Disability
When to Consider Applying for Disability Retirement
You should consider applying for disability retirement only after you have
provided your employing agency with complete documentation of your medical condition
and your agency has exhausted all reasonable attempts to retain you in a productive
capacity, through accommodation or reassignment.
Eligibility Requirements
You must meet all of the following conditions to be eligible for disability
retirement:
- You must have completed at least 18 months of Federal civilian service which
is creditable under the Federal Employees Retirement System (FERS).
- You must, while employed in a position subject to the retirement system,
have become disabled, because of disease or injury, for useful and efficient
service in your current position.
- The disability must be expected to last at least one year.
- 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,
within the same commuting area, for which you are qualified for reassignment.
- You, or your guardian or other interested person, must apply before your
separation from service or within one year thereafter. The application must
be received by either OPM or your former employing agency within one year
of the date of your separation. This time limit can be waived only if you
were mentally incompetent on the date of separation or within one year of
this date.
- You must apply for social security disability benefits. Application for
disability retirement under FERS requires an application for social security
benefits. If the application for social security disability benefits is withdrawn
for any reason, OPM will dismiss the FERS disability retirement application
upon notification by the Social Security Administration.
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Applying for FERS Disability Retirement
You must complete the following forms:
- SF 3107, Application for Immediate Retirement, and
- SF 3112, Documentation In Support of Disability Retirement
- If you are under age 62, documentation that you have applied for social
security disability benefits after you separated from your agency.
If you have been separated from Federal service for 31 days or less-
Your employing agency will help you complete these forms and will forward the
completed forms to OPM. However, it is your responsibility to obtain all
of the information necessary for OPM to make a decision on your claim.
This includes providing all of the required forms and documents.
If you have been separated from Federal service for more than 31 days-
Your application for disability retirement must be received by OPM within one
year after the date of your separation. If you have been separated from Federal
service for more than 31 days, your former employing agency may no longer have
your personnel records and may not be able to recover them in time to process
your disability retirement application and submit it to OPM within the one-year
time limit. Therefore, you should submit your application directly to
OPM rather than to your agency.
U.S. Office of Personnel Management
Retirement Operations Center
Post Office Box 45
Boyers, PA 16017
- Ask your former supervisor and employing agency to complete SF 3112B, SF
3112D and SF 3112E and give them to you so you can send them to OPM.
- If you think you will not have the completed package in time to meet the
one-year time limit, send OPM the completed SF 3107 and SF 3112A, along with
the name, address and telephone number of the person(s) you have asked to
complete the remaining forms.
Periodic Medical Exams to Keep Your Disability Benefit
When we approve your application for disability retirement, we may determine
that based on your medical condition you will periodically have to provide us
with current medical information in order to continue receiving benefits.
Paying for Periodic Medical Exams
You are responsible for paying for any medical exams that are needed.
If you do not fulfill the request for evidence of continuing disability, it
is likely that your benefit payments could be suspended until your continuing
eligibility is established.
Changing Your Retirement to Disability Retirement
You can submit an application for disability retirement within one year after
your separation from employment provided you did not elect the alternative form
of annuity with a lump sum payment equal to your retirement contributions.
You and your former employing agency must submit evidence that shows you became
disabled while employed in a position subject to FERS coverage, and you and
your agency must provide evidence that you were unable to perform useful and
efficient service because of disease or injury in the position you retired from.
Your former agency will also have to certify that it could not reasonably
accommodate your condition. Moreover, you must not have declined an offer
of reassignment to a vacant position in the commuting area at the same grade
or pay level and tenure.
If you change to disability retirement, you will lose your special retirement
supplement. This supplement is not paid to individuals who retire on disability.
Termination of FERS Disability Benefit
If you are under age 60, your benefit will stop if:
- You are found to be medically recovered from your disabling condition;
- In any calendar year your income from wages and self-employment is at least
80 percent of the current rate of basic pay from the position you retired
from (also known as restoration to earning capacity); or
- You are reemployed in the Federal service in a position equivalent to what
you held at retirement (also called “administratively recovered”).
Reinstatement of Disability Benefit if it Stops
- If your disability benefit stopped because you were found recovered either
medically or administratively, your benefit can resume only if the disability
recurs and you do not exceed the 80 percent earnings limitation.
