Will OPM check up on me to see if I am still disabled or if I have been restored to earning capacity? If so, how, and how often?

ANSWER: Yes, they will check up on you, but the experience of most of my clients is that they will not harass you to get you off disability retirement. This policy, by the way, is different from that of the Department of Labor, which has a reputation for unrelentingly harassing employees in an effort to get them off workers' compensation. The disability retirement law requires OPM to check on your medical condition at least once a year and also permits them to check up on you whenever they so desire. The results are uneven and sporadic. Some employees are contacted within a few months of going on disability retirement while others are not contacted for years. Although OPM has the power to send annuitants to government-appointed physicians, it usually requires you to have your own physician answer a series of questions, which may be the same or similar to those previously asked on the "Physician's Statement." As to monitoring for restoration of earning capacity, that is done on an annual basis through a questionnaire, and you may, in addition, be required to provide copies of your tax returns.

  • Your information will be confidential, shared only with me and my colleague Elliott Andalman, Esq.

  • 7 − 1 =
    Please complete this simple math question to help us reduce spam.
  • This field is for validation purposes and should be left unchanged.