OPM Disability Retirement: The Complex Case

It goes without saying that each case of preparing and filing a Federal Disability Retirement application under FERS or CSRS is a “complex case”.  There are multiple intervening issues, including peripheral issues encompassing OWCP filings; issues with SSDI and whether to aggressively pursue it even with the offset and the lower cap for earnings; EEOC filings and collateral issues which may or may not have a direct impact upon the issues which must be focused upon in filing for Federal Disability Retirement benefits.  It is the job of an OPM Disability Attorney to tailor the issues, such that the peripheral issues do not overwhelm and dictate the centrality of a case; and to ensure that the central focus remains like a magnifying glass upon those issues which are relevant, not only to the client and to the entire process, but most importantly, to the person reviewing the case at the Office of Personnel Management.  Whenever an inquiry begins with the statement, “Mine is a rather complex case,” I realize that the primary job is to try and simplify the complexities, and that begins with narrowing the issue down to the single focus of the reason why the caller is calling in the first place:  the medical condition, and how that medical condition impacts one’s ability to perform one’s job.


Robert R. McGill, Esquire

1 thought on “OPM Disability Retirement: The Complex Case

  1. sharon

    Question: I am retired federal service due to a medical deiability. I am recieving my retirement I was recently re calculated and I am now recieveing 40% of the benefits. I was approved for SSD and I am awared 1595.00 per month, my federal is now 1,073.00 gross not net, I believe my net would be just under 700.00 can somone please tell me what I might get between the both? I ahve been told so many stories all different too! I was told that I will have to repay back my FERS and that I will always get my 1595.00 per month less any medicare fees with the DDSI but I am not sure on that. I call OPM and no one will help me and this is my employing agency! I reported to OPM the following day that I was awarded my SSD I was given a fax number so I faxed all the information to OPM and that was in January 2010 and I am now being asked again for the second time if I have been awarded SSD or not, so once again but this time I mailed out all the information with a return request certified/registed mail. How many times do I ahve to send this information to them before they get it right. The longer this take the more I ahve to repay and well I know that I will not have enough. I have not used any of my social security checks and just abit of what back pay I had coming after my lawyer got his cut. I was awareded in October 2009 and got my award notice on January 19 2010 (I believe it was the 19th) I faxed all the info to them on January 21, 2010 and on May 3, 2010 I mailed the same info to them in hope that they get it. If I have to pay back the FERS? will they take my social security until this is paid back, will they hold my FERS checks until this is paid back? is there a payment plan or intrest charged during the pay back time? I wish I just knew how much money I will have as a whole each month becuase I am on a lot of medication, durable medical equipment plus regular bills like everyone else has and I am extreamly worried about all of this and again when I call OPM I cannot get the help that I am needing. Will I ahve to hire another attorney to help me with all of this or not?

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