Can I Be Eligible for OPM Disability Retirement Due to a Mental Health Condition?
If you are currently working in a federal job in which you are eligible for the Federal Employees Retirement System (FERS), you may be able to take Office of Personnel Management (OPM) disability retirement if you develop or are diagnosed with a disabling health condition. If you are in this situation and your condition is a mental health one, can you still be eligible for OPM disability retirement benefits? You may be eligible, but it is important to understand the complexity of these cases.
Who Should Consider Applying for OPM Disability Retirement Benefits Due to a Mental Health Condition
If you have been diagnosed with a mental health condition that is severely affecting your ability to work, you may want to consider applying for OPM disability retirement benefits if you meet general requirements. In order to be eligible, all of the following must be true of your employment circumstances and your medical condition:
- You have worked in federal civilian service for at least 18 months and your work time is creditable under the FERS;
- Your mental health condition resulted in your becoming disabled while you were employed in your FERS-eligible job, and your disability means that you are “disabled for useful and efficient service in your condition,” which the OPM defines as meaning “fully successful performance of the critical or essential elements of the position — or the ability to perform at that level — and satisfactory conduct and attendance”;
- Your disability is expected to last for at least one year;
- Your agency has or will certify that it is unable to accommodate your medical condition in your current job, and that it has considered you to fill a vacant position that is similar in nature, scope, and location;
- You have or will apply for benefits before your separation from service or within one year; and
- You have or will apply for Social Security disability benefits.
Proving Your Mental Health Condition is a Disability as Required for OPM Disability Retirement Benefits
If you meet the above requirements, you will then need to consider providing medical evidence that your mental health condition “counts” as a disability.
To be clear, even when a disability is “invisible,” meaning that it is not visually obvious to another person, including mental health conditions, you can certainly still qualify for benefits — including OPM disability retirement benefits and Social Security Disability Insurance (SSDI) benefits, but it will be crucial to work with an attorney who can gather the necessary evidence to prove your eligibility given that mental health conditions can be more complicated to prove than physical conditions that are disabling.
Contact Our National OPM Disability Retirement Lawyers for Assistance with Eligibility Questions and Your Application for Benefits
Do you meet the work-related requirements for OPM disability retirement but you have questions about your eligibility based on your specific medical condition? Whether you are facing a mental health condition or another type of serious health issue, you may be able to prove your eligibility for OPM disability retirement benefits with assistance from a lawyer who has experience handling cases like yours and assisting employees with their initial applications and appeals. An experienced national OPM disability retirement attorney at the Law Offices of Stephen Barszcz can speak with you today to learn more about the details of your case and to begin working with you on your application for benefits.
Source:
opm.gov/retirement-center/
