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FERS & CSRS Disability Retirement for Federal and USPS Workers: Overlooking an Essential Element 07/30/2010 by Federal Lawyer Potential applicants who are considering filing for Federal Disability Retirement benefits under FERS or CSRS will sometimes ask the question, What are the essential elements of one's job? [...]   Federal and Postal Disability Retirement: The Frustrating Process 07/29/2010 by Federal Lawyer As with most administrative dealings with the government (Federal, State or local), the process itself is a frustrating one. Filing for Federal Disability Retirement benefits under FERS or CSRS [...]   Early Retirement for Disabled Federal Workers: The Percentage Language Game 07/28/2010 by Federal Lawyer To the question: "What medical disabilities do you have," is often the response in terms of a percentage language game: "The VA has given me a ____"; "My doctor rated me at____". [...]   OPM Disability Retirement: A Different Language Game 07/27/2010 by Federal Lawyer Wittgenstein was a philosopher who is well-known for his discussion about different "language games". In preparing a Federal Disability Retirement application under FERS or CSRS, [...]   Federal Worker Disability Retirement: Agency Accommodation Reiterated 07/26/2010 by Federal Lawyer In most cases, the agency is unable to accommodate the individual. By "accommodation" is often meant lessening the workload, or temporarily allowing for the medical conditions [...]   Federal Worker Disability Retirement: Not all Agencies are Equal 07/24/2010 by Federal Lawyer No names will be named. Not for purposes of "protecting the innocent", because it is doubtful that there are any innocent entities, anyway. Rather, the knowledge that there are some [...]   Medical Retirement Benefits for US Government Employees: Agency Adverse Actions 07/23/2010 by Federal Lawyer Agency actions of an adverse nature seem to go hand-in-hand with filing for Federal Disability Retirement benefits under FERS & CSRS. If one pauses for a moment, one can easily understand [...]   read all blogs »

§831.1203 Basic Requirements For Disability Retirement

Title 5 - Part 831 L: Disability Retirement (CSRS)

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(a) Except as provided in paragraph (b) of this section, the following conditions must be met for an individual to be eligible for disability retirement:

(1) The individual must have completed at least 5 years of civilian service that is creditable under the Civil Service Retirement System.

(2) The individual must, while employed in a position subject to the Civil Service Retirement System, have become disabled because of a medical condition, resulting in a service deficiency in performance, conduct, or attendance, or if there is no actual service deficiency, the disabling medical condition must be incompatible with either useful and efficient service or retention in the position.

(3) The disabling medical condition must be expected to continue for at least 1 year from the date the application for disability retirement is filed.

(4) The employing agency must be unable to accommodate the disabling medical condition in the position held or in an existing vacant position.

(5) An application for disability retirement must be filed with the employing agency before the employee or Member separates from service, or with the former employing agency or the Office of Personnel Management (OPM) within 1 year thereafter. This time limit can be waived only in certain instances explained in §831.1204.

(b) A National Guard technician who is retiring under the special provisions of 5 U.S.C. 8337(h) is not required to meet the conditions given in paragraphs (a) (2), (3), and (4) of this section. Instead, the individual must be disabled for membership in the National Guard or for the military grade required to hold his or her position and meet the other eligibility requirements under 5 U.S.C. 8337(h)(2).

[58 FR 49179, Sept. 22, 1993, as amended at 63 FR 17049, Apr. 8, 1998]

 

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