A federal employee who is medically unable to perform the duties of his or her job can apply for Federal Disability Retirement (FDR) benefits from the Office of Personnel Management (OPM). The disabled worker must submit their FDR application no later than one year from date of their separation from their federal agency. This is a very strict deadline known as a statute of limitation.
If the disabled employee does not submit his or her FDR application within one year of being separated from their agency, OPM will deny their application because it was not filed in a timely fashion and the worker will lose their eligibility for FDR benefits. The only way for a disabled worker to obtain OPM’s review of a late filed application is by proving that he or she was mentally incompetent at the date of their separation from federal service or within one year of separating from their agency.
To prove that he or she is mentally incompetent, the federal employee must submit the following documentation to OPM that covers the period of time the disabled worker claims mental incompetency:
1. A court order appointing a guardian or fiduciary to handle the affairs of the disabled individual. This specific court order can be obtained when a person, usually a family member or close friend, petitions the local county court to find that the disabled worker is unable to manager their own affairs effectively because of a disability. This is known as a guardianship proceeding.
If there is no court order, then the federal employee’s task is more difficult. In situations where there is no court order, the employee must provide OPM with both of the following documents:
2. A statement or report from the disabled worker’s treating physician on formal letterhead covering the period in question that addresses the foregoing information:
- A history of the medical condition(s) that have caused the mental incompetency including treatment, examinations, and responses to treatment
- Clinical findings from all medical evaluations and examinations including results from objective testing such as MRIs, EKGs, mental status examinations
- All diagnoses
- An expected duration of the medical condition including the date in which the incompetency began and any expected date of recovery
- An explanation of the medical basis for the incompetency decision
3. Affidavits from at least two people who know the facts surrounding the disabled worker’s mental incompetency. Each affidavit should be sworn or affirmed to before a public notary. OPM prefers that one affidavit come from a member of the employee’s immediate family and that the other affidavit come from a non-family member. The affidavits should include information concerning:
- The relationship to the employee and the amount of contact that they have had together
- Any observations that support the claim that the worker is mentally incompetent
- Any specific instances or actions that they personally witnessed that demonstrate that the employee is unable to handle their own affairs
- The reason why a guardian or fiduciary was not appointed by a court
- Who has been handling the worker’s personal affairs for them
It is critical to note that OPM has the discretion to waive the one-year statue of limitations for a disabled worker who has proven their mental incompetency. This means that proving mental incompetency does not automatically force OPM to review an application that has been filed after the one-year statute of limitations has expired.
The key takeaway is to make sure that you file your FDR application within the one-year deadline. If you miss the deadline, proving mental incompetency may be your only chance to have OPM review your late application, and even that is not guaranteed. The best practice is to hire an attorney to help you apply for FDR as soon as you and your doctor believe that you can no longer perform the duties of your job.
Contact Andalman & Flynn for Assistance with Your FDR Claim in Maryland
The disability team at Andalman & Flynn has the experience, the knowledge, and the passion to assist with the filing, processing and winning of FERS Disability Retirement claims and other disability benefit claims including Long Term Disability (LTD)/ERISA claims, State of Maryland Disability Retirement claims, and Social Security Disability benefit claims.
Contact us online or over the phone at (301) 563-6685 to set up a free consultation for your Maryland disability benefits law case.
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