Category: Federal Disability Retirement Law

FERS: §844.304 Computation of Disability Annuity for Those Otherwise Eligible To Retire

§844.304 Computation of Disability Annuity for Those Otherwise Eligible To Retire Title 5 – Part 844:  Federal Employees’ Retirement System (FERS) Disability Retirement: Subpart C – Computation of Disability Annuity (a) An individual retiring under this part is not entitled to elect to receive an alternative form of annuity under 5 U.S.C. 8420a, even if […]

FERS: §844.305 Redetermination of Disability Annuity at Age 62

§844.305 Redetermination of Disability Annuity at Age 62 Title 5 – Part 844:  Federal Employees’ Retirement System (FERS) Disability Retirement: Subpart C – Computation of Disability Annuity Effective on and after the annuitant’s 62nd birthday, the rate of annuity payable to a disability annuitant will be the amount of an annuity computed with respect to […]

FERS: §844.401 Recovery From Disability

§844.401 Recovery From Disability Title 5 – Part 844:  Federal Employees’ Retirement System (FERS) Disability Retirement: Subpart D – Termination and Reinstatement of Disability Annuity (a) Each annuitant receiving disability annuity from the Fund shall be examined under the direction of OPM at the end of one year from the date of disability retirement and […]

FERS: §844.402 Restoration of Earning Capacity

§844.402 Restoration of Earning Capacity Title 5 – Part 844:  Federal Employees’ Retirement System (FERS) Disability Retirement: Subpart D – Termination and Reinstatement of Disability Annuity (a) Earning capacity determinations. If a disability annuitant is under age 60 on December 31 of any calendar year and his or her income from wages or self-employment or […]

FERS: §844.403 Annuity Rights After a Disability Annuity Terminates

§844.403 Annuity Rights After a Disability Annuity Terminates Title 5 – Part 844:  Federal Employees’ Retirement System (FERS) Disability Retirement: Subpart D – Termination and Reinstatement of Disability Annuity (a) When a disability annuity is terminated because of recovery or restoration of earning capacity and the individual is not employed in the Government, the individual […]

FERS: §844.404 Reinstatement of Disability Annuity

§844.404 Reinstatement of Disability Annuity Title 5 – Part 844:  Federal Employees’ Retirement System (FERS) Disability Retirement: Subpart D – Termination and Reinstatement of Disability Annuity (a) When a disability annuity stops, the individual must again prove that he or she meets the eligibility requirements in order to have the annuity reinstated. (b) Reinstatement of […]

Case Law: Approval of Disability by the Social Security Administration

Approval of Disability by the Social Security Administration Legal Analysis of Non-Statutory Laws Approval of Disability by the Social Security Administration: In Trevan v. Office of Personnel Management, 69 F.3d 520, 526-27 (Fed. Cir. 1995), the Federal Circuit Court found that in making a determination of eligibility for disability retirement under FERS, the Board must consider an award […]

Case Law: The Bracey Decision

The Bracey Decision Legal Analysis of Non-Statutory Laws 5 C.F.R. Sec. 831.1203 (a)(4), states that in order for a person to be qualified for disability retirement, the “employing agency must be unable to accommodate the disabling medical condition in the position held or in an existing vacant position.” This definition was further clarified in the […]

OPM Medical Retirement: A Federal and Postal Challenge

Federal Disability Retirement is a benefit available for all Federal employees and U.S. Postal Workers, whether under FERS, CSRS, or CSRS Offset. So long as minimal eligibility requirements are met – 18 months of Federal Service for FERS employees, and 5 years for CSRS (which, given the nature of the old CSRS system, one assumes that anyone from that bygone era will necessarily have met that criteria) – the prefatory threshold for filing can begin; but beyond, the complexity of the law, the preponderance of the evidence to meet, the bridging nexus to formulate, and the administrative procedures to follow.

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