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Federal Worker Disability Retirement: Relying on Common Sense
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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 [...]
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Postal and Federal Disability Retirement: Relative Costs
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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 [...]
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Federal Employee Medical Retirement: The Larger Process
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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 [...]
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Medical Retirement for Federal Workers: When a Mistake is Made
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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, [...]
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FERS & CSRS Disability Retirement for Federal and USPS Workers: As a Process
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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 [...]
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Medical Retirement for Federal Workers: The Chance of Winning
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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 [...]
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OPM Disability Retirement: Additional Supporting Evidence
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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 [...]
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5 U.S.C. § 8451. Disability Retirement
Title 5 - Part 3 - Chapter 84: Federal Employees' Retirement System
(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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