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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 »

5 U.S.C. § 8451. Disability Retirement

Title 5 - Part 3 - Chapter 84: Federal Employees' Retirement System

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(a)(1)(A) An employee who completes at least 18 months of
civilian service creditable under section 8411 and has become
disabled shall be retired on the employee's own application 
or on application by the employee's agency.

(B) For purposes of this subsection, an employee shall be 
considered disabled only if the employee is found by the Office 
to be unable, because of disease or injury, to render useful 
and efficient service in the employee's position.

(2)(A) Notwithstanding paragraph (1), an employee shall not be 
eligible for disability retirement under this section if the 
employee has declined a reasonable offer of reassignment to a 
vacant position in the employee's agency for which the employee 
is qualified if the position--

   (i) is at the same grade (or pay level) as the employee's 
   most recent grade (or pay level) or higher;

   (ii) is within the employee's commuting area; and

   (iii) is one in which the employee would be able to render 
   useful and efficient service.

(B) An employee who is applying for disability retirement under 
this subchapter shall be considered for reassignment by the 
employee's agency to a vacant position described in subparagraph 
(A) in accordance with such procedures as the Office shall by 
regulation prescribe.

(C) An employee is entitled to appeal to the Merit Systems 
Protection Board under section 7701 any determination that the 
employee is not unable, because of disease or injury, to render 
useful and efficient service in a position to which the employee 
has declined reassignment under this section.

(D) For purposes of subparagraph:

   (a), an employee of the United States Postal Service shall 
   not be considered qualified for a position if such position 
   is in a different craft or if reassignment to such position 
   would be inconsistent with the terms of a collective-bargaining 
   agreement covering the employee.

   (b) A Member who completes at least 18 months of service as a 
   Member and is found by the Office to be disabled for useful and 
   efficient service as a Member because of disease or injury 
   shall be retired on the Member's own application.

   (c) An employee or Member retiring under this section is en-
   titled to an annuity computed under section 8452.


(Added Pub. L. 99-335, title I, Sec. 101(a), June 6, 1986, 100 Stat. 
565.)

Section Referred to in Other Sections

This section is referred to in sections 8456, 8461, 8464 of this 
title; title 38 sections 7426, 7438.
					

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