5 Steps to Prove Eligibility for FERS Disability Retirement: Step 1
In a previous post, we outlined “5 Steps to Prove Eligibility for FERS Disability Retirement.” We outlined the 5 basic steps: Eligibility, Disability, Continuity, Reassignment, and Appeal. This post will discuss the first step: Eligibility.
Most employees have little difficulty meeting the Eligibility requirements under FERS. There are two big ones: 1) 18 months of federal civilian service, and 2) while in a position subject to FERS.
To determine if you are in a position covered by FERS, you can look at Block 30 of your most recent SF-50 (Standard Form 50). If this block has the letter “K” in it, you are in a position covered by FERS. Thus, the first piece of evidence you will need is your most recent SF-50.
Now, there are three other codes that could appear in Block 50: L, M, and N. These codes are FERS covered positions for certain special jobs.
- Code L: FERS employee in an Air Traffic Controller (ATC) position
- Code M: FERS employee in a Firefighter or Law Enforcement Officer (FF/LEO) position
- Code N: FERS special code for certain reserve technicians
So, if you have 18 months of service in a position where codes K, L, M, or N appear in Block 30 of your current SF-50, then you likely meet the Eligibility element for disability retirement.
It is best to consult with a lawyer familiar with Merit Systems Protection Board (MSPB) appeals or a lawyer familiar with Federal employee retirement issues to discuss the facts and law of your particular case. If you have questions about your eligibility for OPM disability retirement, contact an MSPB attorney at the Attig Law Firm, PLLC, to schedule a telephone consultation.
