---
kind: "section"
citation: "5 U.S.C. § 8453"
title: "5"
title_heading: "Government Organization and Employees"
number: "8453"
heading: "Application"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/8453"
units:
  - "Part III — Employees"
  - "Subpart G — Insurance and Annuities"
  - "Chapter 84 — Federal Employees’ Retirement System"
  - "Subchapter V — Disability Benefits"
---

# §8453. Application


A claim may be allowed under this subchapter only if application is filed with the [Office](/usc/5/5402.md?p=3) before the [employee](/usc/5/4701.md?p=a-2) or [Member](/usc/5/8401.md?p=20) is separated from the [service](/usc/5/8401.md?p=26) or within 1 year thereafter. This time limitation may be waived by the [Office](/usc/5/5402.md?p=3) for an [employee](/usc/5/4701.md?p=a-2) or [Member](/usc/5/8401.md?p=20) who, at the date of separation from [service](/usc/5/8401.md?p=26) or within 1 year thereafter, is mentally incompetent if the application is filed with the [Office](/usc/5/5402.md?p=3) within 1 year from the date of restoration of the [employee](/usc/5/4701.md?p=a-2) or [Member](/usc/5/8401.md?p=20) to competency or the appointment of a fiduciary, whichever is earlier.


## Source credit

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