If I previously misspoke, I apologize; however, the retroactive pay is to your last day of pay -- meaning, any pay that you get. Thus, if you are on sick or annual leave, then you are still getting paid, and you will not get retroactive pay for any period of time that you get paid in any form. Retroactive pay is to the last date you received any type of pay, whether it is from work, from leave, or sick leave. Second, I don't see any pitfalls for filing for disability retirement after you obtain discontinued service retirement. With respect to invoking the Bruner Presumption, I am not sure what you mean when you say "retirement papers" that mention "medical inability to do the job." Regardless, would I make the argument nonetheless? Absolutely.
Robert R. McGill, Esquire