Is it an accident that so many federal and postal employees are unaware of the

benefit of "disability retirement" for FERS and CSRS employees?  Is it a

deliberate "conspiracy of silence" -- a benefit which exists but is not

trumpeted by the federal government for fear of the floodgates of applications

being opened?

More likely than not, there is another explanation:  the new federal

employee is neither concerned nor interested in a benefit which one neither

imagines nor foresees as a possible avenue of choice.  The general rule in

life is that the younger we are, the more invincible we believe we are; as one

grows older (or wiser and more mature, as we like to think), thoughts of our own

mortality and vulnerability become exponentially magnified.  Like so many

things in life, the very concepts of "disability" and "retirement" (leaving

aside the compounding and conjoining of the two terms) are far and removed --

until it becomes a living necessity.

When a medical condition begins to impact a federal or postal employee, it is

important to know that the benefit termed as "Federal Disability Retirement"

exists and is available.  It is a benefit which is part of the total

'employment package" when an individual becomes a federal or postal

employee.  Thus, when one needs to access such a benefit, one should never

think that there is something degrading or nefarious about applying for federal

disability retirement benefits -- it is not an attempt to "game the system"; it

is not a judgment upon the worth of an individual; it is not a conclusion to

one's life.  Rather, it is a recognition that:  (A) one suffers from a

medical condition, which (B) impacts and impedes one's ability to perform the

essential elements of one's federal or postal job, and (C) that one is no longer

a "good fit" for one's particular job. 

It does not mean that the federal or postal employee cannot be productive in

some other capacity; indeed, the statutes and regulations governing disability

retirement annuity payments allow for an individual to go out and become

employed in another, different job, so long as it is (1) substantially different

from the type of essential elements which prevented one from performing in the

previous job, and (2) one makes no greater than 80% of what the prior (Federal

or Postal) job currently pays.

Further, for purposes of determining minimum eligibility requirements, here

are some additional "basics":  To be eligible for a disability retirement

annuity under FERS or CSRS, a Federal or Postal employee must establish by a

preponderance of the evidence that:

(1) he or she has completed a minimum of 18 months of federal service (for

FERS employees) or five years (for CSRS employees which, presumably, all CSRS

employees already have the minimum eligible period of federal service);

(2) while employed in a position subject to FERS or CSRS, the federal or

postal employee becomes disabled because of a medical condition,  resulting

in a deficiency in performance, conduct, or attendance, or, absent such

deficiency, the medical condition must be incompatible with either useful and

efficient service or retention in the position;

(3) the disabling medical condition is expected to continue for at least one

year from the date the application is filed; and

(4) accommodation of the disabling medical condition in the appellant's

former position or in an existing vacant position must be unable to be

accomplished by the agency.  5 U.S.C. § 8337(a); 5 C.F.R. §

831.1203(a).

The above set of legal criteria constitute the "basics" of eligibility. 

Certain other elements should also be kept in mind: 

The federal employee need not prove that he or she is "totally disabled";

rather, the standard of proof which must be met is to merely show that he or she

is unable, because of disease or injury, to render useful and efficient service

in the position occupied.   

Further, it is important to understand that "causality" is not an issue in

federal disability retirement law  -- unlike federal worker's compensation

(OWCP).  This is because, to be eligible for disability retirement

benefits, you don't need to have an "on-the-job" injury, or suffer from an

occupational disease or illness.  You can be playing touch football in your

backyard and break your leg, and if the condition of your medical disability

lasts for at least a year, and prevents you from performing the essential

elements of your job, then you are eligible for federal disability retirement

benefits.

One additional - but very important - point which must be considered in

filing for federal disability retirement benefits.   First, one does

not need to be separated from service in order to file for disability

retirement.  However, if a federal or postal employee is separated from

service, that employee has only up to one (1) year to file for federal

disability retirement benefits.  If you don't file within one (1) year of

being separated from service, you have lost the right to apply for such benefits

forever. 

Further, if a separation of service occurs, it is best to attempt to

negotiate with the Agency to have the separation characterized as one based upon

a medical reason -- either explicitly ("separation is based upon your medical

inability to perform your job") or implicitly ("separation is based upon

excessive absences," combined with a reference in the proposed removal to

medical conditions implying that the absences resulted from one's medical

conditions).   I have written many articles as to why it is important

to obtain a separation from the federal service based upon one's inability to

perform one's job.  It is for the sake of securing what is known as the

"Bruner Presumption".

The "Bruner Presumption" is so named from a Federal Circuit Court case, style="TEXT-DECORATION: underline">Bruner v. style="TEXT-DECORATION: underline">Office of Personnel Management, 996

F.2d 290 (Fed. Cir. 1993).   It essentially stands for the proposition

that, if a federal employee under FERS or CSRS is removed for his or her medical

inability to perform the duties of his or her position, that such a specified

removal constitutes "prima facie" evidence of entitlement to disability

retirement.  This legalese simply means that it makes it harder for the

Office of Personnel Management to deny a disability retirement

application.  However, always remember that it is still, even with the

Bruner Presumption, the responsibility of the applicant to show that he

or she is entitled to disability retirement benefits -- by having the necessary

medical documentation showing that you cannot perform the essential elements of

the job. 

Like life insurance and health insurance, the fine print and details of the

contractual benefits are often "out of sight" and "out of mind" -- until the

necessity arises.  Federal disability retirement benefits are rarely

considered until the need arises.  It is a benefit accorded to all federal

and postal employees, and is part of the "employment package" -- the totality of

compensatory benefits. 

Placed on a linear spectrum, when an employee begins his or her federal

career, disability retirement benefits are merely an irrelevancy to set aside

for those unnamed and faceless "old folks"; as one moves along the linear

spectrum of life and career, however, and medical conditions develop over time,

the benefits of a disability retirement annuity become magnified in

importance.  A lifetime of working to obtain a semblance of financial

security need not become devastated because of a medical condition.  A

disability retirement annuity allows for a certain level of financial security -

and secures a "fresh start" of productivity in allowing for a second career and

a different occupation.  While "out of sight" for today, it is nevertheless

a benefit to be mindful of for the future.

About the Author

Robert R. McGill is an attorney who specializes in federal disability

retirement, a practice area he dedicates 100% of his time helping Federal and

Postal workers secure their disability retirement benefits under both FERS and

CSRS. For more information about his legal services, publications and forum,

please visit his CSRS

and FERS Disability Retirement Website.