For those FERS Disability Retirement annuitants who are/were concurrently receiving SSDI benefits, and have gone out to earn more income — there is good news.
In the past, if you exceeded the allowable income-ceiling, you would lose your SSDI benefits because you engaged in substantial gainful activity. With no longer receiving SSDI benefits, the FERS annuitant would go to OPM and request that the Disability Retirement annuity be “recalculated”, because he/she is no longer receiving the SSDI offset amount.
In the past, OPM has consistently (and now, wrongly, it turns out) argued that, because such an individual continues to remain “entitled” to SSDI benefits (even though he/she is not receiving any such benefits), that therefore OPM is not required to recalculate the FERS disability retirement annuity upwards for the benefit of the FERS individual.
No longer.
The U.S. Court of Appeals for the Federal Circuit just issued the opinion in Stephenson v. OPM, Case #2012-3074, in which they have clearly and unequivocally stated that OPM’s interpretation of the law has been in error. When a FERS disability retirement annuitant loses his or her SSDI benefits for engaging in substantial gainful activity, OPM must recalculate the FERS disability retirement benefit.
I argued the case in early December; the Court issued its precedent-setting opinion in just over a month. This is indeed a major victory for FERS annuitants. You can now take this case and wave it at OPM and demand that your Federal Disability Retirement annuity be recalculated — in your favor.
Sincerely,
Robert R. McGill, Esquire
Attorney Robert R. McGill Reviews from former clients
OPM Disability Retirement, Et Cetera… 
Mr. McGill,
Congratulations to both you and Mr. Stephenson on this fantastic legal victory. The decision in Stephenson directly affects me, as I am both a FERS annuitant and receive SSDI. When I re-enter the workforce and I am no longer entitled to SSDI, I fully expect (thanks to you) that OPM will correctly re-calculate my annuity. Thanks again for always zealously advocating on behalf of disabled federal employees.
As recently as May 2013, OPM has continued the practice (at least in my case) of refusing to process requests for recalculation. Since Sept., 2012, when I lost my entitlement/eligibility for SSDI due to substantial work I have been requesting OPM to recalculate my disability annuity to eliminate the offset. Very frustrating.
I want to know retirement annual of monthly about more money for 3 every year.
If u call me and my phone is ***-***-****.
Patricia Head
PS u get questions?
I was granted a Disability Retirement Aug 2013. I am currently doing physical theraphy from shoulder surgery Oct of 2013. My agency has all of a sudden come up with a job offer for me. I dont understand this?
PLEASE HELP?
I have been fighting this same crap since March of 2011. Just received letter from OPM which states they are reviewing my case in light of the decision you obtained last year. They better back date the change or we will have to go fight another battle against these folks. It i’s not right they have taken so long just to do what is not only reasonable but right!
I want to thank you for fighting the fight for us!!! Well done sir.
Stand by as we may have to fight again.
I recently retired on disability on Feb 28 2012. It has always bothered me in order for me to go that route I had to take a pay cut of $10,000 i had worked for almost by that time it was 29 years let me explain. I had a mini stroke one day and went to work the following day and notice I couldn’t do my work I couldn’t remember my passwords or even do my work. The office manager and district manager had given me two options so I gave it a shot and took the pay cut, but couldn’t handle it so my retirement was based on the new pay grade. I once was told by a STO employee I shouldn’t have done that. Everything is on file all p/w is. Does it make any sense? So do I even have a chance on this benefits I lost quite a bit sort of benefits or us it too late. My phone number is YYY-YYY-YYYY. If anyone would like to look into it. Maybe what in saying has nothing to do what is being said on this article. I do think there would be a significant difference in the recalculation of my annuity. I feel I dedicated my years to the agency-fsa to go down like this. There is much I could say but too long to write about it.
Sir:
I am a CBP Chief Officer with 23 years services. I had a stroke in Mach of 2013 and another in July of 2013. I tried to come back to work in July of 2014 I cannot do the job. I was a GS 13-6 and make about $103,000.00. I cannot live in $40,00.00 dollars. What can I do? My boss is saying I have to be a “fit for duty.”
Mr. McGill
I am a FERS retiree and receiving SSDI since June 2013. Can you tell me the history (executive order) and date of said order. I have over 30 years of SSI contributions and 23 of those were for the Federal Government. I feel ripped off, of my earned retirement and SSI quarters.
Thank you for any information you can provide.
What is TSP TO DO?
Thank you Mr. McGill, you represented me in a opm med disability and won in under 9 months.
I have been disabled from federal correctional officer since I was 41, next year I will be 62. Will I start receiving my full fers retirement and continue receiving my ssdi
I’ve been taken off gets disability for a few years since I went back to work. The recalculated annuity is substantially less than FERS disability and I was not receiving SSDI except for the first 2 years immediately following disability retirement. Feel like I wad screwed and tattooed for working even thought permanently disabled.