Disability retirement, rehiring and rights restoration


Q. I was injured on the job in 1998. I applied for OPM disability retirement and Office of Workers’ Compensation Programs. OPM was approved first. I took that. Later, OWCP was approved and I spent nine years on OWCP. After that ended, I went back to retirement. Later, I was rehired by the government as a disabled annuitant. Am I entitled to a restoration of rights (5 USC 8151) for that time spent on OWCP (this would add nine years to my federal record)? I now work for the VA but was injured at INS. Can I apply to have the tenure of nine years restored by either VA or INS, or have I lost that nine years on OWCP? I note 5 CFR 353 seems to suggest I should get those nine years back not on retirement.

I applied for re-employment at INS when I recovered, and officials there never responded.

A. The time you spent on OWCP after you were approved for disability retirement isn’t counted in the computation of either your disability retirement or a retirement based on age and service.


About Author

Reg Jones was head of retirement and insurance policy at the Office of Personnel Management. Email your retirement-related questions to fedexperts@federaltimes.com.

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