers the Statute of Limitations on filing for Federal Disability Retirement?  Certainly, there are dire circumstances which may necessitate a resignation: being able to access TSP funds because one cannot work because of one’s medical conditions, and one has no other means of support during the process; a pending non-medical adverse action which cannot reasonably be argued against, which may collaterally impact a Federal Disability Retirement application, with a settlement choice to resign for "medical reasons"; and some similar factual scenarios which may indeed warrant and dictate a resignation.  On the other hand, by remaining on the rolls of the Federal sector job, there are multiple advantages which may unfold for the future, including the assertion of the Bruner Presumption when the Federal Agency realizes that the Federal Disability Retirement package clearly shows an inability to perform one or more of the essential elements of one’s job and proceeds to remove the Federal or Postal worker based upon the medical inability to perform; a lack of triggering the Statute of Limitations, thereby extending the timeframe for multiple future attempts in filing for Federal Disability Retirement benefits; and other issues which need to be considered.  Resignation is an event of certainty, with no reversal; and in all such certainties, it should be done only if compelled by circumstances, facts and considered thoughtfulness.

Sincerely, Robert R. McGill, Esquire

The question of whether a Federal or Postal employee should (or should not) resign from the job is one which cannot be answered in a vacuum.  Various considerations should be taken into account, but generally speaking, the rule of thumb which

View Attorney Profile

Robert R. McGill

Licensed since 1988

Member at firm Robert R. McGill

AWARDS

Champion Badge Platinum

RECENT POSTS

  • FERS OPM Medical Retirement: Lost Causes
    Posted on August 17, 2019

         It is that famous line from the 1939 movie, “Mr. Smith Goes to Washington” which is evoked by the phrase, “Lost Causes” — of the near-defeated Senator Smith who reminds his father’s old friend that once upon a time, even he had believed that such were the only ones worth fighting for. It ... Read more

  • FERS OPM Medical Retirement: Implicit and Explicit
    Posted on August 16, 2019

         Say a person is playing golf, hits the ball badly and yells out loudly, “Fore!” In his mind, however, the individual has the word spelled wrongly — say, as “Four” or “For”, or any number of alternative ways. When first heard, he had thought that it was spelled in the commonplace, conventional way. ... Read more

  • FERS OPM Medical Retirement: The Stress Test
    Posted on August 15, 2019

         It is meant to determine the vulnerability of structural foundations, or to gauge whether, under certain extreme circumstances, it will withstand catastrophic levels of pressure for safety and soundness. Distress triggers the ultimate test; and whether a breaking point can be established is always a fear — of how low or high, and ... Read more

Robert R. McGill

Licensed since 1988

Member at firm Robert R. McGill

AWARDS

Champion Badge Platinum

RECENT POSTS

  • FERS OPM Medical Retirement: Lost Causes
    Posted on August 17, 2019

         It is that famous line from the 1939 movie, “Mr. Smith Goes to Washington” which is evoked by the phrase, “Lost Causes” — of the near-defeated Senator Smith who reminds his father’s old friend that once upon a time, even he had believed that such were the only ones worth fighting for. It ... Read more

  • FERS OPM Medical Retirement: Implicit and Explicit
    Posted on August 16, 2019

         Say a person is playing golf, hits the ball badly and yells out loudly, “Fore!” In his mind, however, the individual has the word spelled wrongly — say, as “Four” or “For”, or any number of alternative ways. When first heard, he had thought that it was spelled in the commonplace, conventional way. ... Read more

  • FERS OPM Medical Retirement: The Stress Test
    Posted on August 15, 2019

         It is meant to determine the vulnerability of structural foundations, or to gauge whether, under certain extreme circumstances, it will withstand catastrophic levels of pressure for safety and soundness. Distress triggers the ultimate test; and whether a breaking point can be established is always a fear — of how low or high, and ... Read more