For Federal and Postal employees under FERS, who now comprise the majority of the workforce in the Federal government, the issue of when to file for Social Security Disability benefits (SSDI) while concurrently filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, is often a recurring question.
On SF 3112A, at the very bottom of the standard form, there are two boxes to check with respect to whether (A) Social Security disability benefits have been applied for, and (B) whether the receipt has been attached and included with one’s Federal Disability Retirement application.
Since most FERS Disability Retirement applicants are still on the agency’s rolls as either active employees, on Sick Leave, Annual Leave or Leave without Pay, the filing for Social Security disability benefits becomes an anomaly, a puzzle and a conundrum, precisely because of the following: Ultimately, the reason why Social Security disability benefits must be applied for, is to see whether or not a coordinating “offset” between FERS Disability Retirement benefits and Social Security disability benefits will be appropriately imposed (a 100% offset in the first year of concurrent receipt of benefits where the annuity rate for the FERS Disability Retirement annuitant is set at 60% of the average of one’s highest-3 consecutive years of service; then, every year thereafter, a 60% offset during each year of concurrent receipt of Federal Disability Retirement benefits at the Federal Disability Retirement annuity rate of 40% of the average of one’s highest-3 consecutive years of service); but presumably such an analysis leading to an offset would occur if an approval by the Social Security Administration is based upon information concerning the severity and extent of the medical condition and disability, and not because a denial of Social Security disability benefits is based upon one’s status of employment.
But here is the “rub”: Human Resource Offices often will demand and insist that Social Security disability benefits must be filed for, before the Federal Disability Retirement application can be forwarded to OPM. Nothing could be further from the truth; but then, as gods, dictators and other power-wielding fiefdoms comprise the vast expanse of authoritative sources in the universe, it is often a good idea to go with the flow, file (with minimal effort expended), obtain a receipt which shows that one has filed, and be asked at a later date to duplicate the effort, if needed.
Robert R. McGill, Esquire
Filed under: Clarifications of Laws or Rules, FERS Disability, OPM Disability & SSA Social Security Disability Benefits | Tagged: abuse of power federal supervisor and stress, administrative medical separation attorney for postal service employee, are fers disability retirement applicants required to file for ssdi too?, ask atty McGill in free first time consultation why owcp may stop paying you because you are permanently disable due to job injury, asking attorney Mcgill about medical requirements for federal disability benefits, can light duty agents get feca workers comp and opm disability retirement? yes to both questions but not at the same time, can you receive ssdi and fers disability, civil service ptsd lawyer, dealing with a proposal of removing from federal service because of work injury or off work injury, disability application lawyer for federal employee, dod disability retirement or ssdi, effect on pending medical retirement claim of resigning from permanent gov position, excessive absences federal government for disabling conditions, faa medical retirement requirements and guide blog, fbi disability lawyer, federal civil service medical retirement lawyer, federal disability retirement lawyer for depression bipolar, federal disability retirement lawyer serving montana employees, federal employee applying for social security disability income, federal employment medical inability to do the job, federal employment resignation notice because of disability, federal government disability lawsuit lawyer, federal government leave policy for ptsd, federal job burnout for depression and retirement, federal law enforcement agent and ssdi filing, federal worker injured off work rights, fers application 3107 disabling conditions, fers disability retirement lawyer helping Pennsylvania residents, fers disability retirement process and attorney, file an sf 50 usps opm medical retirement, filling out a ca 17 duty status report prior opm medical annuities request, financial consideration when taking early regular retirement offer and owcp disability retirement, firing for misconduct when fers employees have ptsd, functional capacity evaluation for department of labor and what my options are, getting lawyer to deal with national reassessment program usps, government service disability attorney for work stress, government supervisor abuse of authority and panic attacks, help on how to complete the sf 3112 form, help with filling out federal disability retirement forms and legal advice in case I need to appeal, how does opm disability retirement work percentage, how much can you make when you medically retire from federal government under fers? see fers disability link, how to file a lawsuit against owcp and if I should use my limited financial resources for fers disability retirement instead, how to reply to a proposal of removing from service with the government because of a work injury, if fired from federal service because of illness or injury you are still entitled to retirement but you must file within a year, legal advice for dealing with physician's report of disability, letter leaving federal employment due stress and filing for disability retirement, light duty disability for federal employees, lwop time may count toward back pay disability retirement but don’t take sl or al after long lwop, medical retirement attorney from federal civil service, modified job offer and real accommodation for fers disability retirement purposes, on 60% fers now ssdi how much to pay back fers, on the job injury federal employee unable to continue working, opm and ssa ssdi disability offset, opm and ssi disability financial considerations, opm anxiety retirement attorney, opm awol because of disability, OPM disability, opm disability attorney for panic attacks, opm disability retirement application, opm disability retirement case managers in first two stages are not lawyer, opm federal intimidation and stress on employee, opm hostile work environment guidance for federal employees with pending medical pension applications, opm medical retirement lawyer for cervical disc problems in law enforcement, opm retirement services workers comp time line to file, osteoarthritis fers disability for medical retirement lawyer, owcp decision to count lwop time towards usps retirement, owcp disability retirement lawyer, owcp long term disability attorney, performance improvement process opm after disabling condition, postal employee claiming carpal tunnel work and other illnesses, posttraumatic (post traumatic) stress disorder (ptsd) and fers medical retirement lawyer, questions and answers about fers and social security offset, quitting my federal job because of a disability: do I have any rights?, requesting fers disability applicant statement example to attorney, responding the questions on federal medical retirement application, sample fers disability statements or hiring a fers disability retirement attorney, social security disability insurance (ssdi) benefits for a postal employer, social security offset on disability that pre-dated federal employment, supervisors demeaning disabled employees to quit federal employment empty handed, using doctors that accept federal work comp patients for an early medical pension claim, USPS disability retirement, what is proposed letter of termination for illness and how it affects federal retirement, you may apply for federal disability after quitting job but it’s usually no recommendable because of opm statute of limitations | Leave a comment »