I am a federal employee with a disability. What do I need to get FERS or CSRS Benefits?

To receive federal disability, also known as FERS or CSRS benefits, you first need to meet the non-medical eligibility for FERS or CSRS disability retirement.  After this, you may have to persuade an Administrative Judge of the Merit Systems Protection Board (MSPB) or the Office of Personnel Management (OPM) that your medical condition will prevent you from providing useful and efficient government service.

There are 5 types of evidence to convince MSPB and/or OPM that you are entitled to the FERS or CSRS benefits.

1. Objective clinical findings – These are either the tests that doctors perform to diagnose a condition or the data from those tests that doctors use to base their professional opinions.  You need to request a complete copy of your doctor’s records in order to have a record of these findings to present to the MSPB and/or OPM.
2. Diagnoses and medical opinions – The doctor’s conclusions from the data obtained in those tests.  These are also found in your medical records.
3. Subjective evidence of pain and disability – This is your own affidavit submitted in an application to OPM for FERS or CSRS benefits explaining the pain from your condition, the pain from the symptoms of your condition, and/or the pain from the treatment of your condition.
4. Evidence relating to the effect of the appellant’s condition on his/her ability to perform in the grade or class of position last occupied – This is usually nothing more than medical records and summaries, though if a layperson will find interpreting the results of these records and summaries difficult, a doctor can identify the tasks you specifically cannot perform due to your condition.
5. Evidence that the appellant was not qualified for reassignment to a vacant position at the same grade or level as the position he/she last occupied – The certification prepared by your Supervisor for your disability retirement application is usually enough, but if you’ve filed an EEO complaint alleging disability discrimination for failure to accommodate your disability, you could have more evidence to help proof your case.

Talk to a Federal disability retirement attorney for a case review and for obtaining legal advice regarding your options under Federal disability retirement laws.