Medical Retirement Benefits for US Government Employees: Uniqueness & Comparisons

In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, then submitting the presentation either through one’s agency (if one is still on the rolls of the Federal or Postal Service, or if separated, it has not yet been 31 days or more) or directly to the Office of Personnel Management (if one has been separated from Federal Service for 31 days or more), it is then the entrance into the dreaded “waiting period” where the dead zone begins of increasing anxiety, angst and upheaval of awaiting “the decision” from the Office of Personnel Management.  

During this time of waiting wasteland, it is difficult to remain productive if one is no longer working at the Agency, and it is easy to fall prey to the mentality of comparison — of attempting to obtain information on other filings, of other Federal or Postal employees, either current, fairly recent, or in the far past, and attempting to gauge the success or failure, the waiting period, whether some have been preferentially treated, etc.  

The problem with engagement in such comparisons, of course, is that it is almost impossible to recreate an apple in order to compare it to another apple.  Whether because the internal procedures of OPM have changed (which it has), and comparing it to a time passed when procedures reflected a more systematic methodology of review; or whether one attempts to figure out if there is a non-arbitrary system of review at OPM (there isn’t); or whether the case has been assigned to a more experienced case-worker as opposed to one who has newly come on board at the Office of Personnel Management; or whether the strength of one’s medical and other substantiating documentation makes the initial review for OPM to grant the case immediately — all are factors, and many more not delineated herein, which make for differences between cases which cannot be compared.  

Each case is unique; uniqueness is the differentiation between cases; the cases, because of each individual uniqueness, fails in all attempts at quanitification of comparative analysis.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Intersection with Other Benefits

Federal Disability Retirement benefits under FERS or CSRS from the Office of Personnel Management is an independent benefit from an independent agency.  However, there may be some intersecting features which are important to understand, prior to beginning the process.  

A disability annuity, whether under FERS or CSRS, has an “off-set” feature with certain other federal annuities, by statutory mandate and direction, but not with certain others.  For instance, there is a coordinating offset with Social Security Disability (under FERS), and an election must be made between OWCP Temporary Total Disability payments and Federal Disability Retirement benefits (except for scheduled awards).  On the other hand, there is no offset between a Federal Disability Retirement annuity and VA disability payments.  

In making a decision as to whether to file for Federal Disability Retirement benefits, each Federal and Postal employee should be fully informed as to the offsets with other Federal benefits and payments, as well as whether there are limits and restrictions as to the amount of other “earned income” a person may be allowed to make.  

The importance of finding out which benefits are fully or partially offset is important in making a final decision as to whether it is financially feasible to proceed in preparing, formulating and filing a Federal Disability Retirement application.  Of course, in the end, it is usually a medical decision which is paramount — out of necessity, and not out of choice– as opposed to a financial one.  However, it is nevertheless important to know what is on the other side of the cave, before one enters it to begin with.

Sincerely,

Robert R. McGill, Esquire