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Nolo's Guide to Social Security Disability: Getting & Keeping Your Benefits (including CD)

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Sometimes a federal employee will be hurt on the job and won’t be able to continue performing his or her duties. There are times when those agencies will just move those employees into a position with limited or light responsibilities, but sometimes an employee won’t have the ability to do those jobs either. In these cases, they must submit to the OPM a federal disability retirement claim.

The Office of Personnel Management, or OPM, has a number of policies and regulations that can easily confuse someone without legal experience. The OPM federal disability retirement regulations require that everything is submitted according to their rules. You may have to consult an attorney for guidance to make sure everything is done right.

You may be eligible for the OPM federal disability retirement annuities if you are enrolled in the Civil Service Retirement System (CSRS) or the Federal Employees Retirement System (FERS). These programs can pay a portion of your salary for the rest of your life, regardless of how the condition occurred.

The good news is that even if you had the condition prior to your employment you still could be eligible to receive benefits. You simply have to prove that you were able to satisfactorily perform your job for’ months for FERS or five years for CSRS.

There is a social security disability program as well, but it differs in many respects from the OPM federal disability retirement program. Most notably, a federal employee won’t have to show “total disability.” If they are disabled from performing one or more of their essential duties, that is enough. Employees can rest assured that they are covered if they suddenly lose their source of income.

The Office of Personnel Management also allows the employee to continue working while their claim is awaiting approval. You can even get another job and still receive your retirement annuity. However, the income from your new job cannot exceed more than 80% of what your current job pays.

As much as we try to avoid them, unfortunate circumstances can happen to any of us. We can suddenly find ourselves without an income because of a disabling condition. As a federal employee, though, these programs can make sure you’ll always be covered.

You should always make sure your claims are properly filled out before you submit them to the OPM. Federal disability retirement annuities can be a lifesaver, but only if you file them correctly so they will have a higher chance of approval. If you’re really worried, you should consider hiring a lawyer to consult on the case and make sure everything is done right.

Stephanie Martin is a government employee working in the OPM office. She comprehends thoroughly Federal Disability Retirement and OPM disability retirement.