[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR844.201]

[Page 338]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)
 
PART 844_FEDERAL EMPLOYEES' RETIREMENT SYSTEM_DISABILITY RETIREMENT
--Table of Contents
 
            Subpart B_Applications for Disability Retirement
 
Sec. 844.201  General requirements.


    (a)(1) Except as provided in paragraphs (a)(3) and (a)(4) of this 
section, an application for disability retirement is timely only if it 
is filed with the employing agency before the employee or Member 
separates from service, or with the former employing agency or OPM 
within 1 year thereafter.
    (2) An application for disability retirement that is filed with OPM, 
an employing agency or former employing agency by personal delivery is 
considered filed on the date on which OPM, the employing agency or 
former employing agency receives it. The date of filing by facsimile is 
the date of the facsimile. The date of filing by mail is determined by 
the postmark date; if no legible postmark date appears on the mailing, 
the application is presumed to have been mailed 5 days before its 
receipt, excluding days on which OPM, the employing agency or former 
employing agency, as appropriate, is closed for business. The date of 
filing by commercial overnight delivery is the date the application is 
given to the overnight delivery service.
    (3) An application for disability retirement that is filed with OPM 
or the applicant's former employing agency within 1 year after the 
employee's separation, and that is incompletely executed or submitted in 
a letter or other form not prescribed by OPM, is deemed timely filed. 
OPM will not adjudicate the application or make payment until the 
application is filed on a form prescribed by OPM.
    (4) OPM may waive the 1-year time limit if the employee or Member is 
mentally incompetent on the date of separation or within 1 year 
thereafter, in which case the individual or his or her representative 
must file the application with the former employing agency or OPM within 
1 year after the date the individual regains competency or a court 
appoints a fiduciary, whichever is earlier.
    (b)(1) Before payment of a disability annuity under this part can be 
authorized, the applicant must provide OPM with:
    (i) Satisfactory evidence that the applicant has filed an 
application for disability insurance benefits under section 223 of the 
Social Security Act; or
    (ii) An official statement from the Social Security Administration 
that the individual is not insured for disability insurance benefits as 
defined in section 223(c)(1) of the Social Security Act.
    (2) A disability retirement application under this part will be 
dismissed when OPM is notified by the Social Security Administration 
that the application referred to in paragraph (b)(1)(i) of this section 
has been withdrawn. All rights to an annuity under this part terminate 
upon withdrawal of an application for social security disability 
benefits.
    (c) An agency may consider the existence of a pending disability 
retirement application when deciding whether and when to take other 
personnel actions. An employee's filing for disability retirement does 
not require the agency to delay any appropriate personnel action.

[55 FR 6598, Feb. 26, 1990, as amended at 63 FR 17050, Apr. 8, 1998]