Disability Retirement Process

Melville Johnson
April 6, 2020

To be eligible for disability retirement, the federal employee must have:

  1. Completed at least eighteen (18) months of federal civilian service which is creditable under the Federal Employees Retirement System (FERS)
  2. While employed in a position subject to the retirement system, they become disabled, because of disease or injury, for useful and efficient service in their current position;
  3. The disability is expected to last at least one (1) year
  4. The  federal agency certifies that it (1) Is unable to accommodate the federal employee’s disabling medical condition in their present position and (2) that the  federal agency has considered you for any vacant position in the same federal agency at the same grade or pay level, within the same commuting area, for which you are qualified for reassignment.[1]

The federal employee, guardian, or other interested person, must apply before separation from service with the federal agency or within one (1) year thereafter. The application must be received by either OPM or the federal employee’s former employing agency within one year of the date of the federal employee’s separation. This time limit can be waived only if the federal employee was mentally incompetent on the date of separation or within one year of this date.

The federal employee attorneys at Melville Johnson, P.C. have expertise in litigating Disability Retirement matters with the OPM, and are willing and able to assist you with your legal needs. Call or message us today to discuss your claim and learn how we can assist you.

[1] OPM Disability Retirement

This blog and web site published by Melville Johnson, P.C. should not be used as a substitute for seeking competent legal advice from a licensed professional attorney. Readers of this information should not act upon any information contained on this blog or website without seeking professional counsel.
Contact us today
If you're a federal employee and feel you've been the victim of unlawful discrimination involving MSPB claims or EEO claims, our experienced federal employment attorneys stand ready to fight on your behalf. Give us a call today at (404) 724-0000 or fill out the form below and we'll be sure to follow up in a timely manner.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
what our clients are saying
“I really appreciate how much Melville Johnson cared about my case. From the very beginning of the process, their federal employee attorneys were friendly and very informative. We won the case, and they were even helpful afterwards, answering any questions or concerns. Thank you Melville Johnson, and I will definitely pass your good work along to others in need.”
- Jim R.
“Despite the complexity of my situation, Melville Johnson took on my claim and immediately put me at ease with a clear demonstration of their expertise with EEO law. From the very start, the firm’s team members have been amazing to work with—hardworking, honest and extremely trustworthy. I would recommend them to anyone who needed this type of legal assistance!”
- Bridget B.
“As a person with a disability working for the federal government, I knew I needed to get the right legal professional assistance for my case. And while the process could have been tedious and overwhelming for a layperson without much legal knowledge, Melville Johnson alleviated all the potential stress involved by taking the guesswork out of my hands. With their help, I received disability approval in record time! I want to thank you for the superior work your firm performed. From my very first contact, your Client Intake Manager took the time to answer all of my initial questions and provide detailed information at every turn. And your attorneys showed nothing but professionalism and kindness throughout the process.”
- Sandra B.
“The consummate professionals at Melville Johnson work closely with you to ensure your rights are being protected. As a current federal employee, I found myself in a situation where the job I was asked to do didn’t match the position description for which I was hired nor the compensation I deserved. With the firm’s help, I was able to obtain back pay and transfer into a position that matched the job I was performing."
- L.M.