Opm Disability withdrawal Under Fers Or Csrs - The 1 Year Statute of Limitations

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The normal rule for filing a Federal Disability resignation application under the Federal Employees resignation system (Fers) or Civil aid resignation system (Csrs), is that a Federal or Postal worker must file the disability resignation application within one (1) year of being "separated from Federal Service." This is statutorily established in 5 U.S.C. 8337(b), where it specifically states that a claim may be received and reviewed by the Office of Personnel supervision "only if the application is filed with the Office before the worker or Member is separated from the aid or within 1 year thereafter," and in 5 C.F.R. ("Code of Federal Regulations") Section 844.201, "an application for disability resignation is timely only if it is filed with the employing agency before the worker or Member separates from service, or with the previous employing agency or Opm within 1 year thereafter." This is the "statutory rule" - as explicitly stated in "the law".

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As with all laws, however, there can be exceptions - not only as stated within the statute itself, but further, as modified by a Judge in a Federal Court. This latter "modification" and "interpretation" of a statute is foremost to know, in effect because such "organic interpretations" of the statute are just as much "law" as the statute itself. The statute itself allows for an exception to the "1-year rule" (that a Federal or Postal worker must file a Federal Disability resignation application under Fers or Csrs while in the employment of the Federal Government, or within one (1) year of being separated from Federal Service) - that exception being, that the Office of Personnel supervision may waive the 1-year statute of limitations "if the worker or Member is mentally incompetent on the date of disunion or within 1 year thereafter, in which case the individual or his or her representative must file the application with the previous employing agency or Opm within 1 year after the date the individual regains competency or a court appoints a fiduciary, whichever is earlier." In uncomplicated and practical terms, this means that if a person, within the time needed to file for Federal Disability resignation benefits, is committed to a psychiatric institution, then the 1-year rule does not start until the man regains his or her competency.

There is someone else exception to the 1-year rule, however, and it is this exception which is foremost to know. There are many times when a Federal or Postal worker is never informed of his or her disunion from the Federal Government or the Postal Service. Such individuals often supervene a similar pattern or paradigm: a Federal or Postal worker becomes injured or otherwise is medically unable to perform his or her job. He is found to be eligible for Federal Worker's compensation benefits (Department of Labor, Owcp benefits under Feca), and remains in the Federal aid while receiving Owcp benefits. A couple of years pass. Maybe more than a couple of years pass. The Agency, realizing that the Federal or Postal worker will not be returning, "separates" the individual from the aid of the Federal Government or the Postal Service.

The qoute occurs, however - and this qoute occurs way too often - when the Federal or Postal worker is never informed of the separation. Why does this occur? Mostly, because those on the Owcp rolls, after a time, get forgotten. Concurrently, because the Federal agency or the Postal aid needs to fill the "job slot" with a working individual, they naturally activate a standard Form 50 and detach the individual from Federal Service.

Indeed, this is in effect what happened in the case of Johnston v. Opm, 413 F.3d 1339 (U.S. Court of Appeals for the Federal Circuit, 2005), in which the Court granted a supplementary exception to the 1-year rule, declaring that the "one-year time duration set in 5 U.S.C. Section 8337(b) arises with the agency's announcement to the worker that he has been done for medical reasons." Furthermore, the Court in Johnston cited 5 C.F.R. Section 831.1205(b)(1), in which it states that when an agency "issues a decision to take off an employee...but the extraction is based on reasons apparently caused by a medical condition, the agency must advise the worker in writing of his or her potential eligibility for disability retirement." Emphasis is added to the word "apparently", because a Federal agency (and the Postal Service) will often fail to explicitly state that a man is being removed for a medical condition, even though all of the facts and circumstances surrounding a Federal or Postal employee's extraction clearly and irrefutably produce such a basis.

Where does all of this leave us? I receive numerous telephone calls by individuals who have been on the rolls of the Office of Worker's Compensation, who never filed for Federal Disability resignation benefits under Fers or Csrs. Further, they were never informed of being separated from Federal Service. Such previous Federal or Postal employees begin to request about filing for Federal Disability resignation benefits because he or she is getting indications that Owcp benefits will soon be terminated. Such imminent action upon Owcp benefits will often prompt the previous Federal or Postal worker to make some inquiries - and such inquiries often supervene in the discovery that he or she was separated from Federal aid some years before.

Is it too late to file for Federal Disability resignation benefits under Fers or Csrs? It all depends upon the single and unique facts and circumstances of each case. Whether a viable seminar can be made in any single case that a waiver of the "1-year rule" should be allowed, depends upon such unique facts and circumstances. Of course, it is the good alternative to not have to make such an argument, and to instead timely file for Federal Disability resignation benefits within 1 year of being separated from Federal Service, or while still with the agency. For all Federal and Postal employees, a cautious word to the wise: stay on top of your own case; make sure and meet the deadlines; file for your benefits under Fers & Csrs in a timely manner. If, however, you believe that you were never informed of being separated from Federal Service, but you are entitled to Federal Disability resignation benefits, you should look into it. It may not be too late.

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