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

Latest Articles:

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 »

§831.1210 Annuity Rights After A Disability Annuity Terminates

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

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(a) An individual is entitled to an immediate annuity when the disability annuity stops because of recovery or restoration to earning capacity if the individual is not reemployed in a position subject to civil service retirement coverage and-

(1) Is at least age 50 when the disability annuity stops and had 20 or more years of service at the time of retirement for disability; or

(2) Had 25 or more years of service at the time of retirement for disability regardless of age.

(b) An individual whose annuity stops because of recovery or restoration to earning capacity and who is not eligible for an immediate annuity under paragraph (a) of this section, is eligible for a deferred annuity upon reaching age 62.

(c) The disability annuity of an individual whose annuity stopped because of recovery or restoration to earning capacity may be reinstated under §831.1212 of this part.

 

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