You’re a U.S. Postal worker, Federal, or State employee who can no longer perform the duties of your job due either to an injury or illness. You’re not sure what to do. The good news is that you may be eligible to leave your job with federal or state disability retirement benefits.
The following discussion will provide you with information that will give you direction and put your mind at ease.
Disability retirement is a benefit that federal and state employees may be eligible to receive if it is determined that they have a disabling injury or illness that prevents them from performing their usual or essential job duties with their current employer.
Federal Disability retirement benefits are awarded to all U.S. Postal and Federal Employees under the Civil Service Retirement System (CSRS) or the Federal Employees Retirement System (FERS).
To be eligible to receive Federal Disability Retirement benefits CSRS or FERS require the following;
California Disability retirement benefits are awarded to all California Public Employees under the California Public Employees’ Retirement System (CalPERS) for both a non-industrial cause (injury or illness is non-job related) or an industrial cause (injury or illness is job-related)
To be eligible to receive California Disability retirement benefits for a non-industrial cause CalPERS requires the following;
To be eligible to receive California Disability retirement benefits for an industrial cause CalPERS requires the following;
Further, a U.S. Postal, Federal or State employee who has a pre-existing condition is not disqualified from receiving benefits if the disabling symptoms of the condition occurred post-employment.
In conclusion, a skilled and seasoned attorney is aware that under both federal and California disability retirement the linchpin for a successful award of benefits is; the employee must apply for retirement disability as soon as they believe they are unable to perform the usual or essential job duties of their current position with their current employer; and the employee must prove that they have an injury or illness that prevents them from performing said duties.
Moreover, proof of illness or injury that is established through meticulous, thorough, and complete medical documentation will make it difficult for the governing body to deny the employee disability retirement benefits.
If an employee’s application for non-industrial or industrial disability retirement is approved, they’ll receive a monthly retirement payment for the rest of their life or until they recover from their injury or illness.
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