• Home
  • About Me
  • Contact Us
  • Copyright
  • Credentials

OPM Disability Retirement

Entries RSS | Comments RSS
  • Pages

    • About Me
    • Contact Us
    • Copyright
    • Credentials
  • Categories

    • Accommodation and Light Duty (39)
    • Advantages of Federal Disability Retirement (27)
    • Agency’s and/or Supervisor’s Actions (43)
    • Application, Appeals, and Other Medical Documentation Submitted To the OPM (43)
    • Burden of Proof (29)
    • Clarifications of Laws or Rules (160)
    • CSRS Disability (1)
    • Eligibility Criteria (18)
    • Evaluation Of Your OPM Disability Claim – How Do I Know If I Have A Strong Case? (17)
    • Fables, Stories and Analogies about CSRS and FERS Medical Retirement Benefits (63)
    • Federal Disability Judge-Made Decisions Quoted (35)
    • FERS Disability (10)
    • Important Cases, Legal Updates and/or the Current Process Waiting Time (47)
    • Life after Federal Disability Retirement (21)
    • LWOP and Sick Leave in OPM Disability (12)
    • Mental/Nervous Condition (47)
    • Miscellaneous (176)
    • OPM Disability & OWCP Workers Comp Filings (44)
    • OPM Disability & SSA Social Security Disability Benefits (38)
    • OPM Disability & VA Benefits (3)
    • OPM Disability Actors (274)
      • OPM Disability Actors – The Agency (52)
      • OPM Disability Actors – The Applicant (76)
      • OPM Disability Actors – The Attorney (50)
      • OPM Disability Actors – The Doctor (51)
      • OPM Disability Actors – The Human Resources Office (17)
      • OPM Disability Actors – The MSPB Administrative Judge (6)
      • OPM Disability Actors – The OPM Representatives (28)
      • OPM Disability Actors – The Others (9)
      • OPM Disability Actors – The Supervisor (12)
    • OPM Disability Administrative Law (Statutory and Non-Statutory Law) (13)
    • OPM Disability and a Hostile Working Environment (10)
    • OPM Disability Application (183)
      • OPM Disability Application – SF 3112 Disability Retirement Application Package (27)
      • OPM Disability Application – SF 3112A Applicant's Statement of Disability for CSRS and FERS (62)
      • OPM Disability Application – SF 3112B Supervisor’s Statement for CSRS and FERS (9)
      • OPM Disability Application – SF 3112C Physician's Statement for CSRS and FERS (15)
      • OPM Disability Application – SF 3112D Agency Certification of Reassignment and Accommodation Efforts for CSRS and FERS (7)
    • OPM Disability Process (157)
      • OPM Disability Process – 1st Stage: OPM Disability Application (35)
      • OPM Disability Process – 2nd Stage: OPM Reconsideration Stage (28)
      • OPM Disability Process – 3rd Stage: MSPB Stage (17)
      • OPM Disability Process – 4th Stage: Petition for Full Review at the MSPB (4)
      • OPM Disability Process – 5th Stage: Federal Circuit Court of Appeals (2)
    • OPM Disability Retirement & EEOC Complaints (4)
    • OPM Medical Questionnaire (8)
    • Post-Application Issues (18)
    • Pre-Application Considerations (352)
    • Professional & Expert Witnesses (4)
    • Reasonable Medical Treatment and Compliance Issues (6)
    • Reflections of an OPM Disability Retirement Lawyer (1,458)
    • Resigning or Being Separated From a Federal Agency for Medical Problems or Other Reasons (33)
    • SF 3112 Forms (8)
    • Specific Medical Conditions (28)
    • The Job of a Federal Disability Attorney (78)
    • Theory and Practice: Tips and Strategies for a Successful Application (201)
    • U.S. Merit Systems Protection Board (MSPB) (20)
    • U.S. Office of Personnel Management (OPM) (73)
    • U.S. Postal Service (USPS) Disability Retirement (36)
    • Uncategorized (373)
    • When the OPM Application Is Approved (13)
    • When the OPM Application Is Denied (85)
  • Past Blogs

  • Federal Disability Retirement Attorney The right approach to filing Federal Disability Retirement claims.
    Federal Disability Retirement Lawyer Attorney profile @ Martindale.
  • Top Posts

    • OPM Accepted Medical Conditions
    • FERS/SSDI Offsets: Major Precedent-setting Case
    • OPM Disability Retirement under FERS: Another "Get Through" Day
    • Federal and Postal Workers: Things You Shouldn't Do When Filing For CSRS or FERS Disability Retirement
    • Contact Us
    • Federal and Postal Disability Retirement: Central v. Peripheral Issues
    • Medical Retirement Benefits for US Government Employees: Misinformation
    • OPM Medical Retirement from Federal Government Employment: Forms, Formats and Conformity
    • OWCP & FERS Disability Retirement for Federal and Postal Employees
    • FERS Disability Retirement Benefits: The Use of Language

