Federal Disability Retirement: 5 Steps to Prove Eligibility for FERS Disability Retirement: Step 1

Eric PinesFederal Disability Retirement, General Federal Employment Law, MSPB Appeals0

In a previous post, we outlined “5 Steps to Prove Eligibility for FERS Disability Retirement.”

We outlined the 5 basic steps: Eligibility, Disability, Continuity, Reassignment, and Appeal.

This post will discuss the first step: Eligibility. Most employees have little difficulty meeting the Eligibility requirements for disability retirement under FERS/ CSRS. There are two big ones:

1) 18 months of federal civilian service ( FERS) or 5 years under CSRS , and,

2) while in a position subject to FERS/ CSRS.

To determine if you are in a position covered by FERS, you can look at Block 30 of your most recent SF-50 (Standard Form 50). If this block has the letter “K” in it, you are in a position covered by FERS. Thus, the first piece of evidence you will need in your disability retirement application to OPM or appeal to the MSPB is your most recent SF-50.

Now, there are three other codes that could appear in Block 50: L, M, and N. These codes are FERS covered positions for certain special jobs.

Code L: FERS employee in an Air Traffic Controller (ATC) position

Code M: FERS employee in a Firefighter or Law Enforcement Officer (FF/LEO) position

Code N: FERS special code for certain reserve technicians

So, if you have 18 months of service in a position where codes K, L, M, or N appear in Block 30 of your current SF-50, then you likely meet the Eligibility element for disability retirement under FERS.

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, with some power. This information is not widely or easily accessible to Federal Employees.

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

It is best to consult with a lawyer familiar with Merit Systems Protection Board (MSPB) appeals to discuss the facts and law of your particular case. If you have questions about disability retirement under FERS or CSRS, or OPM’s denial of your applications for disability retirement benefits under FERS or CSRS, contact an MSPB attorney at the Law Office of Eric Pines to schedule a telephone consultation.