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    • Accommodation and Light Duty (40)
    • Advantages of Federal Disability Retirement (27)
    • Agency’s and/or Supervisor’s Actions (44)
    • 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)
    • Federal Disability Judge-Made Decisions Quoted (35)
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    • Important Cases, Legal Updates and/or the Current Process Waiting Time (49)
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    • Professional & Expert Witnesses (5)
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    • Resigning or Being Separated From a Federal Agency for Medical Problems or Other Reasons (34)
    • SF 3112 Forms (11)
    • Specific Medical Conditions (29)
    • The Job of a Federal Disability Attorney (80)
    • Theory and Practice: Tips and Strategies for a Successful Application (204)
    • U.S. Merit Systems Protection Board (MSPB) (21)
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    • U.S. Postal Service (USPS) Disability Retirement (36)
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    • When the OPM Application Is Approved (14)
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Federal Employees Retirement System (FERS) Disability Retirement: Further SSDI Considerations

Posted on June 30, 2010 by Federal Disability Retirement Attorney

In filing for Federal or Postal Disability Retirement under FERS, one must, of course, file for SSDI.  Whether you want to pursue SSDI aggressively or not, depends upon what one’s future plans will be.  Remember that you can make (in addition to the disability annuity paid) up to 80% of what one’s former Federal or Postal job currently pays. 

Thus, take the following hypothetical:  An individual makes $60,000.00 per year, and files for Disability Retirement under FERS.  In the first year, the individual’s annuity would be $36,000; and every year thereafter, it would be $24,000.00.  On top of that annuity amount, however, the former Federal or Postal employee could go out and become employed, and make up to $48,000.00 per year at another job, on top of the $24,000.00 in disability annuity, for a combined income of $72,000.00. 

Now, some might be critical of the fact that under the rules governing OPM Disability Retirement, one can actually make more total income — 120% — than before becoming qualified for FERS Disability Retirement.  Some have called this a “windfall”.  Instead, one should look at it this way:  it is a thoughtful paradigm, because the system encourages a person to become productive in some other capacity.  Moreover, that person further contributes to the system which he or she left, by paying Federal taxes through the “other” employment.  Incentives work, and in this case, it makes economic sense for both the Federal government and for the disabled former federal or postal employee.

Sincerely, Robert R. McGill, Esquire

Filed under: OPM Disability & SSA Social Security Disability Benefits | Tagged: a hypothetical fers disability retirement example, am I allowed to work with fers disability retirement?, can I work after opm disability retirement?, disability retirement at the USPS, disabled federal employees: deciding to pursue social security disability, does federal disability retirement makes sense from a financial perspective?, federal disability and social security disability retirement, federal disability law blog, federal employee disability, fers and ssi, fers disability and social security disability insurance ssdi, fers disability and ssi disability, FERS disability attorney, fers disability blog, FERS disability lawyer, fers disability pension rules, fers retirement social security, financial matters in federal employee disability retirement, How much money I can make working under FERS Disability Retirement?, important financial considerations in opm disability retirement, incentive to work under fers disability retirement, medical fers retirement, money considerations for injured/disabled federal employees, money is also a concern for fers disability retirees, nationwide representation of federal employees, opm disability and social security disability, opm disability and social security eligibility, opm disability and social security income considerations, OPM disability lawyer, opm disability retirement with ssdi and employment considerations, opm social security, postal and social security disability, Social Security and OPM disability relationship, social security disability for postal workers, ss and fers disability, ssdi and fers disability, the ssa requirement in fers disability retirement, USPS disability retirement, usps worker & social security disability, what fers disability annuitants should consider before pushing for ssdi, whether it makes sense to get both opm and social security disability retirement | Leave a comment »

FERS & CSRS Disability Retirement: Considerations Prior to Pursuing SSDI Aggressively

Posted on June 29, 2010 by Federal Disability Retirement Attorney

In filing for Federal Disability Retirement benefits under FERS, one must file for SSDI and submit proof of such filing with the Office of Personnel Management at the time of approval of the Federal Disability Retirement application.  For CSRS individuals who file for Federal Disability Retirement, no such filing is required, precisely because the framework of a CSRS retirement/disability retirement is not tied into the Social Security system. 

