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Attorney Robert R. McGill will be answering questions about Federal Disability Retirement in a new forum at Martindale-Hubbell's Lawyers.com.

Latest Articles:

Federal and Postal Disability Retirement: The Frustrating Process 07/29/2010 by Federal Lawyer As with most administrative dealings with the government (Federal, State or local), the process itself is a frustrating one. Filing for Federal Disability Retirement benefits under FERS or CSRS [...]   Early Retirement for Disabled Federal Workers: The Percentage Language Game 07/28/2010 by Federal Lawyer To the question: "What medical disabilities do you have," is often the response in terms of a percentage language game: "The VA has given me a ____"; "My doctor rated me at____". [...]   OPM Disability Retirement: A Different Language Game 07/27/2010 by Federal Lawyer Wittgenstein was a philosopher who is well-known for his discussion about different "language games". In preparing a Federal Disability Retirement application under FERS or CSRS, [...]   Federal Worker Disability Retirement: Agency Accommodation Reiterated 07/26/2010 by Federal Lawyer In most cases, the agency is unable to accommodate the individual. By "accommodation" is often meant lessening the workload, or temporarily allowing for the medical conditions [...]   Federal Worker Disability Retirement: Not all Agencies are Equal 07/24/2010 by Federal Lawyer No names will be named. Not for purposes of "protecting the innocent", because it is doubtful that there are any innocent entities, anyway. Rather, the knowledge that there are some [...]   Medical Retirement Benefits for US Government Employees: Agency Adverse Actions 07/23/2010 by Federal Lawyer Agency actions of an adverse nature seem to go hand-in-hand with filing for Federal Disability Retirement benefits under FERS & CSRS. If one pauses for a moment, one can easily understand [...]   Federal Disability Retirement: Agency Overstepping 07/22/2010 by Federal Lawyer The Office of Personnel Management is the Federal Agency which reviews, evaluates and determines the eligibility of an applicant for Federal Disability Retirement benefits under FERS or CSRS. [...]   read all blogs »

5 U.S.C. § 8453. Application

Title 5 - Part 3 - Chapter 84: Federal Employees' Retirement System

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    A claim may be allowed under this subchapter only if appli-
cation is filed with the Office before the employee or Member 
is separated from the service or within 1 year thereafter. 

This time limitation may be waived by the Office for an emplo-
yee or Member who, at the date of separation from service or 
within 1 year thereafter, is mentally incompetent if the appli-
cation is filed with the Office within 1 year from the date of 
restoration of the employee or Member to competency or the 
appointment of a fiduciary, whichever is earlier.

(Added Pub. L. 99-335, title I, Sec. 101(a), June 6, 1986, 100 
Stat. 568.)
					

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