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    • Accommodation and Light Duty (40)
    • Advantages of Federal Disability Retirement (27)
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    • Application, Appeals, and Other Medical Documentation Submitted To the OPM (44)
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    • Evaluation Of Your OPM Disability Claim – How Do I Know If I Have A Strong Case? (18)
    • Fables, Stories and Analogies about CSRS and FERS Medical Retirement Benefits (78)
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    • Important Cases, Legal Updates and/or the Current Process Waiting Time (49)
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Federal Employees Retirement System (FERS) Disability Retirement: SSDI & FERS Offset (Continued…)

Posted on June 28, 2010 by Federal Disability Retirement Attorney

If a former Federal or Postal employee receives both FERS Disability Retirement annuity, as well as SSDI (with the proper offset), and finds a job, makes sufficient income to exceed the cap for SSDI — to the extent that Social Security finds that he or she is no longer “entitled” to SSDI benefits and suspends SSDI payments:  will the Office of Personnel Management recalculate the FERS Disability Retirement and reinstate the amount which was previously offset, to restore the full FERS Disability Retirement annuity?  The answer:  A number of recent cases have resulted in a “No”.  Petitions and Appeals are in the works. 

The reasoning and rationale of the Office of Personnel Management is that, because the individual is still “entitled” to SSDI benefits, but the benefits have merely been “suspended”, therefore the FERS Disability Retirement annuity is still offset by the “entitled” amount, not by what is actually received.  Pending the outcome of any Petitions for Review and Appeals to the U.S. Federal Circuit Court of Appeals, Federal and Postal Disability Retirement annuitants must be careful in deciding whether or not to actually pursue SSDI.  If one is planning to work at another job, with a reasonable expectation of exceeding Social Security’s cap for employment income, the fact that if one is restored to earning capacity, one’s FERS Disability Retirement may not be allowed to be recalculated to make up for the lost offset, should be taken into consideration.

Sincerely, Robert R. McGill, Esquire

Filed under: OPM Disability & SSA Social Security Disability Benefits, Pre-Application Considerations | Tagged: accepting opm disability clients all across america, an additional danger of getting both fers and ssa disability retirement, danger in restoring full opm disability benefits, disability fers, disability retirement fers, federal disability and social security disability retirement, federal employee disability, fers, fers and the social security income cap, FERS Disability, fers disability and social security disability insurance ssdi, fers disability and substantial gainful employment 2010, FERS disability attorney, fers disability blog, fers disability pension rules, FERS disability retirement, fers disability retirement not being fully restored after giving up ssdi, FERS medical retirement, fers retirement social security, how much to fight for social security disability, law firm representing clients in opm disability law all across america, medical fers retirement, offset, offset between social security and opm disability, opm disability and social security disability, opm disability and social security eligibility, opm disability and social security income considerations, opm disability retirement and the sga limit, opm disability retirement with ssdi and employment considerations, opm not restoring full disability benefits after ssdi, opm social security, opm ssdi offset, postal and social security disability, Postal Service disability, postal service disability retirement, questions about the about the fers and social security disability ssi process, Social Security and OPM disability relationship, social security disability compensation for opm disability retirees, social security disability for postal workers, social security issues for fers disability annuitants, ssdi and fers disability, ssdi fdr offset, what fers disability annuitants should consider before pushing for ssdi, whether it makes sense to get both opm and social security disability retirement | 3 Comments »

  • More on CSRS & FERS Disability Retirement

    • eZineArticles.com Article: The 1 Year Statute of Limitations
    • Federal Disability Retirement Laws, Medical Conditions, and the Intersecting Complications with OWCP, Social Security and FERS & CSRS
    • Federal Disability Retirement: The Full Arsenal of Weapons
    • FedSmith.com Article: Revisiting "Accommodation"
    • FedSmith.com Article: Sometimes the Process is just as important as the Substance of an Argument
    • Latest PostalReporter.com Article: Causation in a Federal Disability Retirement Case
    • Understanding the Complexities of the Law
    • USPS Disability Blog: The National Reassessment Program, the Agency and the Worker
  • Other Resources for Federal and Postal Employees

    • Articles Published in the Postal Reporter
    • FAQs on OPM Disability Retirement
    • FERS Disability Attorney Profile at Lawyers.com
    • Main Website on Federal Disability Retirement
    • OPM Disability Blog
    • The Postal Service Disability Retirement Blog
  • Seven False Myths about OPM Disability Retirement

    1) I have to be totally disabled to get Postal or Federal disability retirement.
    False: You are eligible for disability retirement so long as you are unable to perform one or more of the essential elements of your job.  Thus, it is a much lower standard of disability. 

    2) My injury or illness has to be job-related.
    False: You can get disability even if your condition is not work related.  If your medical condition impacts your ability to perform any of the core elements of your job, you are eligible, regardless of how or where your condition occurred.

    3) I have to quit my federal job first to get disability.
    False: In most cases, you can apply while continuing to work at your present job, to the extent you are able.  

    4) I can't get disability if I suffer from a mental or nervous condition.
    False: If your condition affects your job performance, you can still qualify. Psychiatric conditions are treated no differently from physical conditions.

    5) Disability retirement is approved by DOL Workers Comp.
    False: It's the Office of Personnel Management (OPM) the federal agency that administers and approves disability for employees at the US Postal Service or other federal agencies.

    6) I can wait for OPM disability retirement for many years after separation.
    False: You only have one year from the date of separation from service - otherwise, you lose your right forever.

    7) If I get disability retirement, I won't be able to apply for Scheduled Award (SA).
    False: You can get a Scheduled Award under the rules of OWCP even after you get approved for OPM disability retirement.
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