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Federal Disability Retirement: Mental Health Conditions and late-filed Disability Retirement Applications

Federal Disability Retirement: Mental Health Conditions and late-filed Disability Retirement Applications

This blog often references the fact that the MSPB loves its deadlines. OPM is no different. The general rule is that a Federal employee or USPS employee must apply for federal disability retirement no later than one year after separation from Federal Civil Service.

In some situations, however, the Federal employee or USPS worker will not have the mental competence to file an application for federal disability retirement on his or her own. What to do?

There is certain evidence you will want to provide to OPM on initial application, on reconsideration, or to the MSPB on appeal if OPM denies your federal disability retirement application.

That evidence includes:

1) Evidence that the Federal employee or USPS employee lacked sufficient control of his of her mental faculties to pursue an application for federal disability retirement to OPM;

2) Evidence that the Federal employee or USPS employee lacked sufficient control of his or her own mental faculties to provide oral direction to someone else who could have filed an application on his or her behalf; or,

3) Medical Evidence that the mental health condition results in mental incompetence.

No post on this website is legal advice, is meant to be legal advice, and certainly does not serve as a substitute for legal advice. Information is power, and we are providing this information to give you, the federal employee or postal worker, with some power. This information is not widely or easily accessible to Federal Employees or postal workers.

The Law Office of Eric Pines represents Federal employees under FERS or CSRS in their applications for federal disability retirement to OPM. If an application for federal disability retirement is denied, the Firm represents Federal employees under both FERS and CSRS in their MSPB appeals of denials of federal disability retirement applications by OPM.

It is best to consult with a lawyer familiar with Merit Systems Protection Board (MSPB) and federal disability retirement appeals to discuss the facts and law of your particular case. If you are an employee of the USPS, or a Federal employee under FERS or CSRS, and are considering applying for federal disability retirement to OPM, or would like to discuss your application for federal disability retirement, under FERS or CSRS, or OPM’s denial of your applications for federal disability retirement benefits under FERS or CSRS, contact an MSPB attorney or a Federal Disability Retirement Lawyer at the Law Office of Eric Pines to schedule a telephone consultation.