Eligibility Requirements for FERS Disability. By: Mark Heinrich

mark heinrich
September 17, 2021

[vc_row][vc_column][vc_column_text]Under the Federal Employees Retirement System (FERS), federal employees may enjoy disability benefits if they meet certain criteria. The benefits also extend to former federal employees who left federal employment within the past year. The main factor that makes you qualified for disability benefits is having a disability that impedes normal productivity.

Understanding the intricacies of the scheme is vital so that you can reap the benefits of the program. Many people do not know the eligibility requirements and method of application. As a result, they lose out on the benefits. According to the Office of Personnel Management (OPM), the applicant should meet the following criteria to qualify for FERS disability benefits:

Applicants must have at least eighteen (18) months of creditable employment history under the FERS.
Applicants must have been disabled while in civilian service, and such disability must stop or hinder the expected productivity of such applicants.
Applicants’ agencies should attest that they cannot make reasonable accommodations for the disability, nor can they place the applicant in another position that pays the same as the present position.
The disability should be expected to last for over one year.
Applicants or their guardians must apply for disability retirement within twelve (12) months of leaving their federal employment. Applicants are to submit such applications to their agencies or the Office of Personnel Management (OPM).
Lastly, applicants must apply for Social Security disability benefits.

Applicants must, however, note two important things. One, qualifying disabilities need not be work-related. Two, not getting approved for Social Security benefits will not affect your application for FERS disability benefits.

If you meet all the requirements, you can proceed to apply for the disability benefits. You can do this by filling and submitting SF 3107 and SF 3112 forms. The first is the application for Immediate Retirement form, while the other is the Documentation in Support of Disability Retirement form. Your agencies can fill and send the forms to the OPM, but you still have to provide other necessary documents to prove your eligibility.

In addition, when applying for FERS disability, time is never your friend. You have to apply as soon as possible. The OPM will not process your application if you apply more than a year after you leave federal employment. Also, the earlier you apply, the faster it is for your agency to locate your personnel records. It is also advisable to send all FERS disability applications directly to the OPM.

As soon as the OPM approves your application, the agency will send you your final retirement record. Your agency will also confirm the final date of separation. The OPM may request regular medical updates to ascertain that you are still eligible to receive the benefits. You may need to pay for medical examinations when the OPM calls for such medical updates. Failure to provide the required proof will stop your benefits. As soon as you no longer need periodic treatments or become free of the illness, the benefits will also stop.

If the OPM does not approve your application, you can request a reconsideration within thirty days of the rejection notice. During this stage, you may need to provide more documents to support your disability claim. As a last resort in the case of another denial of your claim, you must proceed to the Merit Systems Protection Board to have an Administrative Judge review your suit.

The application process can be a hassle. If you find that everything looks confusing, you should employ the services of a federal employment lawyer to guide and represent you, especially if your disability claim is denied.[/vc_column_text][/vc_column][/vc_row]