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Tuesday, October 18, 2016

Civil Service Retirement Disability

Who is eligible for Civil Service Retirement Disability?

If you believe you are entitled to Civil Service Retirement Disability from the Civil Service Retirement System (CSRS), you will have to provide your employing agency with documents supporting your claims of medical disability. Be prepared for the agency to make attempts to accommodate you so that you can continue to be productive on the job. It is best to have expert legal advice and guidance when trying to navigate any government program and CSRS is no exception. You should contact an experienced Civil Service Disability Attorney to assist you.

CSRS Requirements for Disability Eligibility

In order to be eligible for disability retirement, you must meet the following requirements:

  • Have completed 5 years of federal civilian service
  • Have become disabled while employed and no longer be able to perform your job successfully
  • Have a disability that is expected to last for at least one year
  • Have your agency agree that your disability prevents you from serving in your present position and also prevents you from taking another position in the same agency at the same pay level

It is necessary that you apply for disability retirement within one year of your separation from the agency you work for and that the agency receives your application within that same time period. The only exception to this is if you are found to be incompetent.

Necessity for Periodic Medical Exams to Maintain Your Benefits

Depending on the nature of your disability, CSRS may determine that you medical condition must be monitored periodically. It will be your responsibility to pay for these medical exams and provide the medical records to CSRS. If you don't meet your responsibility to be periodically re-examined, you will likely have your benefits suspended until you comply and your continuing eligibility is re-established.

Can CSRS disability benefits be terminated?

If you are under the age of 60, your benefits will be terminated if it is established that:

  • You  have medically recovered from your disability
  • Your income has risen to at least 80 percent of the pay you were receiving at the job you retired from (restoration to earning capacity)
  • You are reemployed in the federal service in a position equivalent to your former position (administrative recovery)

Can disability benefits be reinstated?

Yes. Your disability benefits can be reinstated if your disability reoccurs or if your income dips below 80 percent of your previous salary for at least one year.

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