[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR844.203]

[Page 349]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)
 
PART 844_FEDERAL EMPLOYEES' RETIREMENT SYSTEM_DISABILITY RETIREMENT--Table of 
 
            Subpart B_Applications for Disability Retirement
 
Sec.  844.203  Supporting documentation.

    (a) An individual or agency filing an application for disability 
retirement is responsible for providing OPM with the evidence described 
in Sec.  844.201(b)(1), as well as whatever documentation OPM requires 
in order to determine whether the individual meets the eligibility 
requirements set forth in Sec.  844.103. The documentation must be 
provided in a form prescribed by OPM. Failure to submit the 
documentation required is grounds for dismissing the application. It is 
also the responsibility of the disability annuitant to obtain and submit 
evidence OPM requires to show continuing entitlement to disability 
benefits. Unless OPM orders an examination by a physician of its choice 
under paragraph (b) of this section, the cost of providing medical 
documentation rests with the applicant or disability annuitant.
    (b) OPM may offer the applicant a medical examination when it 
determines that an independent evaluation of medical evidence is needed 
in order to make a decision regarding an application for a disability 
annuity or a disability annuitant's entitlement to continuing benefits. 
The medical examination will be conducted by a medical officer of the 
United States or a qualified physician or board of physicians designated 
by OPM. The applicant's refusal to submit to an examination is grounds 
for dismissal of the application or termination of payments to an 
annuitant.
    (c)(1) OPM will review the documentation submitted under paragraph 
(a) of this section to determine whether the individual has met the 
eligibility requirements set forth in Sec.  844.103. OPM will issue its 
decision in writing to the individual and to the employing agency. The 
decision will include a statement of OPM's findings and conclusions and 
an explanation of the applicant's right to request reconsideration or 
MSPB review under Sec.  844.104.
    (2) OPM may rescind a decision to allow an application for 
disability retirement at any time if OPM determines that the original 
decision was erroneous due to fraud, misstatement of fact, or upon the 
acquisition of additional medical or other documentation. OPM will 
provide the individual and the employing agency with written 
notification of the rescission, including a statement of OPM's findings 
and conclusions and an explanation of the individual's right to request 
reconsideration or MSPB review under Sec.  844.104.
    (d) Subject to 5 U.S.C. 552a, any supporting documentation provided 
to OPM under this section may be shared with the Social Security 
Administration and the Office of Workers' Compensation Programs of the 
U.S. Department of Labor.

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