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7400 York Road, Suite 405
Towson, Maryland 21204-7531
Telephone Number: (410) 321-8368
Fax Number: (410) 321-1599
208 East Market Street
York, Pennsylvania, 17401-2033
Phone (717) 845-7301
Email: sdunn@sdunnlaw.com
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Practice Areas
DISABILITY RETIREMENT
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- You must have completed either five (5) years of credible Federal civilian service if under the CSRS retirement system or at least eighteen (18) months of Federal civilian service if under the FERS retirement system; and
- You must, while employed in a position subject to the Civil Service Retirement System (CSRS) or Federal Employment Retirement System (FERS), have become disabled, because of disease or injury, for useful and efficient service in your current position; and
- The disability must be expected to last at least one (1) year; and
- Your Agency must certify that it is unable to accommodate your disabling medical condition in your present position and that it has considered you for any vacant position in the same Agency, at the same grade or pay level, and within the same commuting area, for which you are qualified for reassignment; and
- You, or your guardian or other interested person, must apply before your separation from service or within one (1) year, thereafter. The application must be received by OPM within one (1) year of the date of your separation.
Disability Annuity Computation
A disability retiree is entitled to an “earned” annuity computed under the general formula. However, the law guarantees a minimum annuity to employees who retire because of disability. If the “earned” annuity is less than the guaranteed minimum, the minimum becomes the basic annuity.
The guaranteed minimum is not a fixed amount but varies from one employee to another, depending on age, service and average salary. It is the lesser of the following:
- 40% of the employee’s “high-3” average salary, or
- The amount obtained under the general formula after increasing the actual creditable service by the time remaining from the commencing date of annuity to the date of the employee’s 60th birthday.
Duration of Annuity
Disability annuity benefits begin accruing on the first day after your pay as an employee stops and disability and service requirements have been met. The first payment is due the first business day of the month after benefits begin accruing. Annuity is not payable for any period of time for which compensation (except for a schedule award) is paid by the Office of Workers’ Compensation Programs (OWCP), U.S. Department of Labor (DOL). Applicants found eligible for continuing benefits from OWCP and a disability retirement annuity from OPM must elect payments from one or the other. The law prohibits simultaneous receipt of continuing OWCP payments and a disability retirement annuity from OPM.
Under current law and regulations, a disability annuity continues until you are found recovered, restored to earning capacity, reemployed in the Federal service or die.
- Office of Workers Compensation Programs (OWCP)
- Categories of Benefit Entitlement
- Compensation Payments
- Paid Medical Expenses
- Schedule Award Benefits - see Awards
- Office of Personnel Management (OPM) -medical disability retirement
- Merit Systems Protection Board (MSPB)
- Office of Special Counsel (OSC) complaints regarding whistleblowing
- Equal Employment Opportunity Commission (EEOC) - Federal Sector Employees
- Government Security Clearance issues, including appeals of denials, revocations and downgrades
- Military Issues including Physical Evaluation Board (PEB) and Temporary Disability Retirement List (TDRL) Hearings and Appeals
- U.S. Railroad Retirement Board (RRB)
- Other areas - ask!
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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
Copyright ©
by Stephen J. Dunn. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.
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