Postal and Federal Disability Retirement: The SSDI Filing Requirement

As part of the filing for Federal Disability Retirement from the U.S. Office of Personnel Management, the Federal or Postal employee who is under FERS (CSRS is exempted from this procedural requirement) must file for Social Security Disability Insurance (SSDI) benefits.

How aggressively should one file for SSDI, and when should it be filed?  The latter question will be taken up first: as a practical matter, the U.S. Office of Personnel Management does not need to see a receipt showing that one has filed for SSDI until the date of an approval of a Federal Disability Retirement application.

However, most agencies are under the mis-impression that, procedurally, it must be accomplished prior to submission of a Federal Disability Retirement application, and some agencies actually misinform Federal and Postal employees by insisting that one must receive a “decision” from the Social Security Administration prior to submitting a Federal Disability Retirement application under FERS, with OPM.  That is simply untrue.  All that OPM requires is a mere receipt showing that you filed.  This can be completed and a receipt printed out, by filing online.

As for the extent of one’s efforts in filing for SSDI?  In order to answer that, multiple questions should be asked of one’s self:  Will I be working at another job in the private sector while on FERS disability annuity?  Do I plan to make more than the low threshold ceiling of allowable earned income which Social Security allows for?  How likely will it be to qualify for the higher standard of being unable to engage in “substantial gainful activity” under SSDI rules?

These are all questions which should be asked in the course of filing for SSDI under the FERS program of applying for Federal Disability Retirement benefits.  Remember, it is the question which narrowly focuses the answer; without the former, it is unlikely that one will arrive with accuracy unto the latter.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: SSDI & OPM Disability Retirement

Until the economy begins to significantly expand in order to allow for a greater increase of the workforce, those who are on FERS or CSRS Disability Retirement often consider aggressively pursuing Social Security Disability benefits.

While the standard of proof is higher, where the concept of “total disability” is much more applicable (pragmatic interpretation:  the medical condition presents a quantifying impact upon a greater area of one’s life activities, and not merely upon the essential elements of one’s job), the problem with SSDI benefits is that it limits the Federal and Postal employee from making outside income beyond about a thousand dollars per month.

Without SSDI, of course, a former Federal or Postal worker who is receiving Disability Retirement benefits through the Office of Personnel Management, can earn up to 80% of what one’s former (Postal or non-Postal Federal) job currently pays.  And, with the ability to retain one’s health insurance benefits, life insurance, etc., the Federal Disability Retirement annuitant can be an attractive labor force for companies who are trying to contain costs and expenses.

This is a highly competitive economy, with companies being proactively selective and discriminating in their hiring practices.  For the Federal or Postal employee preparing, formulating, and filing for Federal Disability Retirement benefits, whether under FERS or CSRS, many options remain open, and advantages to be taken. Yes, the medical condition itself is a “negative” which forces one to leave the Federal workforce; but once FERS or CSRS disability retirement benefits are approved, there are many positive decisions to make.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: SSDI, FERS & Persuasive Impact

As part of the process in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management (also known for its acronym “OPM”), one must file for Social Security Disability benefits (SSDI) — if the Federal or Postal worker filing for Federal Disability Retirement benefits is under the FERS programs (CSRS employees are exempted because it is not tied to the Social Security component as part of that particular retirement system).

A small percentage of cases actually get approved by Social Security prior to a decision being made by the U.S. Office of Personnel Management.  When that happens (and yes, it is fairly rare, if only because most Federal and Postal personnel filing for Federal Disability Retirement benefits do so with a recognition that (A) they cannot do a particular kind of job, and (B) with a view towards working at another job, career, vocation, etc., whether part-time or full-time), then the question becomes:  What does one do with an SSDI approval letter?  Trevan v. OPM and subsequent cases, of course, comprise the rule on the matter; but such court cases essentially state that the decision of the Social Security Administration, as well as other Federal entities, are merely persuasive, as opposed to determinative.  But how persuasive?  Persuasive is a relative term.

To an unsuspecting innocent bystander, a person of reprehensible intensions may “persuade” quite easily; to the cynic and man of suspicious nature, “persuasion” may take the full effort of a team of con artists.  For the OPM Case Manager in the OPM Disability, Reconsideration & Appeals division, a decision by the Social Security Administration will take a 3-legged approach to have any impact at all:  (A)  the decision itself, (B) the case-law which makes the Federal Agency’s decision relevant to an OPM Disability Retirement case, and (C) accompanying medical evidence.  And, of course, the 4th component in all of this would be the methodological argumentation by the Federal Disability Applicant or the Federal Disability Attorney who argues effectively the previously-cited 3 components.

Persuasion is a “relative” term — indeed, relatives tend to be more familiar and therefore easily persuaded; strangers to the process need not apply.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement Benefits for US Government Employees: Interactions

Preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS, from the U.S. Office of Personnel Management, is a necessary step for a Federal or Postal employee who finds that he or she can no longer perform one or more of the essential elements of one’s Federal or Postal job because of a medical condition.  

