5 U.S.C. § 8453 — Application
submitted 40 years ago by Pub. L. 99-335 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 93 words · no verdicts yet
You must file a disability claim before leaving federal service or within one year after leaving. If you were mentally incompetent during that window, the Office can excuse the deadline. You then get one more year after becoming competent again, or after a fiduciary is appointed, whichever is earlier.
A disability claim can only be approved if the employee* or Member* files it with the Office* before leaving federal service*, or within one year after leaving.
The Office can waive that one-year deadline in one situation: the person was mentally incompetent on the day they left service, or became incompetent within that first year. If so, they get a new deadline — one year from whichever happens first: the date they are restored to mental competency, or the date a fiduciary is appointed to handle their affairs.
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.
Source credit: (Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 568.)
- 1986Enacted · Pub. L. 99-335 · 100 Stat. 568
A history note hasn’t been published yet. The record shows enactment by Pub. L. 99-335 on 1986-06-06.
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