5 Steps to Prove Eligibility for FERS Disability Retirement: Step 3
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 Step 3: Continuity.
We touched on this step in an earlier post. In order to qualify for benefits, you must have an injury or disease that is likely to continue for one (1) year from its onset.
The primary rationale for this element is to ensure that employees put forth significant medical evidence to support the debilitating nature of their disease or injury.
The best applications for disability retirement benefits show the date of the onset of the injury and disease. They provide detailed information, from medical authorities, showing specifically how the condition will affect the employee’s ability to perform specific tasks of the job. They show treatment plans that have been tried (therapy, medication, or surgery), the patient’s compliance with and response to the treatment, and future treatment plans.
All of this is meant to ensure that disability retirement benefits are provided only to those employees who are truly prevented from useful service to the government because of a disease or injury. Most applicants for disability retirement have a qualifying medical condition - however, most applicants for disability retirement fail to properly use medical evidence and testimony to convince OPM and the MSPB that their condition will continue for at least one year from the onset of the injury.
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.
