[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: 5CFR844.401]

[Page 351]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)
 
PART 844_FEDERAL EMPLOYEES' RETIREMENT SYSTEM_DISABILITY RETIREMENT--Table of 
 
      Subpart D_Termination and Reinstatement of Disability Annuity
 
Sec.  844.401  Recovery from disability.


    (a) Each annuitant receiving disability annuity from the Fund shall 
be examined under the direction of OPM at the end of one year from the 
date of disability retirement and annually thereafter until the 
annuitant becomes 60 years of age unless the disability is found by OPM 
to be permanent in character. OPM may order a medical or other 
examination at any time to determine the facts relative to the nature 
and degree of disability of the annuitant. Failure to submit to 
reexamination shall result in suspension of annuity.
    (b) A disability annuitant may request medical reevaluation under 
the provisions of this section at any time. OPM may reevaluate the 
medical condition of disability annuitants age 60 or over only on their 
own request.
    (c) Recovery based on medical or other documentation. When OPM 
determines on the basis of medical documentation or other evidence that 
a disability annuitant has recovered from the disability, OPM will 
terminate the annuity effective on the first day of the month beginning 
1 year after the date of the medical documentation or other evidence 
showing recovery. If an agency reemploys a disability annuitant who has 
been found recovered at any grade or rate of pay within the 1-year 
period pending termination of the disability annuity under this 
paragraph, OPM will terminate the annuity effective on the date of 
reemployment.
    (d) Recovery based on reemployment by the Federal Government. 
Reemployment by an agency at any time before age 60 is evidence of 
recovery if the reemployment is under an appointment not limited to a 
year or less, at the same or higher grade or pay level as the position 
from which the disability annuitant retired. The new position must be 
full-time unless the position the disability annuitant occupied 
immediately before retirement was less than full-time, in which case the 
new position must have a work schedule of no less time than that of the 
position from which the disability annuitant retired. In this instance, 
OPM needs no medical documentation to find the annuitant recovered. 
Disability annuity payments will terminate effective on the first day of 
the month following the month in which the recovery finding is made 
under this paragraph.