During the current government shutdown, we do not expect to see any movement on the applications and appeals on cases that are currently pending at OPM. Those retired folks already in pay status are expected to continue to receive their monthly payments as before. The same unfortunately cannot be said for current employees.
While we all understand that a Government Shutdown creates particular challenges to all federal agencies, OPM seemed to be have an especially hard time on social media during this Shutdown. In what seemed like a tone-deaf, yet good faith attempt to help workers coping with a lack of income during the Shutdown, OPM posted a series of letters on December 27, 2018. One letter described asking an employee’s landlord for reductions in rent in exchange for doing odd jobs around the apartment building.
Perhaps due to the backlash faced on social media, yesterday OPM then walked-back their service-bartering advice. In part, they stated that “OPM – itself acting with limited resources during the furlough period – inadvertently posted a legacy document from the 2013 shutdown. Although most federal employees have yet to miss a paycheck, OPM recognizes that many employees are concerned about the financial implications of a continued lapse. As such, OPM sought to provide a set of templates and information that could be used proactively by employees to address potential financial challenges, in the event that Congress does not resolve the lapse in appropriations before the end of the next pay cycle.” https://www.washingtonpost.com/politics/2018/12/29/government-furloughed-workers-ask-landlords-about-doing-chores-cover-rent/?noredirect=on&utm_term=.be9205cbd248
At my Firm, we respect many employees that we encounter at OPM. We know that many folks at OPM are trying to do a good job with limited resources and many challenges. However, when mistakes are made or when unrealistic advice is given to those facing an unknown amount of time without pay, it does make one worry about OPM’s competency. The bottom line is that for those with a pending issue or claim at OPM, I would not expect any movement on that issue. I do not believe OPM will be answering any telephone calls or emails. I would not expect any correspondence from OPM while the Shutdown is in place.
For those claimants or appellants with specific deadlines that will fall on a date while the government is shutdown, my advice to you is to meet that deadline. The USPS mail service continues to run and I can confirm as of my writing this that OPM’s fax machines are still on and receiving faxes. For ANY piece of information that you send to OPM during the Shutdown, please save and store your proof of delivery. This applies to fax confirmations, Fed Ex tracking receipts, certified mail green forms, ANYTHING. There is a solid chance that OPM will struggle to locate your submission upon reopening. If you are prepared with proof of service, it will go a long way to helping avoid major problems.
Lastly, as attorneys representing federal employees, we have been through these Shutdowns before. Its unfortunate that we are so well versed in how to cope with these trying times. If you have a question or concern, please feel free to call me to discuss.
Peter Casciano
(240) 240-2872