Remember that, under FERS, when a Federal or Postal Worker files for Federal Disability Retirement benefits, all that is necessary is to fulfill the requirement of “filing” — meaning, that a receipt must be submitted evidencing the filing of an SSDI application.  One does not need an approval or a denial — merely a receipt showing that one has fulfilled the statutory requirement of filing.  Ultimately, of course, the Office of Personnel Management is seeking to discover whether or not the Federal or Postal worker is eligible for SSDI, and if so, that an offset will be triggered.  Because of the possible offset (and the potential repercussions of OPM refusing to reinstate the full FERS Disability Retirement benefits in the event of an SSDI/FERS disability retirement annuitant having reached a status of gainful employment — see my previous blog post), one needs to take into consideration all of the factors, circumstances, future goals and future plans, before one decides to “aggressively” pursue SSDI benefits.  

Sincerely,

Robert R. McGill, Esquire

Filed under: OPM Disability & SSA Social Security Disability Benefits, Pre-Application Considerations | Tagged: a requirement a fers disability retirement applicant can't ignore, an additional danger of getting both fers and ssa disability retirement, attorney representing federal workers for disability throughout the united states, CSRS disability retirement federal attorney, danger in restoring full opm disability benefits, differences between fers and csrs disability retirement systems, disability retirement at the USPS, disabled federal employees: deciding to pursue social security disability, federal disability and social security disability retirement, federal disability law blog, federal employee disability, fers and ssi, fers and the social security income cap, FERS Disability, fers disability and social security disability insurance ssdi, fers disability and ssi disability, fers disability blog, FERS disability lawyer, fers disability pension rules, FERS disability retirement, fers disability retirement not being fully restored after giving up ssdi, fers retirement social security, how much to fight for social security disability, medical fers retirement, nationwide representation of federal employees, 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 lawyer, OPM disability retirement, 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, questions about the about the fers and social security disability ssi process, reinstating full fers disability benefits after social security disability, Social Security and OPM disability relationship, social security disability for postal workers, social security issues for fers disability annuitants, ssdi and fers disability, the ssa requirement in fers disability retirement, USPS disability retirement, USPS disability retirement benefits, what fers disability annuitants should consider before pushing for ssdi, when the opm refuses to reinstate full fers disability annuity payments, whether it makes sense to get both opm and social security disability retirement | Leave a comment »

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 »

FERS Disability Retirement: SSDI & FERS Offset

Posted on June 26, 2010 by Federal Disability Retirement Attorney

Federal and Postal Disability Retirement annuitants under FERS were required to file for SSDI as part of the process.  Most Federal and Postal employees who filed for Federal Disability Retirement benefits under FERS, never obtain an approval for SSDI.  This is natural, of course, and is part of the overall “framework” of the interaction between FERS Disability Retirement benefits and SSDI.  FERS Disability Retirement (as well as CSRS Disability Retirement) encourages Federal and Postal Workers to become employed in the private sector, and to become “productive” (translation:  continue to pay more taxes) in some other area of employment. 

Because Disability Retirement benefits under FERS or CSRS does not pay a great amount (60% of the average of one’s highest three consecutive years the first year under FERS, and 40% thereafter; a different computation methodology for CSRS employees, who are becoming rarer each year), the paradigm and plan of the Federal payment system for Disability Retirement annuitants had an implicit public policy approach of “encouraging” all such annuitants to find other employment.  Unless, of course, in addition to the FERS Disability Retirement annuity, one became entitled to SSDI payments, in which case the “cap” for income from other employment becomes much, much lower.  Many considerations should be thoughtfully approached when filing for SSDI, including plans for future employment.  Otherwise, some problems may be encountered if the annuitant receives both FERS Disability Retirement benefits, SSDI, and exceeds the cap from other employment.  More to Follow.

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, are there "strings attached" on social security disability retirement?, are us postal workers entitled to ssd?, attorney representing federal workers for disability throughout the united states, disability fers, disability retirement fers, federal disability and social security disability retirement, federal employee disability, federal medical retirement, fers, FERS Disability, fers disability and social security disability insurance ssdi, FERS disability attorney, fers disability blog, FERS disability lawyer, fers disability pension rules, FERS disability retirement, FERS disability retirement SF3112-2, 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, nationwide representation of federal employees, 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 with ssdi and employment considerations, opm social security, opm ssdi offset, owcp disability retirement, Post Office disability, postal and social security disability, Postal Service disability, postal service disability retirement, questions about the about the fers and social security disability ssi process, salary average of one's highest three consecutive years, Social Security and OPM disability relationship, social security disability compensation for opm disability retirees, social security issues for fers disability annuitants, ssdi fdr offset, the high-3 computation for medical retirement for ill federal workers, usps disability benefits, usps fers retirement | Leave a comment »

  • 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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