Disability and Retirement
This is an “early-out” option for federal employees disabled either due to industrial injuries and diseases, or for non-industrial reasons.
Federal employees who become disabled from performing their regular job, whether or not due to on-the-job injuries, may be eligible for disability retirement. This “early-out” for disablilty is a program administered by the US Office of Personnel Management. Federal regulations set out the requirements for a successful disability retirement application, but each case depends on its specific facts and the evidence presented.
With certain exceptions, an application for disability retirement must be received by OPM while the employee is still working for the federal government or within one year after employment ends. Specific medical information must be provided to OPM by the applicant.
Examples of cases we have handled:
- A Postal letter carrier suffered from post-traumatic headaches after an on-the-job injury. The Postal Service gave her limited-duty work inside the post office, but she had so much pain she cried at work every day. Even though the Postal Service claimed she had been reasonably and permanently accommodated, we proved to MSPB that she was disabled, and she received her disability retirement.
- A disabled IRS employee’s disability retirement had been denied due to insufficient evidence, even though his doctors said he was disabled. We proved to OPM that despite the possibility that he could work, he was unable to do so in a useful and efficient manner; his benefits were then approved retroactively to when he stopped working and into the future.
- A disabled government employee did not file her claim for disability retirement within the one-year time limit and it was denied. We proved to OPM that she was incompetent during a sufficient period of time to make her application timely, and she was granted the benefits.