Can absence, alone, be enough to qualify a Postal or Federal Employee for FERS or CSRS disability retirement through OPM?
Generally, no. In many situations, a Postal worker or Federal employee’s medical condition is so severe that they cannot even attempt the attendance required of them. In this cases, the employee’s absence from work due to a medical condition will be a factor in deciding whether the federal disability retirement applicant is eligible for disability retirement benefits. However, there will usually need to be corroborating evidence that establishes that the Federal employee or postal worker has some impaired performance of his or her work duties.
This corroborating evidence need not be overwhelming or substantial, but it does need to be persuasive evidence that the root cause of the attendance is the disabling medical condition; otherwise, the evidence will likely lead OPM and/or the MSPB to conclude that the root cause for the inability to perform is the failure to attend work.
No post on this website is legal advice, is meant to be legal advice, and certainly does not serve as a substitute for legal advice. Information is power, and we are providing this information to give you, the federal employee or postal worker, with some power. This information is not widely or easily accessible to Federal Employees or postal workers.
The Law Office of Eric Pines represents Federal employees under FERS or CSRS in their applications for federal disability retirement to OPM. If an application for federal disability retirementis denied, the Firm represents Federal employees under both FERS and CSRS in their MSPB appeals of denials of federal disability retirement applications by OPM.
It is best to consult with a lawyer familiar with Merit Systems Protection Board (MSPB) and federal disability retirement appeals to discuss the facts and law of your particular case. If you are an employee of the USPS, or a Federal employee under FERS or CSRS, and are considering applying for Federal Disability Retirement to OPM, or would like to discuss your application for federal disability retirement, under FERS or CSRS, or OPM’s denial of your applications for federal disability retirement benefits under FERS or CSRS, contact an MSPB attorney or a Federal Disability Retirement Lawyer at the Law Office of Eric Pines to schedule a telephone consultation.