Disability Retirement Process

Melville Johnson
April 6, 2020

To be eligible for disability retirement, the federal employee must have:

  1. Completed at least eighteen (18) months of federal civilian service which is creditable under the Federal Employees Retirement System (FERS)
  2. While employed in a position subject to the retirement system, they become disabled, because of disease or injury, for useful and efficient service in their current position;
  3. The disability is expected to last at least one (1) year
  4. The  federal agency certifies that it (1) Is unable to accommodate the federal employee’s disabling medical condition in their present position and (2) that the  federal agency has considered you for any vacant position in the same federal agency at the same grade or pay level, within the same commuting area, for which you are qualified for reassignment.[1]

The federal employee, guardian, or other interested person, must apply before separation from service with the federal agency or within one (1) year thereafter. The application must be received by either OPM or the federal employee’s former employing agency within one year of the date of the federal employee’s separation. This time limit can be waived only if the federal employee was mentally incompetent on the date of separation or within one year of this date.

The federal employee attorneys at Melville Johnson, P.C. have expertise in litigating Disability Retirement matters with the OPM, and are willing and able to assist you with your legal needs. Call or message us today to discuss your claim and learn how we can assist you.


[1] OPM Disability Retirement

This blog and web site published by Melville Johnson, P.C. should not be used as a substitute for seeking competent legal advice from a licensed professional attorney. Readers of this information should not act upon any information contained on this blog or website without seeking professional counsel.
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