When Can You Claim Federal Disability Retirement?

Sometimes employees become unable to perform their job duties either because of a physical condition or a mental condition. If you are a federal employee and you can’t meet the requirements of your job anymore, you are entitled to federal disability retirement. This is a benefit that is guaranteed to all federal workers suffering of a “disability”. This disability does not have to be total, so you don’t need to be incapacitated in order to claim this benefit. The applications for federal disability retirement go to the Office of Personnel Management (OPM), an institution that analyzes them in order to approve them. If you intend to claim federal disability retirement it is advisable that you look for the services of a specialized attorney.

Many people are still able to perform light duties and think they don’t qualify for federal disability retirement. The truth is that one qualifies for this from the moment when he or she can’t perform a single duty of his or hers work, even though the federal employer tries to accommodate him or her in the best possible manner. The fact that you still do part of your job doesn’t mean that you are able to perform it the way you should be, so it doesn’t take away the right to federal disability retirement you have. Before OPM approves your request you need to be under the supervision of a doctor for a year. The doctor should attest the fact that you can no longer perform any or more duties and that this leads to the fact that you can’t do your job properly. If the doctor’s opinion is favorable, not only that you can receive federal disability retirement, but you can also work for a non-federal employer from then on.

If you lose your ability to work and you are also enrolled in CSRS or FERS retirement, you are entitled to receive federal disability retirement for the rest of your life. This does not depend on the factors that caused your inability to work. If this is the case, the amount of money that you will receive will only depend on your salary. As long as you have worked a specific period of time before becoming unable, you will be entitled to receive federal disability retirement even if the medical condition that provoked your disability existed before becoming an employee. This of course if you are enrolled in CSRS or FERS retirement. You can receive from 40% up to 80% of your salary. If your abilities permit you, there is no restriction in what concerns getting another job in the private sector.

If you want to claim federal disability retirement, you need to provide your employer the papers that attest your medical condition and to fill in some applications for OPM. If you are separated from your employer, the applications need to get to OPM in less than a year from your separation. However, if you think you are eligible for federal disability retirement, you should visit the website of a federal disability retirement lawyer.

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This entry was posted on Tuesday, May 11th, 2010 at 4:10 am and is filed under Legal.
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