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OPM Disability Retirement: The Law and Language 03/11/2010 by Federal Lawyer Language is the playground of the Attorney. It is the heart and soul of his or her profession. Through language, the attorney describes, delineates, argues, and provides a sequential (hopefully) [...]   Federal and Postal Disability Retirement: Revisiting the Concept of “Accommodations” 03/10/2010 by Federal Lawyer "Accommodation" is a legal term of art. At least, in preparing a Federal Disability Retirement application under FERS or CSRS, it is a specific term, with specific definitions, with underlying [...]   FERS & CSRS Disability Retirement: The Doctor 03/09/2010 by Federal Lawyer Out of all of the elements comprising a Federal Disability Retirement application -- the various aspects, including medical, personal, impact-statement, statement of disability, Supervisor's [...]   OPM Disability Retirement: The 1-Year Rule 03/08/2010 by Federal Lawyer Periodically, I remind everyone of the various "1-year" rules which govern Federal Disability Retirement issues under FERS & CSRS. Since there are multiple applications of the 1-year rule [...]   Federal and Postal Disability Retirement: The Appropriate Language Game 03/07/2010 by Federal Lawyer In filing an application for OPM Disability Retirement benefits under FERS or CSRS, there are many questions that are posed for the person who is just being introduced to the concept [...]   FERS & CSRS Disability Retirement: Learning from Experience 03/05/2010 by Federal Lawyer The problems inherent in filing a Federal Disability Retirement application under FERS or CSRS are multi-fold and multi-tiered. Even today, after years and years of practicing in this particular area of law [...]   OPM Disability Retirement: What to Do 03/04/2010 by Federal Lawyer Whether or not one should hire an attorney at the initial stage of the process of filing for Federal Disability Retirement benefits under FERS or CSRS, or whether to wait for a denial [...]   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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