In a recent decision, Creasy v. Office of Personnel Management, MSPB Docket No. DC-831-07-0074-I-1 (September 21, 2007), the Merit Systems Protection Board (MSPB) found that Mr. Creasy was mentally incompetent and therefore waived the deadline for filing and remanded the case to the Office of Personnel Management (OPM).
Mr. Creasy was a Crane Operator Supervisor with the Department of the Navy who resigned in January 2002. In October 2004, Mr. Creasy was admitted to a hospital after an episode of strange behavior, and in April 2005, was readmitted when he stopped taking medication and began to show signs of paranoia, lethargy, auditory hallucinations and erratic behavior. In August 2005, Mr. Creasy, with the assistance of his sister, filed an application for disability retirement benefits under the Civil Service Retirement System (CSRS), citing medical, as well as mental health problems. Mr. Creasy’s application was denied on the grounds that he did not apply within a year of his separation from service.
Federal employees who wish to apply for disability retirement must do so within one year after the date of the employee’s separation from federal service. The deadline for applying for disability retirement is waived only if the employee was mentally incompetent to file within the time frame for filing.
In French v. Office of Personnel Management, 810 F2d 1118 (Fed. Cir. 1987), the MSPB explained to meet the standard for mental incompetence an employee must show that s/he was unable to handle her/his personal affairs because of mental disease or injury. While it is not necessary that the employee is committed to a mental institution to meet the mental incompetence standard, this standard is still not easily met. To determine whether an employee met the standard for mental incompetence, the Board requires the submission of medical evidence to support the employee's assertion that s/he is mentally incompetent.
In support of his case, Mr. Creasy presented not only medical evidence of his mental health condition, but also statements by family members and friends who had witnessed his mental and physical decline. The Board found that the Administrative Judge (AJ) had not give sufficient weight to the testimony of Mr. Creasy’s doctor, and discounted the doctor’s conclusions based upon the AJ’s own reading of the DSM-IV-TR. The Board determined that the AJ, not being a medical doctor, could not override the doctor’s professional conclusion with her own interpretation of the DSM-IV-TR. The Board remanded Mr. Creasy’s case to OPM for a determination on the merits of Mr. Creasy’s application for disability retirement.
For Federal employees who are interested in more information regarding disability retirement, the Office of Personnel Management is a very good place to start. Employees who are qualified under CSRS can find information on this website, and employees who are qualified under FERS can find information on this website. The regulations regarding the application deadline for disability retirement can be found at 5 U.S.C. 8337(b) for employees under the Civil Service Retirement System (CSRS) and 5 U.S.C. 8453 for employees under the Federal Employees’ Retirement System (FERS). To schedule a consultation to discuss disability retirement issues, please contact Ms. Whitfield at 301-869-8774, or use the online consultation request.
This blog is not intended to provide legal advice or representation, but rather to provide very general information regarding a variety of subject areas. The viewing of the information contained on this blog does not create or establish an attorney-client relationship. Further, this information should not be relied upon without first consulting with an attorney regarding your specific situation. To arrange a consultation with the Law Offices of Lynette A. Whitfield, LLC, please call 301.869.8774, or click here to make your request for a consultation via my webpage.
Mr. Creasy was a Crane Operator Supervisor with the Department of the Navy who resigned in January 2002. In October 2004, Mr. Creasy was admitted to a hospital after an episode of strange behavior, and in April 2005, was readmitted when he stopped taking medication and began to show signs of paranoia, lethargy, auditory hallucinations and erratic behavior. In August 2005, Mr. Creasy, with the assistance of his sister, filed an application for disability retirement benefits under the Civil Service Retirement System (CSRS), citing medical, as well as mental health problems. Mr. Creasy’s application was denied on the grounds that he did not apply within a year of his separation from service.
Federal employees who wish to apply for disability retirement must do so within one year after the date of the employee’s separation from federal service. The deadline for applying for disability retirement is waived only if the employee was mentally incompetent to file within the time frame for filing.
In French v. Office of Personnel Management, 810 F2d 1118 (Fed. Cir. 1987), the MSPB explained to meet the standard for mental incompetence an employee must show that s/he was unable to handle her/his personal affairs because of mental disease or injury. While it is not necessary that the employee is committed to a mental institution to meet the mental incompetence standard, this standard is still not easily met. To determine whether an employee met the standard for mental incompetence, the Board requires the submission of medical evidence to support the employee's assertion that s/he is mentally incompetent.
In support of his case, Mr. Creasy presented not only medical evidence of his mental health condition, but also statements by family members and friends who had witnessed his mental and physical decline. The Board found that the Administrative Judge (AJ) had not give sufficient weight to the testimony of Mr. Creasy’s doctor, and discounted the doctor’s conclusions based upon the AJ’s own reading of the DSM-IV-TR. The Board determined that the AJ, not being a medical doctor, could not override the doctor’s professional conclusion with her own interpretation of the DSM-IV-TR. The Board remanded Mr. Creasy’s case to OPM for a determination on the merits of Mr. Creasy’s application for disability retirement.
For Federal employees who are interested in more information regarding disability retirement, the Office of Personnel Management is a very good place to start. Employees who are qualified under CSRS can find information on this website, and employees who are qualified under FERS can find information on this website. The regulations regarding the application deadline for disability retirement can be found at 5 U.S.C. 8337(b) for employees under the Civil Service Retirement System (CSRS) and 5 U.S.C. 8453 for employees under the Federal Employees’ Retirement System (FERS). To schedule a consultation to discuss disability retirement issues, please contact Ms. Whitfield at 301-869-8774, or use the online consultation request.
This blog is not intended to provide legal advice or representation, but rather to provide very general information regarding a variety of subject areas. The viewing of the information contained on this blog does not create or establish an attorney-client relationship. Further, this information should not be relied upon without first consulting with an attorney regarding your specific situation. To arrange a consultation with the Law Offices of Lynette A. Whitfield, LLC, please call 301.869.8774, or click here to make your request for a consultation via my webpage.
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