Can I get my federal disability retirement reinstated?

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Question:

Can I get my federal disability retirement reinstated?

Answer:

The Office of Personnel Management (OPM) is responsible for granting and terminating your FERS or CERS disability retirement benefits.  The SSDI retirement payments will be terminated when you are determined to have been restored to full earning capacity. At that time you can request the SSDI be reinstated if you believe OPM incorrectly terminated your benefits or if your disability reoccurs in the future.

Why OPM Terminates SSDI

OPM terminates SSDI when the agency believes you are capable of returning to work. In many cases the retirement payments are ended in cases involving mental or emotional related disorders such as PTSD or depression.  After counseling and/or medical attention you may recover temporarily only to experience a reoccurrence at a later date.

At any point, if you are unable to work due to a health condition, you can request a reinstatement of your federal disability benefits.

Requesting a Reinstatement

There are regulations concerning when you can request a reinstatement.  First you must get a current medical report showing your disability has recurred again. Then you must also show that:

  • You are not working in a job with retirement coverage
  • You do not have a new annuity due to returning to employment after your SSDI was terminated
  • You are not over 62 years older
  • You are not recovered from the disability you had at the time of retirement

If you decide to file for a reinstatement then you will follow the same process you used to apply for the initial disability claim. If your reinstatement claim is denied by OPM there is an appeals process.

Consult an Attorney

If you wish to apply for an SSDI retirement reinstatement, you should first consult a disability attorney. The lawyer will review the facts of your disability and assist you with the preparation of the request to OPM.

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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