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What organizations does a federal employee need to deal with when requesting FERS disability retirement?
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.
When registering a disability with either the Federal Employees Retirement System (FERS) or the Civil Service Retirement System (CSRS), a federal employee may eventually have to prove his or her disability before an Administrative Judge of the Merit Systems Protection Board (MSPB) or the Office of Personnel Management (OPM). The employee must show that the condition renders him or her unable to provide useful and efficient government service.
The employee may prove this by utilizing one of five types of evidence before the OPM or the MSPB:
1. Objective clinical findings
Objective clinical findings are results from medical tests on which medical professionals base their opinions. These findings are found in a medical professional's notes or your medical records file. You may ask your doctor for a copy if you do not have your own available.
2. Diagnoses and medical opinions
Diagnoses and medical opinions are the conclusions of the treating doctor's derived from empirical evidence or raw data. These will also be found in your medical records.
3. Subjective evidence of pain and disability
In addition to a doctor's objective findings, the MSPB considers the employee's subjective conclusions about his or her disability. A postal worker or Federal employee applying for federal disability retirement should submit an affidavit that chronicles the pain and symptoms of the condition they are claiming.
4. Evidence of the claimant's condition on his or her ability to perform in the grade or class of position last occupied
Evidence may be included in medical summaries of the claimant's condition. The language should be given in layman's terms so that it may be understood by those outside by non-medical persons.
5. Evidence that the appellant was not qualified for reassignment to a vacant position at the same grade or level as the position he last occupied
The certification prepared by your Supervisor for your disability retirement application may be sufficient evidence at this point.
If you are considering requesting FERS/CSRS disability retirement, you should consult with an attorney experienced with federal employment issues to discuss your case.
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