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Federal Worker Disability Retirement: Relying on Common Sense 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 [...]   Postal and Federal Disability Retirement: Relative Costs 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 [...]   Federal Employee Medical Retirement: The Larger Process 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 [...]   Medical Retirement for Federal Workers: When a Mistake is Made 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, [...]   FERS & CSRS Disability Retirement for Federal and USPS Workers: As a Process 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 [...]   Medical Retirement for Federal Workers: The Chance of Winning 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 [...]   OPM Disability Retirement: Additional Supporting Evidence 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 [...]   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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