Federal Disability Retirement: When can OPM stop my Disability Retirement Annuity?

There are three situations where  your Federal Disability Retirement benefits can be stopped or terminated, if you are under age 60. 1) If you are found to be medically recovered from your disabling condition,  OPM can and does terminate the  disability retirement annuity. 2) Your annuity can be stopped if you reach "restoration to earning capacity".  This occurs if, in any calendar year, your income from wages and self-employment is at least 80 percent of the current rate of basic pay from the position you retired from. 3) You are re-employed in the Federal service in a position equivalent to what you held at retirement.  This is called, by  OPM, being "administratively recovered" If your federal  disability retirement annuity was stopped because you were found recovered (either medically or administratively), your d disability retirement annuity can resume only if the disability recurs and you do not exceed the 80 percent earnings limitation. If your federal  disability retirement annuity was stopped because you exceeded the earnings limitation, your benefit can resume effective the first of the year after you no longer exceed the 80 percent earnings limit. If your federal  disability retirement annuity has been stopped by OPM, and you disagree with their reasoning, you can appeal the  OPM decision to the  MSPB.  It is always best to consult with a Federal Disability Retirement attorney when considering this step. No post on this website is legal advice, is meant to be legal advice, and certainly does not serve as a substitute for legal advice. Information is power, and we are providing this information to give you, the federal employee, with some power. This information is not widely or easily accessible to Federal Employees.

The Attig Law Firm represents Federal employees under FERS or CSRS in their applications for disability retirement to OPM. If an application for disability retirement is denied, the Firm represents Federal employees under both FERS and CSRS in their MSPB appeals of denials of disability retirement applications by OPM.

It is best to consult with a lawyer familiar withMerit Systems Protection Board (MSPB) appeals to discuss the facts and law of your particular case. If you have questions about disability retirement under FERS or CSRS, or OPM’s denial of your applications for disability retirement benefits under FERS or CSRS, contact an MSPB attorney at the Attig Law Firm to schedule a telephone consultation.

[…] your FERS or CERS disability retirement benefits, and later, make a determination that you are restored to earning capacity. At that point, they will stop paying your federal disability retirement […]

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