OPM Disability Retirement: Continuation of Work

There is often the question of whether, during the process of submitting a Federal Disability Retirement application with the U.S. Office of Personnel Management, can/should one continue to work, and will such a status reflect negatively or adversely upon one’s Federal Disability Retirement application?

The question is a logical one, stemming from the seemingly self-contradictory nature of the dual assertion — one which is explicit (the Federal Disability Retirement application itself, where the Federal or Postal employee asserts that he or she can no longer perform one or more of the essential elements of one’s job), and the other which is implied (by continuing to work, does not one undermine the previous assertion?).

What complicates, confuses and muddles the issue further is the fact that, for FERS employees, the Federal Disability Retirement applicant must also file for Social Security Disability benefits (SSDI), and in order to do so, the requirement of being in a non-working status in order to qualify, only further confounds the issue.

But careful analysis will reveal that such apparent contradictions are merely superficial ones.  Hint:  Federal Disability Retirement merely requires a legal standard whereby one cannot perform all of the essential elements of one’s job; continuation in one’s employment capacity does not necessarily mean that one can perform all of the essential elements of one’s positional duties; rather, it means merely that there are certain elements which cannot be performed.

Further, with respect to the intersecting issue of SSDI, there is a distinction to be made between qualifying and filing.  Life’s contradictions are often merely surface-intersections between technical word-games.  Once the verbiage confusion is resolved, the conflict itself dissolves.

It is sort of like the difference between reading about a man falling off of a cliff, and actually being a tourist at the Grand Canyon and being the subject of a news story the next day.


Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: The 80% Rule

I recently wrote an article on FedSmith.com concerning the legal process of filing for Federal Disability Retirement benefits under FERS or CSRS, and a reader posted a comment implying and suggesting a lack of understanding about a benefit which would allow for payment of 40% of the average of one’s highest three consecutive years, and in addition, to allow for that annuitant to make up to 80% of what the former federal position currently pays.

I beg to differ. The purpose of allowing an annuitant to potentially go out and earn additional compensation in the private sector are multi-fold: it allows for an individual to remain productive; he or she continues to contribute in the workforce and, as a consequence, pays taxes, FICA, etc.; the amount of 40% (after the first year) is an incentive to go out and do something else. Further, Federal Disability Retirement benefits are part of a compensation package offered to a Federal or Postal employee — it is part of the total employment package, and there is certainly nothing wrong with taking advantage of that employment benefit if and when the need arises. The truth is that most people don’t get anywhere near the 80% mark, but hover closer to the 40 – 50% mark, and together with the disability annuity, are able to make a decent living. All in all, the 80% rule is a smart and thoughtful incentive for those who are disabled.


Robert R. McGill, Esquire