BenefitsLink > Q&A Columns >
Answers are provided by Robert S. Kaufman
Disabled Rail Worker Can Apply for Disability Annuity Four Years After Leaving Rail Industry, But 6-Month Limit On Retroactive Payments Will Sting
(Posted March 18, 2012)
Question 864: A rail worker left work after 28 years, 4 years ago. Can he file for disability benefits now?
Answer: There is no time limit on filing for disability.
But, depending on what the worker did in the interval, he might no longer be eligible for an Occupational Disability Annuity. He still is eligible for a Total & Permanent Disability Annuity if his condition meets the more strict criteria for that benefit.
In either case, retroactivity of payments is limited to 6 months before the date the application is filed.
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