Qualifying for Disability Retirement

OPM Disability Retirement

In order to qualify for disability retirement, a federal employee must meet the following criteria:

1. The Employee must have completed at least 18 months of Federal civilian service, which is creditable under FERS (the Federal Employee Retirement System);
2. The employee must have become disabled for useful and efficient service in the employee's current position, while employed in the position, and the position must be subject to FERS. Useful and efficient service means fully successful performance of the critical or essential elements of the position. Additionally, the employee must be able to maintain satisfactory conduct and attendance;
3. The disabling condition must be expected to last for at least one year or more; and
4. The employing Agency must certify that it is unable to accommodate the employee's disability in the employee's current position, and that the Agency has considered the employee for vacant positions within the same agency, at the same grade or pay level, within the employee's commutable area, for which the employee is qualified for reassignment.

If any employee meets the above criteria, then the employee can submit an application for disability retirement. In order to submit the application, the federal employee (or the employee's guardian or representative) must apply for disability retirement, either before the employee separates from federal service, or within one year of the employee's separation from federal service.

Disability Retirement Timeline

The time limit to apply is strictly enforced by the Office of Personnel Management (OPM) and will only be waived if the employee was mentally incompetent on the date of separation from federal employment or within one year of that date.

If an employee submits their application within thirty days of separation from the Agency, the Agency will assist the employee in completing and submitting the application. However, after thirty days, the employee is responsible for submitting the application to OPM themselves.

It is important to note that when applying for disability retirement, an employee must also apply for social security disability benefits and provide proof of the application to OPM. This application does not need to be approved in order to for the employee to qualify for disability retirement, but the application does need to be submitted.

Applications for disability retirement can be complicated, as they contain numerous moving parts. The federal employee attorneys at Melville Johnson, P.C. are experienced in preparing and submitting these applications to the OPM, and may be able to help you complete the process. If you are interested in applying for disability retirement, call or message us today to discuss your situation and learn how we can assist you.