Dual status FERS disability


Q. I am a dual status military technician in the National Guard. In March, I was deemed medically unable to maintain membership in the Guard, and retired militarily. Because I was disqualified from service, I submitted my packet to the Office of Personnel Management requesting disability retirement. I was denied, of course, because my condition was not workers’ compensation-related. On June 26, I received that notification and was informed that my packet was now under review for a “special provisions” disability retirement.  That letter also stated it would take two to six months before a decision was made. Six days later, my state human resources office informed me that I had to select a retirement date before the end of the next pay period, effectively giving me 10 days notice before I lose employment. Is that legal even though OPM stated it would be two to six months?

A. Yes.


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