5 C.F.R. § 844.203

Supporting documentation

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(a) An individual or agency filing an application for disability retirement is responsible for providing OPM with the evidence described in § 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 § 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 § 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 § 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 § 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.

Notes of Decisions
Cited in 7 cases (4 in the last 5 years), 1995–2024 · leading case: Thomas N. Trevan v. Off. of Pers. Mgmt., 69 F.3d 520 (Fed. Cir. 1995).
Thomas N. Trevan v. Off. of Pers. Mgmt., 69 F.3d 520 (Fed. Cir. 1995). · cites it 3× “5 C.F.R. § 844.203 (a), (c)(1). OPM may deny a disability retirement application for failure to submit information requested by OPM.”
Robert H. Lary, Jr. v. United States Postal Serv., 472 F.3d 1363 (Fed. Cir. 2006). “” 5 C.F.R. § 844.203 (a) (2006); see also OPM Standard Form 3112, “Documentation in Support of Disability Retirement Application” (1995), available at http://www.”
Idiana Murray v. Off. of Pers. Mgmt. (MSPB 2023). · cites it 3× “¶11 In its reconsideration decision, OPM cited 5 C.F.R. § 844.203 (c)(1), a regulation covering disability retirement applications which states: “OPM will issue its decision in writing to the individual and to the employing agency,” and argued that because it could no longer…”
Michael Carroll v. Off. of Pers. Mgmt. (MSPB 2024). · cites it 3× “He found that OPM’s regulations at 5 C.F.R. § 844.203 (c)(2) prescribe a specific set of circumstances in which OPM is permitted to rescind a decision allowing an application for FERS disability retirement, and that those circumstances were not present in the instant appeal.”
Mike Kobey v. Off. of Pers. Mgmt. (MSPB 2023). “” 5 C.F.R. § 844.203 (c) (2). Accordingly, we find that OPM correctly rescinded or cancelled the appellant’s disability retirement annuity.”
Khalil Daoud v. Off. of Pers. Mgmt. (MSPB 2024). “On review, the appellant argues that 5 C.F.R. § 844.203 (c)(2) limits OPM’s authority to rescind its November 25, 2018 initial decision, which found that he did not meet the criteria for entitlement to disability retirement benefits, and issue a new decision finding his…”
Lary v. U.S. Postal Serv. (Fed. Cir. 2006). “” 5 C.F.R. § 844.203 (a) (2006); see also OPM Standard Form 3112, “Documentation in Support of Disability Retirement Application” (1995), available at http://www.”
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