Eligibility Requirements for Disability Retirement
You must meet all of the following conditions to be eligible for disability retirement:

• 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.

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.

The Office of Personnel Management carefully reviews all applications for Federal Disability Retirement. It is a benefit which should be looked at as an entitlement from your Federal employment. Consequently, if you are a Federal Employee intending to file for Disability Retirement you should seek the advice and counsel of an experienced Law Firm.

If you believe you may be filing for federal disability retirement, you should contact Tully Rinckey at 202-787-1900.