What's New:

Attorney Robert R. McGill will be answering questions about Federal Disability Retirement in a new forum at Martindale-Hubbell's Lawyers.com.

Latest Articles:

Federal Worker Disability Retirement: Relying on Common Sense 02/03/2012 by Federal Lawyer The problem of relying on "common sense" (as that term is often used and understood) is that such reliance not only reflects a presumption that one possesses that very quality that we deem [...]   Postal and Federal Disability Retirement: Relative Costs 02/02/2012 by Federal Lawyer In preparing, formulating, and filing for Federal Disability Retirement benefits from the Office of Personnel Management, there is always the question of costs involved -- of the time frame [...]   Federal Employee Medical Retirement: The Larger Process 02/02/2012 by Federal Lawyer There is, of course, the limited process of issues impacting a Federal Disability Retirement application, whether under FERS or CSRS -- of the actual paperwork; of obtaining and completing [...]   Medical Retirement for Federal Workers: When a Mistake is Made 02/01/2012 by Federal Lawyer Mistakes made in preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS, from the U.S. Office of Personnel Management, are usually correctable, [...]   FERS & CSRS Disability Retirement for Federal and USPS Workers: As a Process 01/30/2012 by Federal Lawyer It is often a necessity to be reminded that the preparation, formulation, and ultimately the filing of a Federal Disability Retirement application under FERS or CSRS, with the U.S. Office of Personnel [...]   Medical Retirement for Federal Workers: The Chance of Winning 01/29/2012 by Federal Lawyer To characterize the filing of a Federal Disability Retirement application under FERS or CSRS, from the U.S. Office of Personnel Management, in terms of the percentage chances [...]   OPM Disability Retirement: Additional Supporting Evidence 01/28/2012 by Federal Lawyer In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, there is nothing to preclude [...]   read all blogs »

§831.1205 Agency-Filed Disability Retirement Applications

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

---

(a) Basis for filing an application for an employee. An agency must file an application for disability retirement of an employee who has 5 years of civilian Federal service when all of the following conditions are met:

(1) The agency has issued a decision to remove the employee;

(2) The agency concludes, after its review of medical documentation, that the cause for unacceptable performance, attendance, or conduct is disease or injury;

(3) The employee is institutionalized, or the agency concludes , based on a review of medical and other information, that the employee is incapable of making a decision to file an application for disability retirement;

(4) The employee has no personal representative or guardian; and

(5) The employee has no immediate family member who is willing to file an application on his or her behalf.

(b) Agency procedures. (1) When an agency issues a decision to remove an employee and not all of the conditions described in paragraph (a) of this section have been satisfied, but the removal is based on reasons apparently caused by a medical condition, the agency must advise the employee in writing of his or her possible eligibility for disability retirement.

(2) If the agency is filing a disability retirement application on the employee's behalf, the agency must inform the employee in writing at the same time it informs the employee of its removal decision, or at any time before the separation is effected, that-

(i) The agency is submitting a disability retirement application on the employee's behalf to OPM;

(ii) The employee may review any medical information in accordance with the criteria in §294.106(d) of this chapter; and

(iii) The action does not affect the employee's right to submit a voluntary application for retirement under this part.

(3) When an agency submits an application for disability retirement to OPM on behalf of an employee, it must provide OPM with copies of the decision to remove, the medical documentation, and any other documents needed to show that the cause for removal is due to a medical condition. Following separation, the agency must provide OPM with a copy of the documentation of the separation.

(c) OPM procedures. (1) OPM will not act on any application for disability retirement filed by an agency on behalf on an employee until it receives the appropriate documentation of the separation. When OPM receives a complete application for disability retirement under this section, it will notify the former employee that it has received the application, and that he or she may submit medical documentation. OPM will determine entitlement to disability benefits under §831.1206.

(2) OPM will cancel any disability retirement when a final decision of an administrative authority or court reverses the removal action and orders the reinstatement of an employee to the agency rolls.

 

<-- Prev | US Code Home | Next -->