5 Steps to Filing an Application for Federal Disability Retirement

Federal Disability Retirement is a benefit available to Federal civil service employees and Postal workers who meet certain requirements.  The requirements for Federal disability retirement...

Federal Disability Retirement is a benefit available to Federal civil service employees and Postal workers who meet certain requirements.  The requirements for Federal disability retirement can be broken down into 5 steps.

In order to prove that he or she is eligible for a federal disability retirement annuity, the Federal employee must be able to prove the following elements:

1. Confirm your Eligibility

First, the Federal Employee or Postal Worker must be "Eligible". To be eligible, a FERS federal employee must have completed at least 18 months of creditable service in a position subject to FERS. A CSRS federal employee must have five years of creditable service in a position under the CSRS.

2. Establish evidence of your Disability

Second, the Federal Employee or postal worker must be disabled. For the purposes of federal disability retirement, a Federal employee is disabled if "because of a medical condition, resulting in a service deficiency in performance, conduct, or attendance (if there is no such actual service deficiency, the disabling medical condition is incompatible with either useful and efficient service or retention in her position)." What does that mean? In a nutshell, you have to be unable to perform the essential functions of your current FERS or CSRS position because of the disability.

3. Establish Continuity of your Disability

Third, the Federal Employee must be able to show "Continuity".  This element is met by showing that the disabling medical condition is expected to continue for at least 1 year from the date the disability retirement application is filed.

4. Prove that you could not be Accommodated or Reassigned

Fourth, the Federal employee must show that he or she has not declined a reasonable offer of Reassignment to a vacant position, and that the employing Federal Agency is not able to accommodate the disabling medical condition in the position that the employee has been assigned to.

5. File a Timely Appeal

Fifth, and finally, the Federal Employee must timely appeal. You must first timely request reconsideration if OPM denies your application for Federal Disability Retirement. If OPM denies your timely request for reconsideration, you have the right to appeal OPM's decision to the Merit Systems Protection Board (MSPB).

The Most Difficult Step

By far, the second element is the most difficult to prove.

If OPM denies your application and your request for reconsideration, the case law tells us that MSPB can consider all of the following in making the determination required by Element #2:

1. Objective clinical findings, diagnoses and medical opinions,
2. Subjective evidence of pain and disability, and
3. Any other evidence relating to the effect of the applicant's condition on her ability to perform in the grade or class of position last occupied."

If you fail to submit medical evidence, it won't be the sole reason for the MSPB upholding OPM's denial of your disability retirement, but it will be a reason in the analysis.

Moreover, your subjective evidence of disability and pain (i.e., written statements and testimony) will only be given evidentiary weight when it is supported by competent medical evidence. For that reason, I recommend a well-prepared medical analysis of your condition and its effect on your ability to perform the job duties of your position.

The process can be daunting and overwhelming for an individual applying for federal disability retirement.  In addition to the elements listed above, decades of case law have refined and defined some of the above elements and you may have to provide more or less information, depending on your unique situation.