USPS last-mile workers bear the brunt of an unforgiving environment as well as harsh and relentless schedules. Still, they carry out their duties until one day, that gnawing shoulder pain can no longer be wished away. At the same time, their supervisor calls them and other workers in with some shocking news – their facility is being consolidated, and operations are moving 100 miles away.

All of a sudden, you’re presented with a choice – you either take an available position, or you separate from the agency. Since relocation isn’t possible, what with your family and ties to your current town, you accept separation and begrudgingly accept that your federal career has reached its terminal end.

Seven months later, the shoulder pain is assessed by a doctor because you simply cannot use that arm, and the condition seems not to be letting up, and you’re told you have a shoulder tendon tear and that it may require extensive surgery, with no guarantees as to whether it will function normally after recovery. This, as well as the job separation, triggers major depressive disorder, and as you face possible total disability, you assume that there is nothing OPM can do for you since you left federal service out of your own volition and that your condition only got worse or became known after you did so.

This couldn’t be further from the truth. It is important to note that departure from an agency after it is shut down does not constitute voluntary departure, but a constructive discharge, which is a separation caused by agency action, and not yours. Therefore, when a disabling condition occurs within a reasonable timeframe after that separation, and it was caused or exacerbated by your federal employment, you may still be eligible for FERS disability retirement. If you were separated on account of an agency shutdown, relocation, or consolidation, read on to find out how our best FERS disability retirement benefits attorneys can help you secure your benefits by creating a solid, bulletproof case on your behalf.

Are you looking for the best federal disability retirement attorney? Please call us NOW at (314) 481-63338 to learn more about your legal options. The experienced FERS Disability attorneys at McCready Law focus exclusively on representing injured and ill federal employees, with deep expertise in the complex intersection of agency restructuring and disability rights. Our attorneys handle claims nationwide, and we have unparalleled experience navigating OPM’s review of cases involving constructive discharges and post-separation disabilities.

At McCready Law, we understand the injustice of being forced out by agency action and then becoming disabled with nowhere to turn. We offer flexible fee arrangements that we can discuss. Our fees are reviewed by OPM prior to commencing your representation to ensure they are fair and reasonable, leaving you with the resources needed to focus on your health. If you were separated due to an agency shutdown, consolidation, or relocation and later became disabled, please give us a call TODAY at (314) 481-63338 for a 100% FREE legal consultation with one of our best federal disability attorneys—our intake team is standing by.

What’s the Difference Between Voluntary and Involuntary Separation in USPS Workers

It is important to understand the difference between voluntary and involuntary separation according to FECA. The law states that your becoming disabled while employed qualifies you for FERS disability benefits. MSB, or the Merit Systems Protection Board, has always been of the opinion that separation caused by agency action is not voluntary, but a constructive discharge where your hand was forced by the circumstances created by the agency. It is also important to note that the FERS disability benefits filing deadline runs from the date of your disability or when you were reasonably expected to have found out about the same, and goes on for approximately a year, as long as you can show your disability was caused or exacerbated by your federal employment.

I Was Separated from Work as a USPS Last Mile Worker – Can I Still Receive Benefits?

Winning a FERS Disability claim arising out of post-separation disability requires that you:

1. Document the involuntary separation by obtaining records of the shutdown or relocation; notices, emails, official announcements, and so on will help in building a coherent and factual narrative, showing that your separation wasn’t voluntary. In addition, document why moving when you were offered relocation wasn’t possible; children’s schooling, family responsibilities, and paying a mortgage in a house you’ve lived in for over twenty years
2. Ensure to obtain medical records from your days of employment showing any complaints, symptoms, and treatment related to the condition, which then became disabling later on. Therefore, save all your hospital receipts, doctors’ notes, and so on proving that the condition was present at the time of your employment
3. Ensure to also obtain comprehensive medical records from your separation period relating to your diagnosis, treatment, and functional limitations arising out of your condition. With our assistance, we will ask that your physician provide a narrative, fact-based report as to why your condition became disabling and how it was impossible to work again.
4. The physician should also make a logical connection between your condition and the work circumstance that caused it. For example, lugging heavy satchels filled with packages for over a decade can and does have a negative effect on the shoulder tendons and structures, leading to conditions such as rotator cuff tears and tendinitis

Best Nationwide FERS Disability Attorneys — Call Us Today!

If you were separated from the Postal Service due to an agency shutdown, consolidation, or relocation and later became disabled, do not assume you are ineligible for disability retirement. The law is complex, but it provides a path. McCready Law has your back — simply give us a call NOW at (314) 481-63338 so we can speak with one of our experienced and attentive federal disability attorneys. Remember, the call is 100% FREE, and there is no obligation. Thank you for choosing McCready Law.