5 USC § 8453 - Application

---
identifier: "/us/usc/t5/s8453"
source: "usc"
legal_status: "official_legal_evidence"
title: "5 USC § 8453 - Application"
title_number: 5
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
section_number: "8453"
section_name: "Application"
chapter_number: 84
chapter_name: "FEDERAL EMPLOYEES’ RETIREMENT SYSTEM"
subchapter_number: "V"
subchapter_name: "DISABILITY BENEFITS"
part_number: "III"
part_name: "EMPLOYEES"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 568.)"
---


# § 8453. Application

A claim may be allowed under this subchapter only if application is filed with the Office before the employee or Member is separated from the service or within 1 year thereafter. This time limitation may be waived by the Office for an employee or Member who, at the date of separation from service or within 1 year thereafter, is mentally incompetent if the application is filed with the Office within 1 year from the date of restoration of the employee or Member to competency or the appointment of a fiduciary, whichever is earlier.

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**Source Credit**: (Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 568.)