BenefitsLink > Q&A Columns >
Answers are provided by Robert S. Kaufman
Can Aged Annuitant Now File For Disability?
(Posted December 5, 2014)
Question 1224: I am currently receiving Railroad Retirement for 3years 6 months. Can I file for a disability pension since I was injured and am no longer able to perform my regular work? I have 34 years 10 months with the railroad when I retired and I am 63 years old .
Answer: I think you may be a little late. If you were injured doing your rail job, you needed to sue the railroad under the Federal Employers Liability Act. You need to consult with an attorney who does personal injury cases unter the FELA to see if you're still able to file suit.
As far a switching to a Disability Annuity there would be no advantage to you. Your annuity rate would be the same & you'd have to cancel your retirement annuity & pay back all of the payments that you received the past 3 years & 6 months.
Answers are provided as general guidance on the subjects covered in the question and are not provided as legal advice
to the questioner or to readers. Any legal issues should be reviewed by your legal counsel to apply the
law to the particular facts of this and similar situations.
The law in this area changes frequently. Answers are believed to be correct as of the posting dates shown. The completeness
or accuracy of a particular answer may be affected by changes in the law (statutes, regulations, rulings, court decisions, etc.)
that occur after the date on which a particular Q&A is posted.
Copyright 1997-2017 Robert S. Kaufman