- If your disability stopped because you exceeded the earnings limitation,
your benefit can resume effective the first of the year after you no longer
exceed the 80 percent earnings limit.
Disability Retirement Computation
FERS disability benefits are computed in different ways depending on the annuitant’s
age and amount of service at retirement. In addition, FERS disability
retirement benefits are recomputed after the first twelve months and again at
age 62, if the annuitant is under age 62 at the time of disability retirement.
FERS Disability Computation if-
- Age 62 or older at retirement, or
- Meet the age and service requirements for immediate voluntary retirement
You receive your “earned” annuity based on the general FERS annuity computation, as follows-
1 percent of your high-3 average salary for each year of service |
1.1 percent of your high-3 average salary for each year of service |
FERS Disability Computation if-
- Under age 62 at retirement, and
- Not eligible for immediate voluntary retirement
60% of your high-3 average salary minus 100% of your Social security
benefit for any month in which you are entitled to Social Security benefits
However, you are entitled to your “earned” annuity, if it
is larger than this amount. |
40% of your high-3 average salary minus 60% of your Social Security
benefit for any month in which you are entitled to Social Security disability
benefits.
However, you are entitled to your “earned” annuity, if it
is larger than this amount.
|
If your actual service, plus the credit for time as a disability annuitant
equals less than 20 years::
1 percent of your high-3 average salary for each year of service
If your actual service, plus the credit for time as a disability annuitant
equals 20 or more years:
1.1 percent of your high-3 average salary for each year of service
Total Service used in the computation:
• will be increased by the amount of time you have received a disability
annuity
Average Salary used in the computation:
• will be increased by all FERS cost-of-living increases paid during
the time you received a disability annuity.
|
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Reductions in Disability Annuity
Survivor Benefits
If you are married, your benefit will be reduced for a survivor benefit, unless
your spouse consented to your election of less than a full survivor annuity.
If the total of the survivor benefit(s) you elect equals 50% of your benefit,
your annuity is reduced by 10%. If the total equals 25%, the reduction is 5%.
Unpaid Service if “earned” annuity paid
If you have a CSRS component in your annuity, the CSRS portion of your benefit
will be reduced by 10% of any deposit owed for CSRS non-deduction service performed
before October 1, 1982, unless the deposit was paid before retirement.
Cost of Living Adjustments for FERS Disability Retiree
If you are under age 62, and your annuity was computed using 60% of your high-3
average salary, COLA’s are not payable for the first 12 months.
COLAs which occur after this 12-month period are payable. If you are age 62
at retirement or if you meet the age and service requirements for an immediate
FERS annuity, all cost-of-living adjustments occurring after the commencing
date of annuity are payable.
Entitlement to Other Benefits-Effect on FERS Disability
Benefit:
Social Security Benefits
If you are under age 62 and your annuity benefits were computed using either
60% or 40% of your high-3 average salary, the Office of Personnel Management
will reduce your monthly annuity by all or a portion of your Social Security
benefits. While you are receiving an annuity computed using the 60% computation,
OPM must reduce your monthly annuity by 100% of any Social Security disability
benefit to which you are entitled. While you are receiving an annuity
computed using the 40% computation, your monthly annuity will be reduced by
60% of any Social security disability benefit to which you are entitled. This
reduction only applies for months in which you are concurrently entitled to
both FERS and Social Security benefits.
Receipt of disability benefits from the Office of Personnel Management
and total or partial disability benefits from the U.S. Department of Labor,
Office of Workers' Compensation Programs (OWCP) at the same time
Generally, you must decide which benefit is most advantageous for you and elect
to receive that one. If you decide you want to receive Office of Workers' Compensation
Programs (OWCP) benefits, payments from the Office of Personnel Management will
be suspended. However, if your OWCP benefits stop, you can ask us to pay
your FERS disability benefit. You can receive an OWCP “Scheduled
Award” and the Office of Personnel Management benefits at the same
time. Contact us to tell us if you are
awarded workers' compensation benefits and see if you need to make an election
between benefits.
Refer to the Office
of Workers' Compensation Programs (OWCP) for additional information about
workers' compensation benefits.