If the Office of Personnel Management (OPM) decides one day that you are "restored to earning capacity" or "medically recovered", OPM will stop paying your federal disability retirement annuity.
This can often happen when the civil service annuity was granted for a mental health condition in which there is a possibility of recovery or medical improvement. (Examples include major depressive disorder, PTSD, anxiety or stress disorders, etc.)
These conditions can often "ebb and flow" - improving for a period of time, only to return to the disabling state at a later time. If OPM has terminated your disability retirement annuity because your condition improved - can you reinstate your federal disability retirement when the condition gets worse? The answer is yes.
The standards for seeking reinstatement are somewhat different depending on the reasons your annuity was terminated by OPM in the first place.
If your Federal disability retirement annuity was stopped when OPM concluded you recovered from your disabling medical condition, the regulations say that OPM may reinstate your annuity, "...as of the date of a current medical examination showing that the disability for which you retired has recurred" when you can show:
If OPM stopped your Federal disability retirement annuity because they concluded you were restored to earning capacity, the annuity may be reinstated "...effective the first of the year following any calendar year in which your earning capacity falls below the 80% limitation...", so long as:
If you seek reinstatement of previously terminated federal disability retirement annuity benefits, the process is the same: apply to OPM first. If you are denied, seek reconsideration. If OPM still denies reinstatement after the reconsideration request, file an appeal to the Merit Systems Protection Board (MSPB).
From the author: Federal Disability Retirement LawyerThe content of this website is provided for informational purposes only, and should not be construed as legal advice. Always consult with an attorney regarding any legal issues. If you live in Alabama, Florida, Missouri, New York or Wyoming, please click here for additional information.
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