By far, this is the most common question that is asked during consultations.

The quick answer is “Yes, you should apply for both if you believe you are entitled to both”.  When I say “both”, I am referring to wage loss compensation benefits from  OWCP and federal disability retirement from  OPM.  If you are eligible for  federal disability retirement through  OPM, then apply for it. At the same time, if you are eligible for disability compensation from OWCP, apply for it.

However, you will not [...]

After reading a couple recent MSPB decisions, I thought it might be helpful to briefly address a less than well-known case in MSPB jurisprudence – the Bruner presumption. Bruner v. Office of Personnel Management, 996 F.2d 290 (Fed.Cir.1993).

When a Federal agency removes an employee for “medical inability to perform the essential functions of the job”, that employee is presumed to be eligible for disability retirement upon timely application to OPM.

Now, [...]

The short answer to that question is “generally, yes”.

Disability retirement is available to Federal Employees who become disabled in the course of their employment. The disability need not have occurred while at work.  Whether or not an employee is eligible for  disability retirement depends on which Retirement System the employee works under.

CSRS employees must be employed for a minimum of 5 years and be no longer able to effetcively perform at their current grade or pay level due to a [...]