The Federal Employees Retirement System (FERS) is complicated. Disability Retirement is just one of several distinct types of retirement; it can be a highly valuable option for those Federal employees no longer able to perform their job due to a disability. But successfully applying for Federal Disability Retirement is complex—even by FERS standards. Here, we cover some common points of confusion among Federal employees, and offer a bit of clarity to a complicated process.

What are the requirements for FERS Disability Retirement?

The basic logic of FERS is this: You have a disability that prevents you from performing your job, so you seek reasonable accommodations. If the reasonable accommodations do not work out, and reassigning you to another position doesn’t work either, then FERS disability retirement becomes an option. But there are very particular requirements when it comes to submitting the application, which make it a good idea to consult with a lawyer if this is the path you are starting to consider.

To qualify for FERS disability retirement, you must meet the following criteria:

• You have completed at least 18 months of creditable civilian service;
• Your disability will continue to hamper your ability to perform the essential functions of your job for at least one year from the date of your application;
• There were reasonable efforts made by your employing agency to accommodate you or find a possible reassignment, but there could be no approved accommodations or the reassignment was not feasible;
• And, you must either:
  • (A) show a deficiency in performance, conduct or attendance; or
  • (B) be unable to provide efficient service.

My condition recently became disabling; what is the first thing I should do?

Your first step should be connecting with your medical provider to discuss possible workplace accommodations. Have a frank conversation about how your disability impacts you at work, and what if any changes could be made to your workplace or how you do your job that would alleviate your symptoms. If you and your doctor determine that workplace accommodations could be an option, contact your HR office and supervisor to begin that process. You are not guaranteed any specific accommodations you request, but you are entitled to request reasonable accommodations and go through the interactive process.

My agency is unable to provide me with reasonable accommodation, and my condition is worsening. What should I do?

If you are below the age of 62, or have less than 5 years of civilian service, you should consider applying for FERS disability retirement. If your requested reasonable accommodation was denied by your agency, and there were no alternatives offered or possible, then you will be offered the opportunity for a reassignment search.

A reassignment is an accommodation of last resort. It should be conducted prior to submitting your disability retirement application.

But if you are 62 or older and have more than 5 years of civilian service, you should consider applying for immediate retirement instead.

My FERS disability retirement was approved; what happens next?

OPM will contact your HR office to discuss your annuity calculations. OPM requires all service and salary related information be provided and confirmed by your former employing agency. An OPM representative will reach out if they need additional paperwork from you. You’ll eventually receive a FERS retirement booklet from OPM. It is very important that you review this booklet for accuracy in calculations and deductions.

Will I get back pay for my annuity payment?

Yes. If you were on leave without pay (LWOP) prior to your FERS disability retirement approval, your annuity payments will cover back pay, dating back to your last day of employment.

How long will it take OPM to approve my FERS disability retirement application?

This is a difficult question to answer, but OPM tends to take an average of 12 – 20 weeks for FERS application decisions. You are issued a CSA number, however, which acts as your identification number. You can use this to call OPM for an update on your case status.

After I submitted my application for FERS disability retirement, OPM sent me a letter asking for more medical records. Does this mean they will deny my application?

A request for additional medical records doesn’t mean your application will be approved or denied. OPM is simply parsing out whether or not your condition is disabling in a way that relates to your position’s functions, and/or continuous enough that you are unable to work in your position for a year or longer from when you applied.

I was terminated from my Agency, and I have a long-term, disabling medical condition. Can I still apply for FERS disability retirement?

Yes; if you have been terminated from your agency, you have one year from your termination date to apply for FERS disability retirement.

I was denied FERS disability retirement after I submitted my application. What should I do?

OPM gives you 30 days to request reconsideration of the denial and supplement your records for FERS approval. OPM may also grant you an additional 30 days to acquire these records (60 days total to supplement your application), but you’ll need to request the extension from OPM within the first 30 days.

My FERS disability retirement application was denied, but I don’t know what kinds of records would help me. What should I do?

The frustrating thing is: every case is different. It’s just not possible to say what records would strengthen your particular application without a conversation first. But, short of consulting an experienced federal employment attorney to guide you through the process, here are some general questions to keep in mind:

Did you provide OPM with your most recent medical records?

We generally recommend supplying two to three years of medical records and being as up to date as possible.

Did your supervisor rate you as “outstanding” for the past fiscal year?

If you are able to fully perform your job, then you are unlikely to qualify for FERS Disability Retirement. Performance reviews of outstanding or fully successful can give OPM the impression that you are able to fully perform your job.

Did you exhaust the entire reasonable accommodation process?

Your employing agency is required to attest to the accommodation and reassignment efforts undertaken for you while employed; this is a very important aspect to your application. If it is possible for you to do so (i.e, you are currently employed), you should request reasonable accommodation and/or undergo the reassignment search process prior to submitting an application for disability retirement.

My application was still denied after I requested reconsideration from OPM. Do I have appeal rights?

Yes; you have the right to file a Merit Systems Protection Board (MSPB) appeal within 30 days of the final denial letter. At this point, you would be initiating litigation against OPM, so it is highly recommended that you consider researching attorneys experienced in FERS appeals to support you.

I applied for Social Security Disability Insurance (SSDI) before submitting my FERS disability retirement application, but my SSDI was denied. Does this mean my FERS disability retirement will be denied too?

No, having a denied SSDI does not mean you’ll have a denied FERS disability retirement application. Applying for SSDI is simply a part of the process, not a final decision on your FERS disability retirement application. There are two very different legal frameworks and processes for these applications.

Can I receive my workers’ compensation payments at the same time as my FERS disability retirement annuity?

No, you will need to choose between workers’ compensation and FERS disability retirement. But you can pause your FERS disability retirement annuity until your workers’ compensation has been maxed out.

I submitted my FERS application to OPM; how will I know if they received it?

OPM will send you an acknowledgement letter with a CSA number: the number OPM uses to identify your application. It’s not uncommon for OPM to take several weeks to process your application before sending your acknowledgement letter.

How will OPM contact me when they receive my application?

OPM will contact you via mail, using the mailing address on your forms. So, it is important to make sure the mailing address you provided on your application is correct.

Since applying for FERS disability retirement, I relocated/changed addresses. How can I update my address?

Contact OPM using their mainline (202-606-1800). You’ll provide them with your CSA number and inform them of your relocation.

Federal employment is subject to laws and regulations that differ significantly from those in the private sector; consulting with a federal employment lawyer can make all the difference. Tully Rinckey’s team of dedicated federal employment attorneys is available to assist you today. Please call (888) 605-8703 to schedule a consultation, or schedule a consultation online.

As a Partner at Tully Rinckey PLLC, Amanda focuses her practice on Federal and State Employment and Labor Law, handling discrimination claims, whistleblower and retaliation claims, retirement matters, and wage and pay claims amongst others. She also handles administrative complaints, investigation and litigation, as well as state litigation. 

Renee Maron is an Associate in Tully Rinckey PLLC’s Buffalo office, where she practices Federal Labor and Employment Law. She is a native of Georgetown, Guyana, and a graduate of John Jay College of Criminal Justice and the University at Buffalo School of Law. Prior to joining Tully Rinckey, Renee worked as a Legal Aide for the New York Attorney General’s Office, Labor Bureau Division, where she dedicated her time to investigating labor violations.