5 U.S.C. § 8453
Application
A claim may be allowed under this subchapter only if application is filed with the Office before the employee or Member is separated from the service or within 1 year thereafter. This time limitation may be waived by the Office for an employee or Member who, at the date of separation from service or within 1 year thereafter, is mentally incompetent if the application is filed with the Office within 1 year from the date of restoration of the employee or Member to competency or the appointment of a fiduciary, whichever is earlier.
Notes of Decisions
Cited in 35
cases (13 in the last 5 years), 1996–2025 · leading case: Katherine McLaughlin v. Off. of Pers. Mgmt., 353 F.3d 1363 (Fed. Cir. 2004).
Katherine McLaughlin v. Off. of Pers. Mgmt., 353 F.3d 1363 (Fed. Cir. 2004). “See 5 U.S.C. § 8453 (2000). Because the determination that an applicant is not entitled to a waiver for mental incompetence does not go to the merits of the factual determination of disability, we review for substantial evidence.”
Sondra Deerinwater v. Off. of Pers. Mgmt., 78 F.3d 570 (Fed. Cir. 1996). “” On March 16, 1993, OPM denied Deerinwater’s request for reconsideration of its January 7 decision.”
Stussy v. Off. of Pers. Mgmt., 662 F. App'x 972 (Fed. Cir. 2016). “5 U.S.C. § 8453 . OPM also determined that Stussy did not qualify for a waiver of the deadline because he did not establish that he was mentally incompetent at the time of *974 his separation or that he became mentally incompetent within one year thereafter.”
Custodio v. Off. of Pers. Mgmt., 468 F. App'x 950 (Fed. Cir. 2011). “Custodio is not entitled to a waiver under 5 U.S.C. § 8453 . The statute provides that the “time limitation may be waived by the Office for an employee or Member who, at the date of separation from service or within 1 year thereafter, is mentally incompetent.”
Lawson v. Off. of Pers. Mgmt., 55 F. App'x 909 (Fed. Cir. 2003). “Pursuant to 5 U.S.C. § 8453 , an application for disability retirement under FERS must be filed with OPM before the employee separates from federal service or within one year thereafter.”
Webb v. Opm (Fed. Cir. 2023). “Webb’s application because her application was not filed within the one-year statutory deadline prescribed by 5 U.S.C. § 8453 . After unsuccess- fully seeking reconsideration of OPM’s decision, Ms.”
Howard L. Johnson v. Off. of Pers. Mgmt. (MSPB 2015). “See 5 U.S.C. § 8453 ; see also infra ¶ 7. 3 dismissed the application as untimely filed outside the 1-year statutory time limit established by 5 U.”
Oldanis Disotuar v. Off. of Pers. Mgmt. (MSPB 2024). “She reasoned that an agency’s failure to inform an employee of his potential disability retirement option was not a basis to equitably toll the statutory 1-year filing deadline required by 5 U.S.C. § 8453 . ID at 5-6. The appellant has timely filed a petition for review of the…”
Knight v. Opm (Fed. Cir. 2025). “Under 5 U.S.C. § 8453 , applications for disability retirement must be filed “before the employee .”
Robert D. Franklin v. Off. of Pers. Mgmt. (MSPB 2016). “5 U.S.C. § 8453 ; King v. Office of Personnel Management, 112 M.”
Andrew Fullman v. Off. of Pers. Mgmt. (MSPB 2016). “IAF, Tab 20; see 5 U.S.C. § 8453 . However, the administrative judge again explained the issue under appeal and agreed to provide the appellant “one final opportunity” to obtain additional evidence from his physicians.”
Wayne R. Alletto v. Off. of Pers. Mgmt. (MSPB 2016). “Nevertheless, OPM determined that the 2014 application was an entirely new application, which it dismissed because it was not filed within 1 year of his separation, as required by 5 U.S.C. § 8453 , and the appellant did not show that he was mentally incompetent at the time of…”
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