Can My OPM Disability Retirement Benefits Be Reinstated If They Stopped?
If you were approved in the past for OPM disability retirement benefits — meaning benefits for disabled civilian federal employees through the Office of Personnel Management, or OPM — you know that the process for getting approved can be lengthy and complex. Depending upon when you were approved for benefits, you may also be aware that your application for disability retirement was among those approved on the condition that you would need to periodically provide updated medical information about the status of your disability. Whether your benefits stopped after you underwent a periodic medical exam or at another point in time, you may be wondering about your options.
More specifically, if at any point your disability benefits stopped and the OPM said that you were no longer eligible, are there any steps you can take to have your disability retirement benefits reinstated? It will depend on the reason that your OPM disability benefits stopped, as well as your present medical circumstances. Our national OPM disability retirement attorneys can explain in more detail, and we can speak with you today about your case.
Reinstating Benefits After Being Medically Recovered
According to the OPM, if you stopped receiving an OPM disability retirement benefit “because you were found recovered either medically or administratively,” then you may be eligible to have your benefit reinstated. The process for doing this will depend on whether you were considered medically or administratively recovered.
If you were considered medically recovered but your disability recurs, as long as you have not exceeded the “80 percent earnings limitation,” then the OPM says that your benefit can resume. And, “if your disability benefit stopped merely because you exceeded the earnings limitation, then your benefit can resume . . . after you no longer exceed the 80 percent earnings limit.”
Receiving Benefits Again After Being Administratively Recovered
What about being administratively recovered? This happens if you return to a federal job where either your salary or grade is higher than it was when you previously retired and received OPM disability retirement benefits. If your disability recurs, you can be eligible to receive OPM disability benefits again, but you will need to go through the entire OPM disability retirement benefits process anew. That means submitting a new application with all of its requirements, including new medical documentation.
To find out how to have your benefits reinstated, you should seek legal advice as soon as possible if your disability has recurred.
Contact Our National OPM Disability Retirement Lawyers Today for Help Having Your Benefits Reinstated
If you were previously receiving OPM disability retirement benefits but your benefits stopped for medical or administrative reasons, you may be able to have your benefits reinstated if there has been a change in circumstances. As we discussed above, if your disability has recurred, you should begin working with an experienced national OPM disability retirement attorney at the Law Offices of Stephen Barszcz as soon as possible to see about your renewed eligibility. Do not hesitate to reach out to our firm to learn more about how we can assist you with all issues related to your OPM disability retirement and eligibility. Contact our firm today for assistance.
Source:
opm.gov/support/retirement/faq/disability-benefits/
