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BenefitsLink > Q&A Columns >

Stop, Look & Listen: Railroad Retirement Benefits Q&A

Answers are provided by Robert S. Kaufman

Occupational Disability

(Posted October 28, 2004)

Question 524: I am a Train Dispatcher and have been for over 30 years. I am 51 and have sleep apnea. I understand there was a recent directive from the Federal Railroad Administration to address sleep apnea issues (to remove employees with this problem). If the railroad pulls me out of service, will I qualify for Railroad Retirement disability, or can they force me into a different occupation?

Answer: Based on the information that you furnished, it appears you would qualify for an Occupational Disability Annuity from Railroad Retirement if the railroad "disqualifies" you because of your physical condition.

Assignment to work in another craft as an alternative is a matter for you, your brotherhood and the railroad to discuss. The railroad industry generally provides very limited opportunities for that to occur.


Important notice:

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
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