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Attorney Working Exclusively For Federal And Postal Employees From All Across The U.S., Seeking To Obtain Disability Retirement Benefits Under FERS & CSRS |
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§831.1206 Evidence Supporting Entitlement To Disability Benefits
Title 5 - Part 831 L: Disability Retirement (CSRS)
(a) Evidence to support disability retirement application. (1) Before OPM determines whether an individual meets the basic requirements for disability retirement under §831.1203, an applicant for disability retirement or the employing agency must submit to OPM the following forms included in Standard Form 2824, "Documentation in Support of Disability Retirement Application:" (i) Standard Form 2824A-"Applicant's Statement;" (ii) Standard Form 2824B-"Supervisor's Statement;" (iii) Standard Form 2824D-"Agency Certification or Reassignment and Accommodation Efforts;" and (iv) Standard Form 2824E-"Disability Retirement Application Checklist." (2) Standard Form 2824C-"Physician's Statement" and the supporting medical documentation may be submitted directly to OPM. (3) The applicant, or the employing agency, must also obtain and submit additional documentation as may be required by OPM to determine entitlement to the disability retirement benefit. (4) Refusal by the applicant, physician, or employing agency to submit the documentation OPM has determined is necessary to decide eligibility for disability retirement is grounds for disallowance of the application. (b) OPM procedures for processing a disability retirement application. (1) OPM will review the documentation submitted under paragraph (a) of this section in support of an application for disability retirement to determine whether the applicant has met the conditions stated in §831.1203 of this part. OPM will issue its decision in writing to the applicant and to the employing agency. The decision will include a statement of the findings and conclusions, and an explanation of the right to request consideration under §831.109 of this part. (2) OPM may rescind a decision to allow an application for disability retirement at any time if there is an indication of error in the original decision, such as fraud or misstatement of fact, or if additional medical documentation is needed. The written notification will include a statement of the findings and conclusions, and an explanation of the right to request reconsideration under §831.109 of this part. (c) Medical examination. OPM may offer the applicant a medical examination when it determines that additional medical evidence is necessary to make a decision on an application. The medical evaluation will be conducted by a medical officer of the United States or a qualified physician or board of physicians designated by OPM. The applicant's refusal to submit to an examination is grounds for disallowance of the application. (d) Responsibility for providing evidence. It is the responsibility of the applicant to obtain and submit documentation that is sufficient for OPM to determine whether there is a service deficiency, caused by disease or injury, of sufficient degree to preclude useful and efficient service, or a medical condition that warrants restriction from the critical task or duties of the position held. It is also the responsibility of the disability annuitant to obtain and submit evidence OPM requires to show continuing entitlement to disability benefits.
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| Copyright © 2010. Robert R. McGill, Esquire. All rights reserved. Toll Free 1-800-990-7932 - Federal Disability Attorney |