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 | 2 Comments »

  • 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
  • What's New 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: The Difference between 'Accommodation' used in a General Sense, and in a Legal Sense
    • MyFederalRetirement.com Article: Federal Disability Retirement Benefits for FERS & CSRS Employees
    • Understanding the Complexities of the Law
    • USPS Disability Blog: The National Reassessment Program, the Agency and the Worker
  • 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.
  • Calendar

    December 2019
    S M T W T F S
    « Nov    
    1234567
    891011121314
    15161718192021
    22232425262728
    293031  
  • Archives

    • December 2019 (7)
    • November 2019 (27)
    • October 2019 (27)
    • September 2019 (25)
    • August 2019 (27)
    • July 2019 (28)
    • June 2019 (23)
    • May 2019 (27)
    • April 2019 (26)
    • March 2019 (26)
    • February 2019 (24)
    • January 2019 (28)
    • December 2018 (27)
    • November 2018 (27)
    • October 2018 (27)
    • September 2018 (25)
    • August 2018 (27)
    • July 2018 (27)
    • June 2018 (26)
    • May 2018 (27)
    • April 2018 (22)
    • March 2018 (26)
    • February 2018 (24)
    • January 2018 (27)
    • December 2017 (26)
    • November 2017 (27)
    • October 2017 (26)
    • September 2017 (26)
    • August 2017 (27)
    • July 2017 (26)
    • June 2017 (26)
    • May 2017 (28)
    • April 2017 (25)
    • March 2017 (27)
    • February 2017 (24)
    • January 2017 (26)
    • December 2016 (29)
    • November 2016 (26)
    • October 2016 (26)
    • September 2016 (26)
    • August 2016 (27)
    • July 2016 (26)
    • June 2016 (26)
    • May 2016 (28)
    • April 2016 (26)
    • March 2016 (27)
    • February 2016 (25)
    • January 2016 (26)
    • December 2015 (27)
    • November 2015 (24)
    • October 2015 (27)
    • September 2015 (25)
    • August 2015 (26)
    • July 2015 (28)
    • June 2015 (26)
    • May 2015 (25)
    • April 2015 (25)
    • March 2015 (26)
    • February 2015 (22)
    • January 2015 (26)
    • December 2014 (27)
    • November 2014 (22)
    • October 2014 (26)
    • September 2014 (26)
    • August 2014 (26)
    • July 2014 (27)
    • June 2014 (25)
    • May 2014 (26)
    • April 2014 (26)
    • March 2014 (26)
    • February 2014 (24)
    • January 2014 (27)
    • December 2013 (25)
    • November 2013 (25)
    • October 2013 (26)
    • September 2013 (26)
    • August 2013 (27)
    • July 2013 (27)
    • June 2013 (25)
    • May 2013 (27)
    • April 2013 (26)
    • March 2013 (26)
    • February 2013 (24)
    • January 2013 (26)
    • December 2012 (26)
    • November 2012 (25)
    • October 2012 (26)
    • September 2012 (23)
    • August 2012 (27)
    • July 2012 (22)
    • June 2012 (26)
    • May 2012 (24)
    • April 2012 (25)
    • March 2012 (25)
    • February 2012 (25)
    • January 2012 (25)
    • December 2011 (26)
    • November 2011 (24)
    • October 2011 (26)
    • September 2011 (25)
    • August 2011 (27)
    • July 2011 (25)
    • June 2011 (26)
    • May 2011 (25)
    • April 2011 (25)
    • March 2011 (27)
    • February 2011 (22)
    • January 2011 (23)
    • December 2010 (25)
    • November 2010 (23)
    • October 2010 (25)
    • September 2010 (24)
    • August 2010 (25)
    • July 2010 (28)
    • June 2010 (26)
    • May 2010 (29)
    • April 2010 (30)
    • March 2010 (26)
    • February 2010 (22)
    • January 2010 (23)
    • December 2009 (20)
    • November 2009 (19)
    • October 2009 (22)
    • September 2009 (18)
    • August 2009 (18)
    • July 2009 (23)
    • June 2009 (18)
    • May 2009 (11)
    • April 2009 (11)
    • March 2009 (14)
    • February 2009 (10)
    • January 2009 (10)
    • December 2008 (8)
    • November 2008 (8)
    • October 2008 (6)
    • September 2008 (4)
    • August 2008 (9)
    • July 2008 (8)
    • June 2008 (6)
    • May 2008 (18)
    • April 2008 (20)
    • March 2008 (31)

Blog at WordPress.com. WP Designer.