How Federal Employees and Postal Workers Become Eligible For Disability Retirement Through OPM

Federal Employees an postal workers have the optionother words, if your disabling medical condition is
to apply for disability retirement from the Office ofexpected to continue for at least 1 year from the date
Personnel Management (OPM). The purpose of thisthe disability retirement application is filed, then you will
article is to summarize the key elements of anbe able to meet the continuity element. This prevents
application for Federal Disability Retirement.employees with temporary conditions from receiving
Eligibility. First, you must be eligible to apply. A Federaldisability retirement benefits. This is the easiest element
employee gains basic eligibility by meeting certain timeto prove, but sometimes seems to be the most easily
in service requirements. For FERS employees, youoverlooked in the application.
must have completed at least 18 months of continuousAccommodation/Reassignment After showing basic
creditable service in a position subject to FERS. Foreligibility, disability, and continuity, the Federal Employee
CSRS employees, you must have completed fiveor USPS employee applying for federal disability
years of continuous creditable service.retirement must show OPM that his or her employing
DisabilityAgency cannot accommodate the disability (under the
Once he or she has proved basic eligibility, the FederalAmericans with Disabilities Amendments Act and/or
Employee or USPS employee must show that he orRehab Act, etc). Typically this is done by submitting
she has a disabling medical condition. OPM will consideryour completed application to your employing Agency's
a medical condition - or a disease - disabling for yourHR office, who will work with the supervisor to
disability retirement application if you: 1) have a medicalprepare your "Supervisor Statement". This is a form
condition or disease; 2) that medical condition orthat the Agency will add to your disability retirement
disease results in a deficiency in performance, conductapplication and submit to OPM. One word of caution -
or attendance. Another way to show that yourif the Agency has made a reasonable offer of
medical condition is disabling - particularly if there is notreassignment to a vacant position which you turned
any performance, conduct or attendance deficiency -down, then you will not be able to receive disability
is to prove that your medical condition or disease isretirement. If you get a job offer from your Agency or
incompatible with either useful and efficient service orfrom the Office of Workers' Compensation (OWCP),
retention in your current position.you should consider contacting an attorney who
This is the most difficult element t to prove. You shouldrepresents federal employees before making your
consider submitting evidence of the following in orderdecision. The wrong decision could have significant
to prove the disability element:financial ramifications.
1) Objective clinical findings from your treatingApplication for Social Security Disability. The last major
physicians and specialists, including written proof ofelement for a thorough application for disability
diagnoses and medical opinions;retirement to OPM is that the Federal Employee or
2) Your own evidence of pain and disability. This isPostal Employee must also apply for Social Security
called subjective evidence, and it can include a swornDisability when seeking OPM Disability Retirement. You
affidavit from you describing how the pain of thedon't actually have to receive Social Security Disability,
disability also affects you. It can include statementsbut if you do, then there could be a couple results. First,
from co-workers, family, friends - anyone in a capacityyour OPM annuity will be reduced so that you don't
to observe your physical pain from medical conditions."double-dip" the federal government for the same
The more obvious the physical pain and the moredisability. Second, if your Social Security Disability is
obvious the medical condition, the more likely that layapproved before your OPM disability, you could use
opinions of pain and disability are likely to be giventhat as evidence supporting your OPM disability
weight. This type "subjective evidence" will only beretirement application. Third, if your Social Security
given evidentiary weight by the MSPB and OPM whenDisability is approved after your Federal Disability
it is supported by competent and objective medicalRetirement is approved, then you could end up owing
evidence.OPM money, and you might be required to follow
3) Any other evidence that shows that your medicalFederal Regulations known as the "set-aside"
condition or disease impacts your ability to perform inprovisions.
your current civil service job, at the level expected ofIf your initial request for Federal disability retirement is
your grade or class.denied, you will have one opportunity to request that
Moreover,OPM reconsider the decision - you will have to file this
Continuityrequest for reconsideration within thirty (30) days of
Once the Federal employee or USPS worker hasthe denial of federal disability retirement or you will not
shown OPM that he or she has basic eligibility, andget any more appeals later. If your reconsideration
shown OPM that he or she has a disabling medicalrequest is denied, you will in all likelihood have an appeal
condition, the Federal employee/Postal worker willright to the Merit Systems Protection Board (MSPB).
have to show OPM that the condition is continuous. In