5 Steps to Prove Eligibility for FERS disability retirement.
To be eligible for a disability-retirement annuity under FERS, you must be able to show that:
- Eligibility. You completed at least 18 months of creditable service in a position subject to FERS,
- Disability. You became disabled because of a medical condition, resulting in a service deficiency in performance, conduct, or attendance (if there is no such actual service deficiency, the disabling medical condition is incompatible with either useful and efficient service or retention in her position)
- Continuity. The disabling medical condition is expected to continue for at least 1 year from the date the disability retirement application is filed;
Accommodation of the disabling medical condition in the position held must be unreasonable; and - Reassignment. You must not have declined a reasonable offer of reassignment to a vacant position.
- Appeal. If your initial request and request for reconsideration were timely, and were denied by OPM, you may have an appeal right to the Merit Systems Protection Board (MSPB).
These elements are outlined in full at 5 C.F.R. § 844.103. By far, the second element is the most difficult to prove. If OPM denies your application and your request for reconsideration, the Merit Systems Protection Board can consider all of the following in making the determination required by Element #2.
The most important part of this type of appeal to the MSPB is the medical evidence you present to the Board.
The Judge can (and will) consider: objective clinical findings, diagnoses and medical opinions, subjective evidence of pain and disability, and any other evidence relating to the effect of the applicant’s condition on her ability to perform in the grade or class of position last occupied.
If you fail to submit this medical evidence, it won’t be the sole reason for the MSPB upholding OPM’s denial of your disability retirement, but it will be a reason in the analysis. Moreover, your subjective evidence of disability and pain (i.e., written statements and testimony) will only be given evidentiary weight when it is supported by competent medical evidence.
For that reason, our Firm recommends a well-prepared medical analysis of your condition and its effect on your ability to perform the job duties of your position.
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.
