Can I get disability retirement benefits?

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Question:

Can I get disability retirement benefits?

Answer:

Disability retirement benefit is a type of benefit given only to those who work or have worked with the federal government. This is included in every government employee’s benefits package.

This is not the only requirement though. In order to avail of the benefit, one must meet five other conditions. These are:

  • Completion of a minimum of 18 months of Federal civilian service. The service rendered must be credited by the Federal Employees Retirement System;
  • The disability, whether due to injury or disease, hampers the employee in performing his duties at his current position;
  • The disability is expected to last for a minimum of one year;
  • The government agency you are working for has deemed you unable to continue in your present position due to the disability. The agency however must certify that it has considered transferring you to another position you are qualified and having the same pay grade as your current one; and
  • Application of separation within one year of the disability.

If you meet the above mentioned requirement, you must then apply for social disability benefits. If for some reason your application is withdrawn, then the U.S. Office of Personnel Management will also dismiss your application for disability retirement.

To be sure, it is advisable that you get a lawyer. Preferably one who is experienced in handling such matters. One pitfall of disability retirement is applying for one can be very difficult. This is because proving the disability involves a medical issue which makes it more complicated. The lawyer will be able to guide through this maze easily. The good news is that the Social Security can assist you in paying for the lawyer by withholding a portion of any benefits due you.

This article is provided for informational purposes only. If you need legal advice or representation,
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This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.


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