In doing so, there are obviously potential interactive processes which one must consider.  If the Federal or Postal employee is under FERS, then you must file for SSDI (Social Security Disability benefits), because that is what the law requires.  

Further, one must determine how aggressively, to what extent, and to what end and purpose one needs to file in pursuing SSDI concurrently — for, if one is planning on working at another, separate job while receiving a Federal Disability Retirement annuity, then the cap imposed by SSDI as opposed to the 80% allowance for FERS Disability Retirement without SSDI, needs to be taken into consideration.  Such future planning will then determine the course of one’s actions, as to how hard one will try and obtain SSDI benefits.  

Additionally, if the medical condition arose from a work-related injury, then obviously filing a claim concurrently with the Department of Labor, Office of Workers Compensation under FECA should be contemplated.  

Then, there are those who, whether by accident or wisdom and foresight, obtained and paid for throughout the intervening years, a private disability insurance policy.  Such private disability insurance policies are essentially contracts — and whether there is an offset with Federal Disability Retirement benefits, Social Security, or OWCP depends upon the “fine print” of the contract.  

One minor note as to private disability policies:  The time to read the fine print is when the insurance agent is trying to sell you a policy — not when you need to apply for the benefits.  Private policies can be negotiated, and the terms can be amended.  

Finding a negative consequence after the fact is a costly error in judgment which can easily be mitigated by spending a few moments at the outset.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: Erroneous Information and Its Impact

A number of recent telephone calls clearly reveal that the abundance of erroneous information “out there” or disseminated by Union officials, Human Resource personnel, agency personnel, supervisors, coworkers, etc., continues unabated.  Ultimately, of course, the responsibility for acting upon information gathered — erroneous or not — is placed upon the individual who seeks out such information.  

The problem, as always, is that reliance upon erroneous information can result in irreversible consequences.  For example:  In preparing, formulating and filing a Federal Disability Retirement application under FERS (CSRS is exempted from this particular “requirement”), must one receive a denial from the Social Security Administration before one can file a Federal Disability Retirement application under FERS or CSRS?  Must a Federal or Postal employee be separated from Federal Service for at least 6 months before filing for SSDI benefits?  Must SSDI be approved by the Social Security Administration prior to filing for Federal Disability Retirement benefits under FERS?  The common thread and answer to all three of the questions posed:  No.  

The consequences of relying upon a “yes” answer, or information which either explicitly or implicitly implies that there is a precondition requirement of filing for SSDI before the Office of Personnel Management will accept and consider a Federal Disability Retirement application under FERS?  Delaying of preparing and filing for FERS Disability Retirement until a week before the 1-year Statute of Limitations was about the expire.  

The fact is that the Office of Personnel Management doesn’t much care about whether or not a FERS Federal Disability Retirement applicant filed for SSDI or not, until the time of approval of a Federal Disability Retirement application.  For, the only issue between FERS Disability Retirement and SSDI is a monetary one — whether an offset will occur between the two sources of annuities.

One other point:  When a caller argues, stating:  “But that’s not what X said…”  You can believe whomever you wish; just check out the source, consider the reliability of the source, and determine the consequences of such reliance.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: SSDI Considerations

In preparing, formulating and filing a Federal Disability Retirement application under FERS (CSRS is exempted), one must at some point — at the time of approval or anytime prior to — file for Social Security Disability Insurance benefits.  This is because, under the laws governing FERS Disability Retirement and Social Security, there is an offset of 100% between the two benefits in the first year, then a 60% offset between the two benefits every year thereafter.  

Most Federal and Postal employees who are filing for Federal Disability Retirement benefits under FERS will not qualify for Social Security Disability benefits, precisely because Social Security has a higher standard of proof in order to qualify for such benefits.  However, one must nevertheless satisfy the requirement of filing for SSDI.  

For Social Security, one must essentially prove that one is “totally disabled” from performing any and all types of employment, whereas under FERS Disability Retirement eligibility criteria, one must merely show by a preponderance of the evidence that one is no longer able to perform one or more of the essential elements of one’s particular kind of job.  

Despite the difference in eligibility criteria, there are times when a Federal or Postal employee applicant will be deemed to qualify for Social Security Disability benefits, but not for FERS Disability Retirement.  While this may seem odd, this occurs because of the independent nature of each agency.  The Office of Personnel Management makes its determination independent of the Social Security Administration. There is case-law, however, which requires the Office of Personnel Management to take into consideration a Social Security Disability approval, and thus an SSDI approval can have some persuasive impact upon a FERS Disability Retirement application.  

Further, often an SSDI denial letter will specifically state a finding that while they have determined that the Federal or Postal employee fails to qualify for SSDI benefits, they acknowledge that he or she is unable to perform the particular kind of job in which they are currently employed.  Such statements can be used for further persuasive argumentation, but should be used with discretion and care.

As with most agency statements, an argument for its use can “cut both ways”, and one must have the discretionary wisdom to use them as a shield or sword wisely.

Sincerely,

Robert R. McGill, Esquire