USPS separating

I will likely be separated by the USPS for 1 plus year LWOP soon. I am receiving wage loss for injury.  When does the Bruner presumption become effective?....after I get my letter of intent to separate or when they actually separate me?  I want my retirement to be involuntary.

The Bruner Presumption is a legal application which occurs when an individual is separated for his or her medical inability to perform the job.  It is merely a legal argument to be used.  One should not, however, wait for it in order to apply for Disability Retirement from OPM.  While it can be helpful, it is in no way determinative.  Furthermore, with or without the Bruner Presumption, a Federal or Postal employee still has to prove by a preponderance of the evidence that one is entitled to Federal Disability Retirement benefits, by submitting sufficient medical documentation.  I just want to clarify for the writer of this post that one should not wait or be overly concerned with the Bruner Presumption -- while it may help, it should not be the primary focus of a Federal Disability Retirement application.

Sincerely, Robert R. McGill, Esquire

Thanks but you did not answer the question.  Does separation actually have to take place or just the proposal to separate?

You want your retirement to be involuntary?????  Retirement (pension/annuities) is a benefit provided by an employer (not all employers offer a pension program). As such, retirement (regular/early/and disability) is always voluntary. You are not forced to apply for disability retirement. Separation; however, can be voluntary or involuntary.

By waiting to submit your disability retirement application you are shooting yourself in the foot!! It could take as long as a year to a year and a half from when you submit your application until your case is finalized (and that's if it's approved on initial submission).

If you are in FERS you must also apply for Social Security Disability Insurance (SSDI). Only about 15% to 20% of those applying for SSDI are approved initially, and about another 5% to 10% are approved on appeal. There is generally a six month waiting period from approval date until you begin receiving payments; however, in the case of being on LWOP that waiting period is backdated to your last work date. You must provide OPM with proof that you applied for SSDI. If you are approved there is a 100% offset on your FERS annuity the first year and 60% the second year on.

Thank you but my question remains.  Why is it so hard to answer

You are asking for a legal answer to a hypothetical question. I found it interesting that this blog was written soon after your initial inquiry!

" As such, relying too heavily on the "Bruner Presumption" would be a mistake.  Further, to wait for the agency to terminate you based upon your medical inability to perform your job so that you can argue that you "have the Bruner Presumption" would be foolhardy.  It is a legal tool.  In order to use it, you must apply it in the right manner.  It would be like using a screwdriver to open up a can of peas.  As another old adage goes:  "Leave it to the professionals"

http://administrative-law.lawyers.com/blogs/archives/12022-Federal-Postal-Disability-Retirements-Under-FERS-CSRS-Misreading-the-Law.html

My intent is not to rely on this presumption only ADD it to my case.  I also want to be INVOLUNTARILY separated because of other pending litigation.  So my question remains unanswered.

I think Mr. McGill answered your question in his initial reply. Sometimes you have to "read like an attorney"!! CAREFULLY read what he wrote!!

I am not sure how much clearer I can be:  The Bruner Presumption applies when an individual is separated -- "is", meaning that the event actually occurs.

Sincerely, Robert R. McGill, Esquire

Thank you!