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Can a Federal Employee apply for disability retirement through OPM if they miss the 1-year deadline? There are situations where an untimely application might still be considered.

One such scenario where a former federal employee’s late application for disability retirement to OPM might be considered is when the federal employee has been mentally incompetent.

Generally, an application for disability retirement under FERS must be filed with an employee’s employing agency before the employee separates from service or with the former employing agency or with OPM within 1 year after the employee’s separation. Under both CSRS and FERS, the 1-year time limit for filing a disability retirement application following an employee’s separation from service may be waived if the employee is mentally incompetent at the date of separation or within 1 year thereafter and if the application is filed with OPM within 1 year from the date the employee is restored to competency or is appointed a fiduciary, whichever is earlier.

It is the employee’s burden to prove by preponderant evidence that he was mentally incompetent during the relevant filing period. This will often necessitate a legally sufficient medical report attesting to the incompetence, the period of incompetence, and the applicant’s restoration to competence and/or appointment of a fiduciary.

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 L. 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 d 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 L. Pines to schedule a telephone consultation.

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Eric L. Pines is a nationally recognized federal employment lawyer, mediator, and attorney business coach. He represents federal employees and acts as in-house counsel for over fifty thousand federal employees through his work as a federal employee labor union representative.

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